Dispute over lien on Village of Climax property continues

By Bruce Rolfe

A topic that created expense and lots of discussion at previous  meetings and was asked about again at the June 16 Climax Village Council meeting, resurfaced at the July 7 regular council meeting.

After former Village Council President David Miller asked the Council to address the collection of a debt owed to the Village at 115 Watson Street during citizen time June 16, Council President Bill Lewis said he would provide an answer at the July 7 meeting.

In a written response to Miller’s question at the July 7 meeting, Lewis said the issue at 115 Watson Street surrounds $2,580 he said is owed to the Village of Climax. He said that figure has not increased.

He said a blight abatement issue occurred in the year 2020 with a court order issued December 21, 2020. The Village had to pay to have items removed from the property. He adds the Village of Climax then placed a municipal lien on the property. He said the lien was received by the County of Kalamazoo on September 7, 2021 signed by former Village Council President Jim Cummings, and cosigned by Miller, who was a council member at the time. Lewis said the document was also notarized.

Miller claims the lien is good for five years and with September 7, 2026 approaching, he felt the lien should be re-recorded for another five years.

Lewis went on to note on November 19, 2024 at his first meeting as the new Village Council president, Miller, the outgoing village president, informed the new council that the council would need to collect on the past debt owed the Village on two properties and place a debt on another property as he was leaving office.
 
Lewis said the Village was without legal representation until late January, 2025. He said in the spring of 2025, the council answered the County that the Village of Climax had a stake at 115 Watson Street for the lien that the Village had discovered was on the subject property as the Village was informed of the pending back taxes from the County of Kalamazoo.

Lewis said the Council continued to work issues “and found that we as a Council could not  resolve certain issues that had been left over from the prior administration.”

Lewis adds at the November 4, 2025 meeting a motion was passed (5-0) to allow the village attorney to get involved with three ordinance cases to move forward with recouping money owed to the village.

Lewis noted at the November 18, 2025 meeting the Council was advised by the village attorney to place a lien amount on the property at 115 Watson Street on the tax roll. The lien amount was added to the taxes per warrant; a supplemental tax bill would be sent.

Lewis said at the December 4, 2025 meeting the debt was listed on taxes and would be collected accordingly. He adds the actions were taken to collect on the debt owed the Village of Climax for money spent. 

Since that time the property tax has been granted tax exemption for the said property.

At the 2026 Climax Township Board of Review, the Board of Review determined based on the information that was provided, a poverty exemption was granted for 2026 at the location.

The poverty exemption form from the Climax Township Board of Review lists the name of owner or person named on the assessment roll as George W. and Lisa Moore.

Climax Township Assessor Chad Rasmus said only property taxes become exempt.

“Any lien attached, be it a delinquent water bill, mowing lawn grass cutting lien, or other penalties, shall encumber a property despite property taxes being exempt,” said the Climax Township assessor.

“The lien is an expense. It is added onto the tax bill. It has been a separate tax,” adds Lewis, who notes there has been no interest applied to the $2,580 owed to the Village since it was placed on the property as a lien.

Lewis said the lien went onto the tax bill last year as a supplemental tax bill.

“This year it was put on the tax bill and now it follows the process,” adds the Village Council president.

Lewis said he was told if the lien amount is not paid by the end of the year, the Village recoups the money from Kalamazoo County, similar to how the Village collects for unpaid taxes each year from the county. “At that point the county assumes the debt on the property,” said Lewis.

 Lewis adds if a Village spends taxpayer money to correct an ordinance violation on private property, the Village Council has a fiduciary responsibility to attempt to recover those expenses.

When given an opportunity to respond, Miller said the Council’s time is running out to collect any money owed on the property.

Lewis claimed the council was following through with advice from the attorney.

DPW Report


Department of Public Works Manager T.J. Gibson reports chip seal projects on Cherry, Sheldon, South Church, and East Hancock Streets will begin in about a week. He said it is hopeful all projects will be completed by mid-August.

Water samples and pumpage reports have been completed for July.

Ordinance/Zoning/Planning & Development


Ordinance/Zoning/Planning & Development Chairperson Carolyn Kelly said the Village was contacted by the Kalamazoo County Heath and Human Services Department with a request to assist a resident in an apartment with a major safety issue that required Safebuilt, the company the Village uses for permits, ordinances and inspection, to inspect the building.

Council President Bill Lewis said an email and communication from the County Health Department revealed a ceiling in an apartment in the village apartments on West Maple Street collapsed. He said the resident filed a complaint with the County Heath Department.

Lewis said Safebuilt could not perform an inspection without the Village’s approval. 

The Village allowed Safebuilt to perform the inspection and Lewis was asked by the County Health Department to be on site while the inspection took place.

The Village president said a report from Safebuilt will be filed with the county.

Lewis said the occupant was displaced but he did not know the current status of the situation.

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