HomeMy WebLinkAboutOrdinance - 16-2008 - Amending City Code 9.70 & 9.71 - 06/26/2008 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 16-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 9 BY AMENDING SECTIONS 9.70 AND 9.71 REGARDING
NOTICE AND DUE PROCESS PROCEDURES ASSOCIATED WITH DISEASED TREE
AND HERBACEOUS VEGETATION ABATEMENT; AMENDING CITY CODE
CHAPTER 2 BY AMENDING SECTION 2.32 RELATIVE TO THOSE CITY
EMPLOYEES WHO MAY ISSUE CITATIONS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTIONS 2.99 and 9.99 WHICH AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. The Eden Prairie City Code is amended by amending Section 9.70, Subd. 6
(D) as follows:
"Notice. Once a diseased tree has been identified and marked on private property, notice
shall be given by the City to the affected property owner. The notice shall state and
describe the property affected; order and set forth the date by which the tree must be
removed; state that if removal has not taken place the City as a remedial action will
remove or cause removal of the diseased tree; that all costs thereof will be billed to the
property owner payable within thirty (30) days; that if payment is not received, the costs
will be assessed against the property from which such diseased tree is removed pursuant
to and in accordance with Minn. Stat. § 429.101 or any similar provision hereinafter
enacted; inform the property owner of the right to a hearing before the Council to appeal
the notice in accordance with Subd. 6 (F); and inform the property owner that upon filing
of a timely appeal the time to comply with the notice is stayed pending a decision by the
Council on the appeal."
Section 2. The Eden Prairie City Code is amended by adding Section 9.70, Subd. 6 (F)
as follows:
"The person served with the notice set forth in Section 9.70, Subd. 6 (D) is entitled to a
full hearing before the Council to appeal the notice upon serving a written request
therefore upon the City Clerk prior to expiration of the date by which the tree must be
removed as set forth in the notice. At such hearing the person may present any evidence
he deems pertinent to the appeal, but the City shall not be required to keep a verbatim
record of the proceedings. The Mayor, or other officer presiding at the hearing, may, in
the interest of justice or to comply with time requirements and on his own motion or the
motion of the party appealing, the City Manager, or a member of the Council, adjourn the
hearing to a more convenient time or place; but such time or place shall be fixed and
determined before adjournment so as to avoid the necessity for formal notice of
reconvening. The Council may affirm, amend or reverse all or any portion of the notice
and shall set a new deadline for compliance if the order to remove the tree is affirmed."
Section 3. The Eden Prairie City Code shall be amended by amending Section 9.71,
Subdivision 7 as follows:
"Subd. 7. Notice.
A. Notice. Once a failure to comply with the height, setback, maintenance, weed, and
annual cutting requirements as required by this Section is identified, notice of such failure
shall be given by the City to the affected property owner. The notice shall state and
describe the property affected; order and allow seven (7) days for the property owner to
cause such vegetation to be cut, removed and/or treated for weeds; that if such vegetation
is not cut, removed and/or treated for weeds the City as a remedial action will cause such
vegetation to be cut, removed and/or treated for weeds; that all costs thereof will be billed
to the property owner payable within thirty (30) days; that if payment is not received
within thirty (30) days, the costs will be assessed against the property from which such
vegetation has been removed pursuant to and in accordance with Minn. Stat. § 429.101 or
any similar provision hereinafter enacted; inform the property owner of the right to a
hearing before the Council to appeal the notice in accordance with Subd. (C); and inform
the property owner that upon filing of a timely appeal the time to comply with the notice
is stayed pending a decision by the Council on the appeal. The notice shall be served in
the same manner as set forth in Section 9.70, Subd. 6 (E)."
Section 4. The Eden Prairie City Code is amended by adding Section 9.71, Subd. 7 (C)
as follows:
The person served with the notice set forth in Section 9.71, Subd. 7 (A) is entitled to a
full hearing before the Council to appeal the notice upon serving a written request
therefore upon the City Clerk prior to expiration of the date by which the vegetation is to
be cut, removed and/or treated for weeds as set forth in the notice. At such hearing the
person may present any evidence he deems pertinent to the appeal, but the City shall not
be required to keep a verbatim record of the proceedings. The Mayor, or other officer
presiding at the hearing, may, in the interest of justice or to comply with time
requirements and on his own motion or the motion of the party appealing, the City
Manager, or a member of the Council, adjourn the hearing to a more convenient time or
place; but such time or place shall be fixed and determined before adjournment so as to
avoid the necessity for formal notice of reconvening. The Council may affirm, amend or
reverse the all or any portion of the notice and shall set a new deadline for compliance if
the order that the vegetation be cut, removed and/or treated for weeds is affirmed.
Section 5. The Eden Prairie City Code shall be amended by amending Section 2.32
to add under the heading "Parks and Recreation Department" the following employees:
Assistant Weed Inspector and Forestry Technician.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Sections 2.99
and 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
Section 7. This ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
5th day of June, 2008, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 17th day of June, 2008.
6�4 At"*\-, —
P Young, Maj6ry
ATTEST:
e4���*� ,�J�-
Ka Teen Porta, City Clerk
PUBLISHED in the Eden Prairie News on the day of &L , 2008.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 16-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 9 BY AMENDING SECTIONS 9.70 AND 9.71 REGARDING
NOTICE AND DUE PROCESS PROCEDURES ASSOCIATED WITH DISEASED TREE
AND HERBACEOUS VEGETATION ABATEMENT; AMENDING CITY CODE
CHAPTER 2 BY AMENDING SECTION 2.32 RELATIVE TO THOSE CITY
EMPLOYEES WHO MAY ISSUE CITATIONS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTIONS 2.99 and 9.99 WHICH AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows an opportunity for a hearing before the City
Council upon an appeal by a property owner of an order by the City to remove a
diseased tree under City Code Section 9.70 Subd. 6 or that vegetation be cut,
removed and/or treated for weeds under City Code Section 9.71 Subd. 7. This
ordinance further adds the Assistant Weed Inspector and the Forestry Technician
as city employees who may issue citations under City Code Section 2.32.
Effective Date. This ordinance shall become effective from and after its passage and
publication.
� a Jok'
i oung, May
ATTEST:
k2
hiA� �t
K leen Porta, City Clerk
PUBLISHED in the Eden Prairie News on the day /of�,�/Ke- , 2008.
(A full copy of the text of this Ordinance is available from the City Clerk.)
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
- — - County of Hennepin )
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA
SUMMARY OF ORDINANCE
NO. 16-2008 Laurie A. Hartmann,being duly sworn, on oath says that she is the authorized agent of the
AN ORDINANCE OFTHE CITY publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
OF EDEN PRAIRIE,MINNESOTA herein stated as follows:
AMENDING CITY CODE
CHAPTER 9 BY AMENDING (A)This newspaper has complied with the requirements constituting qualification as a legal
SECTIONS 9O AND DUE
newspaper,as provided b Minnesota Statute 331A.02,331A.07,and other applicable laws,as
REGARDING NOTICE AND DUEp y pp
PROCESS PROCEDURES amended.
ASSOCIATED WITH DISEASED
TREE AND HERBACEOUS (B)The printed public notice that is attached to this Affidavit and identified as Noy 3
VEGETATION ABATEMENT; was published on the date or dates and in the newspaper stated in the attached Notice and said
AMENDING CITY CODE Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
CHAPTER 2 BY AMENDING the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
SECTION 2.32 EMPLOYEES WHO RELATIVE TO
THOSE CITY E inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
-MAY ISSUE CITATIONS; AND and publication of the Notice:
ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTIONS abcdefghijklmnopqrstuvwxyz
2.99 and 9.99 WHICH AMONG /
OTHER THINGS, CONTAIN Y / ( j
PENALTY PROVISIONS. ! .Itt-6( ,C.
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, Laurie A.Hartmann
MINNESOTA, ORDAINS:
Summary: This ordinance
allows an opportunity for a hearing
before the City Council upon an Subscribed and sworn before me on
appeal by a property owner of an
order by the City to remove a
diseased tree under City Code
Section 9.70 Subd. 6 or that this day of aat-� 2008 '
vegetation be cut,removed and/or �WtN M.RADUENZ
treated for weeds under City Code
Section 9.71 Subd.7.-Tisisardinance NOTARY FUBl1C-MINNESOTA
further adds the Assistant Weed My ConTAslon Expires Jan.31,2010
Inspector and the Forestry
Technician as city employees who
mayfsssueciVationsunderCityCode Notary Public
Section 2.32.
Effective Date. This ordinance
shall become effective from and
after its passage and publication.
Phil Young,Mayor
Attest: Kathleen Porta,City Clerk
(A full copy of the text of this RATE INFORMATION
Ordinance is available from the
City Clerk.) Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch
(Published in theEdenPrairieNews Maximum rate allowed by law for the above matter................................$40.00 per column inch
on Thursday,June 26,2008;No.3437)
Rate actually charged for the above matter...............................................$12.19 per column inch