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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 $3,628.00. 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. 429.10. The property owner would like to move forward on the abatement and therefore, the City Attorney has drafted an agreement between the property owner at 1437 Arden Place and the City in order to shorten the abatement process listed within the code. This agreement has been signed by the property owner. Within the agreement, (attached for Council review) the homeowner: 1. Waives any further notices or hearings in this regard 2. Requests the removal and disposal of the Elm Tree 3.Authorizes the City and its agents, contractors and employees to enter upon the property for the purpose of removing and disposing of the Elm Tree; provided that the City gives the homeowner at least two (2) days advance notice of its intent to enter upon the Property for such purpose. 4.Assess all actual cost incurred by the City for the removal and disposal of the Elm Tree. The City responsibilities will be to: 1. Remove the Elm Tree from the property and dispose off site. 2.Upon completion of the removal and disposal of the Elm Tree from the property, the City Council shall specially assess the subject property for the removal and disposal of the diseased tree. The assessment shall be deferred until the sale of the property or upon the death of the homeowner. Upon the end of the deferment, the assessment shall be spread over three years together with five percent (5%) interest on the unpaid balance. Interest shall accrue beginning thirty (30) days following the end of the deferment. The assessment may be prepaid within those 30 days without interest as allowed by law. The first installment shall be due and payable with taxes in the year following the end of the deferral. Requested Action Motion to approve Resolution 2014-040: Ordering abatement at 1437 Arden Place for a public nuisance tree, identified to have Dutch Elm Disease. Attachments Attachment A: Diseased Tree Abatement Agreement Attachment B: Resolution 2014-040: Abatement of Nuisance at 1437 Arden Place. P:\\Admin\\Council\\Agendas & Packet Information\\2014\\08-25-14-R\\Michelle\\082514 Tree Abatement DED 1437 Arden Place.doc Page 2 of 2