(A) Whenever the forester finds with reasonable certainly that the infestation defined in § 93.38 exists in any tree or wood in any public or private places 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 finding to the Council, which shall proceed by:
(a) Abating the nuisance as a public improvement under M.S. Ch. 429, as it may be amended from time to time; or
(b) 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 that 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 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 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 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) 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 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 the following year along with current taxes.
(Ord. 144, passed - -1975)