(A) Action by city shade tree inspector. Whenever the city shade tree inspector finds with reasonable certainty that the infestation defined in § 91.03 exists in any tree or wood in any public or private place in the city, the city shade tree inspector shall proceed as follows.
(1) If the city shade tree inspector finds that the danger of infestation of other elm, oak, or other trees is not imminent because of the dormancy of the infected trees, the city shade tree inspector shall make a written report of the finding to the Council which shall proceed by:
(a) Abating the nuisance as a public improvement under M.S. Chapter 429, as it may be amended from time to time; or
(b) Abating the nuisance as provided in division (B) of this section.
(2) If the city shade tree inspector finds that danger of infestation of other elm, oak, or other trees is imminent, the city shade tree inspector 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 city shade tree inspector shall immediately report such action to the Council and, after the expiration of the time limit in the notice, may abate the nuisance.
(B) Action by Council. Upon receipt of the city shade tree inspector’s report required by division (A)(2) above, the Council shall, by resolution, order the nuisance abated. Before action is taken on such 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 such meeting. The notice shall state the time and place of the meeting, the streets affected, the action proposed, the estimated cost of the abatement and the proposed basis of assessment, if any, of costs. At such 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 with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract.
(C) Record. The Public Works Director or city shade tree inspector shall keep a record of the costs of abatement done under this section and shall report monthly to the Administrator all work done for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved, and the amount chargeable to each.
(D) Assessment. On or before September 1 of each year, the Administrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this code. 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 amended, and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes.
(Prior Code, § 91.05)