2011-04-27 CC Packet - Laserfiche WebLink

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i amount of time to abate the nuisance. The notice will also state that the owner or occupant has the right to appeal the determination that a ublic nuisance exists b submittin a r uest in wririn to P Y g �l g the City clerk within seven (7) days after service of the notice, or before the date by which , abatement must be completed, whichever comes first. ' (3) If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted, the tree inspector or designated person sha11 have the authority to obtain permission or an administrative search warrant, enter the property, and carry out abatement in accorda.nce with the notice of abatement. (L) High-cost abatement. If the tree inspector determines that the cost of abating a nuisance will exceed $5,000 based on a reasonable, good faith estimate, the written notice referred to in Section K must provide that if the nuisance is not abated within the reasonable amount of time provided, the matter will be referred to the City Council for a hearing. The date, time, and location of the hearing must be provided in the notice. (M) Appeal procedure. If the City clerk receives a written request for a hearing on the question of whether a public nuisance exists, the City Council shall hold a hearing within fourteen (14) calendar days following receipt by the clerk of the written request. At least three (3) days notice of the hearing shall be given to the individual who rnade the written request for the hearing. The Council may modify the abatement notice or extend the time by which abatement must be completed. Each owner, agent of the owner, occupant, and lienholder of the subject property or properties in attendance, if any, shall be given the opportunity to present evidence at the hearing. After holding the hearing, the City Council may issue an order requiring abatement of the nuisance. (N) Abatement procedure in event of imminent danger. (1) If the tree inspector determines that the danger of infestation to other shade trees is imminent, and delay in control measures may put public health, safety, or welfare in immediate danger, the tree inspector may provide for abatement without following subdivision 11 or 12. The tree inspector must reasonably attempt to notify the owner or occupant of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting. (2) Nothing in this section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to hutnan life or safety. (0) Recovery of cost of abatement; liability and assessment. � (1) The owner of premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City clerk or other official shall prepaze a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk. (2) After notice and hearing, as provided in Minn. Stat. § 429.061 (which may be amended from time to time), the City Clerk sha11, on or before Sept. 1 next following abatement of the nuisance, list the total unpaid charges as well as other charges for current services to be assessed 46