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Council directs abatement steps, collection options after lakefront tree removals

Dune City Council · August 22, 2024
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Summary

The council discussed a code-enforcement case involving a property owner who removed riparian vegetation and trees without completing required remediation. Members directed staff to determine dates and costs, pursue local contractors to complete abatement if necessary, and prepare fines/invoicing and collections steps if the owner fails to act.

Staff summarized the Claycomb case: the property owner removed vegetation and trees in the riparian zone and did not complete the remediation ordered after an appeal was denied. The Chair said the owner had been given time, had been supplied with local contractor information and, "To date, he hasn't done anything." Council discussed options including: (a) giving a short final deadline for the owner to cure, (b) the city contracting (abatement) with a local firm and billing the owner, and (c) imposing per-day fines (the code allows up to $500 per day per offense) and placing liens or sending unpaid amounts to collections.

Members emphasized sediment-control and erosion risks if restoration is delayed, and one council member recommended immediate contracting to prevent further erosion. Council directed staff to (1) confirm the relevant notice and appeal dates and the commencement date for penalties, (2) solicit a local contractor to prepare a remediation plan and cost estimate, (3) set a clear fine and warning letter giving 30 days to comply before the city takes action and invoices the owner; if unpaid, the amount would be subject to collections and possible lien. Staff will return with precise dates and cost estimates for council review.