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§ 98.10 DESTRUCTION OF TREES ON PUBLIC PROPERTY.
   It shall be unlawful for any person to remove, alter or destroy any street tree or park tree without the prior authorization of the city.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
§ 98.11 RIGHT OF REVIEW BY CITY COUNCIL.
   Any person aggrieved by any ruling or order of the Forestry Department acting as municipal tree body may appeal to the City Council, which shall hear the matter and make a final decision. The City Council shall have the right to review the conduct and decisions of the Forestry Department. The City Council may modify, affirm or reverse any determination of the Forestry Department.
(Ord. 419, passed 3-9-1992)
DUTCH ELM DISEASE
§ 98.25 DECLARATION OF POLICY.
   (A)   The City Council has determined that the health of the elm and oak trees within the municipal limits of the city are threatened by fatal diseases known as Dutch elm disease and oak wilt, respectively.
   (B)   It has further been determined that the loss of elm and oak trees growing upon private and public property would substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public.
   (C)   It is declared to be the intention of the City Council to control and prevent the spread of these diseases and this subchapter is enacted for that purpose.
(Ord. 419, passed 3-9-1992)
§ 98.26 DESIGNATION OF A TREE DISEASE CONTROL AREA.
   The City Council shall designate a Dutch elm disease and/or an oak wilt control area within the city in which this chapter and established control procedures shall be enforced.
(Ord. 419, passed 3-9-1992)
§ 98.27 APPOINTMENT OF A TREE INSPECTOR.
   The City Council shall designate a Tree Inspector or Tree Inspectors, certified by the Minnesota Commissioner of Agriculture, who shall administer the Dutch elm disease and/or oak wilt control programs for the city in accordance with this chapter and within the designated Dutch elm disease and/or oak wilt control areas of the city.
(Ord. 419, passed 3-9-1992)
§ 98.28 ABATEMENT.
   It is unlawful for any person to permit a public nuisance as defined in § 98.08 to remain on any premises owned or controlled by that person within the designated control areas of the city. The nuisances may be abated in the manner prescribed by this chapter.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
§ 98.29 INSPECTION AND INVESTIGATION.
   (A)   Annual inspection.
      (1)   Dutch elm disease. The Tree Inspector shall inspect all premises and places within the city at least three times during the growing season, by June 15, July 15 and August 15 to determine whether any condition described in § 98.08 exists.
      (2)   Elm wood. The Tree Inspector shall inspect all premises and places within the city by April 1 of each year for elm wood or logs/stumps that meet any of the conditions described in § 98.08 and require by April 1, removal or debarking of all wood, logs and stumps to be retained.
      (3)   Oak wilt. The Tree Inspector shall inspect all premises and places within the city as many times as practical or necessary to determine whether any conditions described in § 98.08 exists.
   (B)   Entry upon private premises. The Tree Inspector so designated by the City Council may enter upon private premises at any reasonable time for the purpose of carrying out the duties assigned to him or her under this chapter. Before making any inspection on private property within the city, the Tree Inspector shall give notice of the inspection to all affected residents and property owners either through an oral or written notice, or by publishing the notice in a local newspaper.
   (C)   Diagnosis. The Tree Inspector shall, upon finding indications of Dutch elm disease or oak wilt, take steps for the diagnosis as may be appropriate, including analysis of twig samples from actively wilting branches by the Minnesota Department of Agriculture shade tree disease laboratory, or other laboratories capable of performing the services approved by the Minnesota Commissioner of Agriculture. Whenever possible, diagnosis shall be based upon accepted field symptoms.
(Ord. 419, passed 3-9-1992)
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