04-26-2012 Agenda and Packet - Laserfiche WebLink

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Subd. 2. Nuisance Declared Unlawful: It is unlawful for any person to permit public nuisances, as herein defined, to remain on any premises owned or controlled by that person within the City. 605.04: ABATEMENT PROCEDURES; ASSESSMENT OF COSTS: Subd. 1. Notice to Abate: Whenever the City Administrator or an agenttree inspector find that nuisances, as defined in Section 605.03 of this Chapter, exist on any public or private property in the City, they shall notify the property owner on which such nuisances are located, by personal service or by mail, that the nuisances must be abated within athe specified time below., . not less than ten (10) days from the date of service or from the date of mailing of such notice. If mailed notice or personal service cannot be achieved, then notice may be obtained by publishing same in the legal newspaper not less than five (5) days prior to the date that the nuisance must be abated pursuant to the notice. Oak wilt nuisances must be abated by a predetermined date, as established by the City Council. a. Not less than ten (10) days from the date of service or from the date of mailing of such notice for dead or diseased elms. b. Before the date indicated in the notice for red oaks infected with oak wilt disease. c. Before the date indicated in the notice, but no later than April 15 of the following year, for dead or infested ash trees. The tree inspector may order the immediate removal of dead or infested ash trees if said removal will eliminate the likelihood of an imminent threat of spread to other ash trees from late May to early August. Subd. 2. Failure to Abate; Cost Billed to Owner: If the owner shall fail to remove the nuisance(s) from the property described in the notice, the City Administrator or an agent shall tree inspector may order the work to be done, and the cost of said work shall be billed against the owner. Subd. 3. Responsibility for Costs: a. Trees which are diseased pursuant to this Chapter located on City boulevards in public street rights -of -way will be removed at a cost of fifty percent (50%) to the owner of the abutting property with the City assuming the remaining costs. b. All other materials pursuant to this Chapter are the responsibility of the owner of the abutting property. Subd. 4. Special Assessment: If the owner shall fail to pay the bill, as provided for in subdivisions 1 and 2b hereof, within ninety (90) days, the Council may then assess the amount due, plus interest, plus costs against the property as a special assessment pursuant to Minnesota Statutes1. 1 M.S.A. §429.101.