4E, General Abatement for Hazardous Public Nuisance Tree

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MEMORANDUM DATE: July 25, 2011 TO: Honorable Mayor & City Councilmembers Patrick Klaers, City Administrator FROM: Michelle Olson, Parks and Recreation Manager SUBJECT:General Abatement for Hazardous Public Nuisance Tree 1971 Thom Drive (PID:283023330011) Background The City received a complaint regarding a storm damaged tree at 1971 Thom Drive that may be hazardous.The City Forester inspected the property and determined thathalf of the tree was uprooted and fallen over toward the property owner’s homeand half of the tree is still standing but leaning toward the neighbor’s home and driveway.Theproperty isin violation of Section 710.12,Subd. 6:Nuisances declared to be public nuisances whenever and wherever they may be found within the City: Any tree considered in the opinion of the City Forester to pose eminent danger to life or property or to adjoining properties. Trees of such condition will be determined hazardous.This type of violation requires the City to use the abatement procedure process in Section 710.12of the City Code. The abatement process states that a written notice of violation shall be served to theowner of record or occupant of the premises either in person or by certified or registered mail. The notice shall describe the facts which are in violation of the City’s public nuisance regulation; the specific City regulation which have been violated; the type of action necessary to abate the violation; and deadline for compliance. A violation letter was sent by certified mail on July 7, 2011, giving the owner 10 days to correct this situation. The property owner contacted the City to discuss the issue. They requested that the City remove the tree with our own contractor and assess the bill to their property taxes. An abatement order allows the City to hire a contractor to complete the work on the property and charge the cost back to the property owner. The estimated cost to remove this tree with the City Tree Contractor is $2,992.5. Section 710.12 Subdivision 12 states that if the owner does not pay the bill within thirty days of the date thereof, the Council may then assess the amount due, plus interest against the property as a special assessment under M.S. Ch. 429.101. City of Arden Hills City Council Meeting for July 25, 2011 \\Metro-inet.us\ardenhills\PR&PW\Parks\Memos\Council Memos\07252011 -1971 Thom Dr. Tree Abatement -Memo.doc Page 1of 2