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(A) It is the intention of the Council of the city to conduct a program of plant pest control pursuant to the authority granted by M.S. § 89.51 et seq., as it may be amended from time to time.
(B) This program is directed specifically at the control and elimination of Dutch elm disease fungus and elm bark beetles, and is undertaken at the recommendation of the Commissioner of Agriculture. The City Forester shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program.
(Ord. 80, passed 5-14-1974)
(A) The following issues are public nuisances whenever they may be found within the city:
(1) Any living or standing elm tree, or part thereof, infected to any degree with the Dutch elm disease fungus Ceratocystis Ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh) or Hylurgopinus Rufipes (Marsh); and
(2) Any dead elm tree, or part thereof, including legs, branches, stumps, firewood, or other elm material from which the bark has not been removed and burned, or sprayed with an effective elm bark beetle insecticide.
(B) It is unlawful for any person to permit any public nuisance, as defined in division (A) above, to remain on any premises owned or controlled by him or her within the city. The nuisances may be abated in the manner prescribed by this subchapter.
(Ord. 80, passed 5-14-1974) Penalty, see § 10.99
(A) The Forester shall inspect all premises and places within the city as often as practicable to determine whether any condition described in § 151.04(A) exists thereon. He or she shall investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles.
(B) The Forester, or his or her duly authorized agents, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to him or her under this subchapter.
(C) The Forester shall, upon finding conditions indicating Dutch elm infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take the steps for diagnosis as may be recommended by the Commissioner. Except as provided in § 151.07, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made.
(Ord. 80, passed 5-14-1974)
In abating the nuisances defined in § 151.04(A), the Forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent, as fully as possible, the spread of Dutch elm disease fungus and elm bark beetles. The abatement procedures shall be carried out in accordance with current technical and expert opinions and plans, as may be designated by the Commissioner of Agriculture.
(Ord. 80, passed 5-14-1974)
(A) Whenever the Forester finds, with reasonable certainty, that the infestation defined in § 151.04(A) exists in any tree or wood in any public or private place in the city, he or she shall proceed as follows.
(1) If the Forester finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he or she shall make a written report of his or her findings to the Council, which shall proceed by abating the nuisance as a public improvement under M.S. Chapter 429, as it may be amended from time to time, or abating the nuisance as provided in division (B) below.
(2) If the Forester finds that danger of infestation of other elm trees is imminent, he or she shall notify the abutting property owner, by certified mail, that the nuisance will be abated within a specified time, not less than five days from the date of mailing of the notice. The Forester shall immediately report the action to the Council, and after the expiration of the time limited by the notice he or she may abate the nuisance.
(B) Upon receipt of the Forester’s report required by division (A)(1) above, the Council shall, by resolution, order the nuisance abated. Before this action is taken on the resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners, and published once no less than one week prior to the meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed bases of assessment, if any, of costs. At the hearing, or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with the modifications as it considers desirable, and provide for the doing of the work by day labor or by contract.
(C) The Forester shall keep a record of the costs of abatements done under this section, and shall report monthly to the City Administrator (or other appropriate officer) all work done for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved, and the amounts chargeable to each.
(D) On or before September 1 of each year, the City Administrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this subchapter. The Council may then spread the charges, or any portion thereof, against the property involved as a special assessment under M.S. § 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the County Auditor, and collection for the following year along with current taxes.
(Ord. 80, passed 5-14-1974)
(A) Whenever the Forester determines that any elm tree or elm wood within the city is infected with Dutch elm fungus, he or she may spray all nearby high value elm trees with an effective elm bark beetle destroying concentrate. Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions, and plans, of the Commissioner of Agriculture, and under the supervision of the Commissioner and his or her agents, whenever possible.
(B) The notice provisions of § 151.07(B) apply to spraying operations conducted under this section.
(Ord. 80, passed 5-14-1974)
It is unlawful for any person to transport, within the city, any bark-bearing elm wood without having obtained a permit from the Forester. The Forester shall grant the permit only when the purposes of this subchapter will be served thereby.
(Ord. 80, passed 5-14-1974) Penalty, see § 10.99
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