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HomeMy WebLinkAbout1987-044 CCRMember Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 87 -44 RESOLUTION APPROVING PROCEDURES FOR THE ADMINISTRATION OF THE DISEASED SHADE TREE REMOVAL PROGRAM BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the following procedures are hereby approved for the administration of the Diseased Shade Tree Removal Program in accordance with Chapter 19, Sections 1501 through 1506 of the Brooklyn Center Code of Ordinances: Step 1 The Tree Inspector inspects shade tree(s) and marks any tree with a number if it is found to be infected to any degree with the Dutch Elm Disease fungus "Ceratocystis Uomi (Buisnan) Moreau" or if it harbors any of the elm bark beetles "Scolytus Multistriatus" or "Hylurgopinus Rufipes Step 2 The "Notice to Abate Nuisance and Diseased Shade Tree Removal Agreement" is prepared by the City Engineer. The notice identifies the diseased tree(s), specifies whether it is on private property or in the boulevard, specified whether the stump will be removed or debarked and specifies the removal costs. The notice is sent to the property owner along with a letter of explanation, a description of the diseased tree removal program options, and a copy of the diseased shade tree removal ordinance. This material lists the options and explains the terms under which trees must be removed. Step 3 Concurrently with preparing and sending the notice to the property owner, the City Engineer also prepares a resolution, for consideration by the City Council, declaring all trees listed in that resolution to be a public nuisance. The resolution shall be placed on the next City Council agenda. Step 4 If, within the 20 day period specified by Section 19 -1504 of the Ordinance, the property owner has failed, neglected or refused to abate the nuisance and has not authorized the City to abate the nuisance then, if the City Council has adopted a resolution declaring the tree(s) to be a public nuisance, the City Engineer shall prepare a second notice advising the property owner that (a) he is in violation of the ordinance, (b) the City Council has declared the tree(s) to be a public nuisance and (c) if the violation is not corrected within 5 days after delivery of the notice, the City will proceed to remove the tree(s) and will levy a special assessment against the property covering the costs for removal of the tree(s), administrative costs, and special assessment service charges. When feasible, such notices shall be served in person on the proper owner(s) by the City's Police Department. When service by the Police Department is not feasible, the notice shall be sent to the property owner by Registered Mail. 1 RESOLUTION NO. 87 -44 Step 5 If, the tree(s) is not removed within 5 days after (a) the notice has been served on the property owner by the Police Department, or (b) the date that the registered letter is delivered to the property owner (as evidenced by a return receipt notice), or (c) the date that the Post Office returns the notice to the City Engineer as being undeliverable to the last known address of the property owner, the City Engineer is hereby authorized to have the tree(s) removed by the City's tree removal contractor, and to certify the costs thereof, including removal costs, administrative costs and special assessment service charges, to the City Council for inclusion on the special assessment roll. III ATTEST: o�, March 9, 1987 U/ Date Mayo)//) &ed.,/ Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.