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Council approves special assessment resolution for nuisance tree abatement; attorney will report back if payment not received
Summary
The council approved Resolution 1106 to authorize a special assessment to reimburse city costs for abating hazardous trees that damaged neighboring property; City Attorney Kevin Rogerson said the bank has indicated a willingness to pay but the city will record a lien if payment is not received within two weeks; the attorney will return with an update.
City Attorney Kevin Rogerson presented Resolution 1106 authorizing a special assessment to recoup city costs for abating two hazardous trees on private property that damaged a neighbor's fence and roof. Rogerson said the city initiated code‑enforcement action, reached the landowner, waived civil fines and performed the abatement when the owner said they lacked funds. The city proposes to recoup hard costs through a special assessment recorded as a lien if payment is not received.
"We reached the landowner, and the landowner said they didn't have sufficient funds to do the abatement. So we reached an agreement with them ... We'll do the abatement if you allow us to recoup our money through a special assessment," Rogerson explained. He added that mortgagee/bank representatives have indicated a willingness to pay and that, if payment arrives within the next couple of weeks, staff will not record the lien; otherwise the city will proceed with recording.
Council approved the resolution by voice vote with an explicit request from one council member that Rogerson return in two weeks to report whether payment was received. The record shows the motion passed unanimously. Rogerson noted his office performed the legal work without charging additional city costs and that the resolution authorizes recording a lien only if payment is not forthcoming.
