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HomeMy WebLinkAbout2023-070 CCRMember Jerzalc introduced the following resolution and moved its adoption: RESOLUTION NO. 2023-70 RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooldyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooldyn Center, Minnesota, that: 1. The diseased tree at the following address is hereby declared to be a public nuisance. ProDertv Address Tree Tvpe Tree Number 5420 Fremont Ave N Ash 5 5401 Penn Ave N Ash 6 5808 Knox Ave N Ash 7 3612 53" Ave N Ash 9 7142 France Ave N Ash 10 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Cleric. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with City codes and Minnesota Statutes Chapter 429. RESOLUTION NO. 2023-70 July 10, 2023 Date ATTEST: ' City Cleric C Mayor The motion for the adoption of the foregoing resolution was duly seconded by member: Butler and upon vote being taken thereon, the following voted in favor thereof. Butler, Graves, Jerzak, Kragness, Lawrence -Anderson and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted.