Whenever the City Forester finds with reasonable certainty that the infestation defined in § 94.26 exists in any tree or wood in any public or private place in the city, he or she shall proceed as follows:
(A) If the Forester finds that the danger of infestation of other elm or oak trees is not imminent because of elm dormancy or other circumstances, he or she shall make a written report of his or her finding to the Council which shall proceed by:
(1) Abating the nuisance of a public improvement under M.S. Chapter 429, as it may be amended from time to time; or
(2) Abating the nuisance as provided in division (C) below.
(B) If the City Forester finds that the danger of infestation of other elm or oak 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 such notice. The Forester shall immediately report such action to the Council, and after the expiration of the time limited by the notice, he or she may abate the nuisance.
(C) Upon receipt of the City Forester’s report required by division (A) 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. The 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, 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 confirming the original resolution with such modifications as it considers desirable and provide the doing of the work by day labor or by contract.
(D) The City Forester shall keep a record of the costs of abatements done under this section and shall report monthly to the City Clerk-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.
(E) On or before September 1 of each year, the City Clerk-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.
(1990 Code, § 1502.060) Penalty, see § 94.99