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Home My WebLink About6A, Approve Resolution 2010-059 - Abatment of 1960 Cty Road E2ARp ENHILLS Request for Council Action Prepared By: Meagan Beekman, City Planner A Council Meeting Date: November 15, 2010 Approve Resolution 2010 -059: Abatement of 1960 County Road E2 Budgeted Amount: N/A Actual Amount: N/A Funding Source: N/A Recommendation: Approve Resolution 2010 -059 ordering abatement at 1960 County Road E2 for dead, diseased, or fallen trees or tree branches not in compliance with City regulations. Supporting Documents: 1. Memorandum dated November 15, 2010, from Meagan Beekman 2. Air Photo and Pictures of 1960 County Road E2 3. Resolution 2010 -059: Abatement of Nuisance at 1960 County Road E2 DATE: TO: FROM: SUBJECT: Requested Action Background November 15, 2010 RL�N HILLS MEMORANDUM Honorable Mayor City Councilmembers Patrick Klaers, City Administrator Meagan Beekman, City Planner General Abatement for Fallen Tree 1960 County Road E2 (PID: 28.30.23.32.0026) Motion to approve Resolution 2010 -059 ordering abatement at 1960 County Road E2 for dead, diseased, or fallen trees or tree branches not in compliance with City regulations. The City received a complaint regarding a fallen tree at 1960 County Road E2. City Staff inspected the property on November 3, 2010, and found the tree appeared to be located entirely on the property located at 1960 County Road E2. After the inspection, it was determined that the property was in violation of Section 602.03 Subd. 21: Dead, diseased, or fallen trees or tree branches not removed within a reasonable period of time. This type of violation requires the City to use the General Abatement Procedure process in Section 602.05 of the City Code. The General Abatement process requires the City to serve upon the owner of record a notice of the abatement order. If the owner of record is unknown or cannot be found notice must be made in the newspaper for four weeks prior to the abatement. The City Attorney is completing a title search in order to find the owner (s) of record since the property appears to be vacant. The City is also required to file a copy of the abatement order with the District Court and for record with the County Recorder. Once the proper notifications have been made the City must wait an additional 20 days to give the owner of record time to appeal. The whole process can take up to eight weeks before the abatement can take place. City of Arden Hills City Council Meeting for July 12, 2010 \l Metro- inet .uslardenhills\BuildinglAddress File11 Code EnforcementlCounty Road E2 WestI19601Tree Abatement111 -15 -10 Special Meeting 1960 County Road E2 Tree Abatement Memo.doc Page 1 of 2 City Staff has not able to contact an occupant for the property. Staff sent a certified letter to the owner listed on the County online information, but this appears to be out of date. The City also posted a notice on the property on November 5, 2010, giving the property owner seven days to remove the fallen tree. The property owner has not contacted the City to resolve the situation. 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 charge is 125 percent of the cost of the work plus administrative and legal costs. If the charges are not paid, the charge will be certified against the property for collection with the property taxes. The City has received a quote for the work from Precision Landscape and Tree for the amount of $689.34 to complete the abatement. Prior to any action, the Council must provide a hearing for the property owner. The property owner was notified of the hearing in conformance with the City Code. Recommendation Motion to approve Resolution 2010 -059 ordering abatement at 1960 County Road E2 for dead, diseased, or fallen trees or tree branches not in compliance with City regulations. Attachment Air Photo and Pictures of 1960 County Road E2 Resolution 2010 -059: Abatement of Nuisance at 1960 County Road E2 City of Arden Hills City Council Meeting for July 12, 2010 IlMetro- inet .uslardenhills\BuildinglAddress File11 Code EnforcementlCounty Road E2 WestI19601Tree Abatement111 -15 -10 Special Meeting 1960 County Road E2 Tree Abatement Memo.doc Page 2 of 2 EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2010-059 ORDER TO ABATE NUISANCE 1960 COUNTY ROAD E2 WHEREAS, Michael Stariha is the owner of the property located at 1960 County Road E2 "Property which is legally described as follows: Lot 1, Block 1, Munson Subdivision PID: 283023320026 WHEREAS, the City of Arden Hills sent a Violation Notice to the Property owner indicating that a fallen tree on the Property was a nuisance which needed to be abated; and, WHEREAS, the Property owner did not respond to the Violation Notice or otherwise remove the fallen tree; and, WHEREAS, on the 12th day of November, 2010, the City of Arden Hills sent a Notice of Council Hearing which indicated the day, time and place of the Council Hearing at which the Arden Hills City Council would consider an Order to remove the fallen tree; and, WHEREAS, on November 15, 2010, the City Council conducted a hearing; considered the comments made by parties who wished to be heard; and determined, based upon the evidence presented, that the fallen tree on the Property was a public nuisance as defined by Arden Hills City Regulations. NOW, THEREFORE, BE IT RESOLVED THAT THE ARDEN HILLS CITY COUNCIL orders the removal of the fallen tree on the Property within twenty (20) days of the service of this Order to Abate as provided by law, unless within such time, the Property owner appeals the Order of the City Council by filing a Notice of Appeal with the Clerk of the District Court for the Second Judicial District; and BE IT FURTHER RESOLVED, that if the Property owner fails to abate the nuisance or file a Notice of Appeal as provided above, the City Administrator shall cause the fallen tree to be removed from the Property and 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 any assessments levied pursuant to this Resolution shall bear interest at the rate of 4.5% per annum from the date of recording until December 31 of the year in which the special assessment is paid in full. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 15 DAY OF NOVEMBER, 2010. ATTEST: Patrick Klaers, City Administrator Arden Hills \Forms\2010 -059, Ordering Abatement at 1960 County Road E2.v3.doc Stanley D. Harpstead, Mayor 2 1960 County Road E2 Pictures Taken: November 3, 2010 vii %.'i:•: Fi vi �5 'r ..2yY r: •k p£ '.i�/•F,�'; j i:4 w1113.10 kk