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Home My WebLink About4E, General Abatement for Hazardous Public Nuisance Tree 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 The property owner would like to move forward on the abatement and therefore, the City Attorney has drafted an agreement between the property ownerat 1971 Thom Drive 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 hazardousnuisancetree 3.Authorizes the City and its agents, contractors and employees to enter upon the property for the purpose of removing and disposing of the hazardouspublic nuisance tree 4.Assess all actual cost incurred by the City for the removal and disposal of the hazardouspublicnuisance tree The City responsibilities will be: 1.The City Council shall adopt a resolution abating the tree and directing the Ramsey County Auditor to assess the property for the cost actually incurred by the City to remove the hazardousnuisance tree. The assessment shall be paid in three (3) equal annual installments and shall bear interest at the rate of 4.5% from the date of the adoption of the resolution. The first installment shall be due and payable in 2011. 2.Remove the hazardousnuisance tree from the property on or before July 27, 2011. Requested Action Motion to approve Resolution 2011-038: Ordering abatement at 1971 Thom Drive for a storm damaged tree which will likely cause injury to persons or property when it falls (“hazardous tree”) and is therefore a public nuisance pursuant to the provisions of the City Code 710.12, Subd. 6. Attachments Attachment A: Aerial Diagramof 1971 Thom Drive Attachment B: Photosof hazardous public nuisance tree at 1971 Thom Drive Attachment C: Hazardouspublic nuisancetree abatement agreement Attachment D: Resolution 2011-038:Abatement of hazardouspublic nuisance tree at 1971 Thom Drive 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 2of 2 A Attachment : Aerial Diagram of 1971 Thom Drive B Attachment : Photos of hazardouspublic nuisancetree at 1971 Thom Drive C Attachment : Hazardous public nuisance tree abatement agreement ABATEMENT AGREEMENT Parties 1.0. This Abatement Agreement (“Agreement”) is entered into by and between the City of Arden Hills, a Minnesota statutory city (“City”); and Kimberly A. Halverson (“Halverson”). Recitals. 2.0 A.Halverson is the fee owner of residentially zoned property located at 1971 Thom Drive,Arden Hills, MN (“Property”) which is legally described as follows: Lot 23, Rowleder’s Home and Garden Acres except the west 249.15 feet thereof. (Tax Parcel: 28-30-23-33-0011) B.There is a storm damaged tree on the Property which will likely cause injury to persons or property when it falls (“Hazardous Tree”) and is therefore a public nuisance pursuant to the provisions of Arden Hills City Code §210.12, Subd. 6. C.Halverson acknowledges that the Hazardous Tree is a public nuisance; has requested that the City remove the Hazardous Tree; and has requested that the cost of the removal be specially assessed against the Property. Terms 3.0. In consideration of the mutual undertakings herein expressed,the parties agree as follows: A.Halverson Acknowledgement, Waivers and Requests. 1.Halverson, forherself and herheirs and assigns: a.Waives any further noticesor hearings which shemay otherwise be entitled to pursuant to the City’s Regulationsrelatingto public nuisances and special assessments. b.Requests the City to remove theHazardous Tree and dispose of the Hazardous Tree. c.Authorizes the City and its agents, contractors and employees to enter upon the Property for the purpose of removing and disposing of the Hazardous Tree;providedthatthe City gives Halverson at least two (2) days advance notice of its intent to enter upon the Property for such purpose. d.Request that the City specially assess thecost incurred by the City for the removal and disposal of the Hazardous Tree.The current estimated cost for tree removal and disposition is $2,992.50. B.The City responsibilities will be to: 1.The City Council shall adopt a resolution abating the tree and directing the Ramsey County Auditor to assess the property for the cost actually incurred by the City to remove the hazardous nuisance tree. The assessment shall be paid in three (3) equal annual installments and shall bear interest at the rate of 4.5% from the date of the adoption of the resolution. The first installment shall be due and payable in 2011. 2.Remove the hazardous nuisance tree from the property on or before July 27, 2011. Restoration of Property 4.0.Halverson shall be responsible for restoring the Property after the Hazardous Tree has been removed. Legal Document 5.0. This Agreement is a legally binding document and each of the parties has had an opportunity to review its terms with legal counsel. î IN WITNESS WHEREOF , the above-named parties have hereunto set their hands. CITY OF ARDEN HILLS, a Minnesota statutory city David Grant, Mayor ATTEST: Patrick Klaers,City Administrator STATE OF MINNESOTA) ) ss. COUNTY OF ) On this day of , 2011, before me, a notary public within and for said county, personally appeared David Grantand Patrick Klaers, to me known to be respectively the Mayor and City Administrator of the City of Arden Hills, and they executed the foregoing instrument and acknowledged that they executed the same by authority of and on behalf of City of Arden Hills. Notary Public í _______________________________ Kimberly A.Halverson STATE OF MINNESOTA) ) ss. COUNTY OF ___________) Onthis _____ day of ________________, 2011, before me, a notary public within and for said county, personally appearedKimberly A. Halverson, a single person,and hasexecuted the foregoing Agreement and acknowledgedthe same. ____________________________________ Notary Public Arden Hills\Agreements\Abatement Ag-Halverson.v5.doc ì D Attachment : Resolution 2011-038: Abatement of hazardous public nuisance tree at 1971 Thom Drive CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2011-038 ABATEMENT OF A NUISANCEat 1971Thom Drive WHEREAS, Kim Halverson isthe property owner of the following described property: Address: 1971 Thom Drive PID: 28302330011 Legal Description: Lot 23, Rowleder’s Home and Garden Acres except the west 249.15 feet thereof. WHEREAS ,ahazardous nuisance tree(“Hazardous Tree”)is located on the property; and, WHEREAS, notice therefore was sent certified mail to the property owner pursuant to City Regulations; and, WHEREAS, this abatement was initiated pursuant to the City of Arden Hills Municipal Code710.12 and its subdivisions (“Shade Tree Regulations”); andthe hazardous treeis declared a public nuisance;and, WHEREAS, the property owner has requested that the City remove the hazardous tree and assess the cost of removal against the property and waives any further notices or hearings which it may otherwise be entitle to pursuant the Shade Tree Regulations; and, NOW, THEREFORE, BE IT RESOLVED THAT THE ARDEN HILLS CITY COUNCIL hereby adopts Resolution 2010-038: Ordering abatement at 1971Thom Drivefor a hazardouspublic nuisance tree. BE IT FURTHER RESOLVED that all cost incurred by the City, including an administrative fee in the amount of $125 are hereby assessed against the Property to be collected with the real estate taxes in the year in which this Resolution is recorded, together with an Affidavit of Cost Incurred; and BE IT FURTHER RESOLVED , that anyassessments levied pursuant to this Resolution shall bear interest at the rate of 4.5% per annum from the date of recording until st December 31of the year in which the special assessment is paid in full. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS25 DAY OF JULY, 2011. _________________________________________ David Grant, Mayor ATTEST: _______________________________________ Patrick Klaers, City Administrator