A. Infestation: Whenever the tree inspector finds, with reasonable certainty, that the infestation defined in subsection 4-5-5A of this chapter exists in any tree or wood in any public or private place in the city, he shall proceed as follows:
1. Nonimminent Danger: If the tree inspector finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make a written report of his finding to the city council which shall proceed by:
a. Abating the nuisance as a public improvement under Minnesota Statutes Annotated section 429.101, or
b. Abating the nuisance as provided in subsection B of this section.
2. Imminent Danger: If the tree inspector finds that danger of infestation of other elm trees is imminent, he shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than twenty (20) days from the date of mailing of such notice. The tree inspector shall immediately report such action to the city council, and after the expiration of the time limited by the notice, the inspector may abate the nuisance.
B. Order To Abate:
1. Resolution Of City Council: Upon receipt of the tree inspector's report required by subsection A1 of this section, the city council shall, by resolution, order the nuisance abated.
2. Notice Of Hearing; Publication: Before action is taken on such resolution, the city 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 such meeting. The notice shall state the time and place of the meeting, the trees affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs.
3. Public Hearing: At such hearing or adjournment thereof, the city council shall hear property owners with reference to the scope and desirability of the proposed project.
4. Readoption Of Resolution: The city council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract.
C. Costs; Report: The tree inspector shall keep a record of the costs of abatement done under this section and shall report monthly to the city council all work done for which assessments are to be made stating and certifying the description of the land, lots, or parcels involved and the amount chargeable to each.
D. Special Assessment: On or before September 1 of each year, the city clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this chapter. The city council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Annotated section 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes. (1982 Code § 8.6108)