(A) Declaration of policy. The City Council determines that the health of the elm and oak trees within the city is threatened by fatal diseases known as Dutch Elm and Oak Wilt diseases, and other trees may be threatened by other epidemic diseases of shade trees. The City Council further determines that the loss of elm, oak and other trees growing upon public and private property would substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the City Council to control and prevent the spread of those diseases and this section is enacted for that purpose.
(B) Designated enforcement officer. It shall be the duty of the officer designated by the City Council to coordinate, under the direction and control of the City Council, all activities of the city relating to the control and prevention of Dutch Elm disease and Oak Wilt disease and other epidemic diseases of shade trees. The officer shall recommend to the City Council the details of a program for the control of the diseases, and perform the duties incident to a program adopted by the City Council.
(C) Trees constituting nuisance declared. The following are public nuisances whenever they may be found within the city:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide;
(3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum;
(4) Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide; or
(5) Any other shade tree with an epidemic disease.
(D) Inspection and investigation. As often as practical, the designated officer shall inspect all public and private premises within the city which might harbor any plant pest, as defined in M.S. § 18.46 (13), as it may be amended from time to time, to determine whether any condition described in division (C) of this section exists thereon. The designated officer shall investigate all reported incidents of infestation of Dutch Elm fungus, elm bark beetles, Oak Wilt fungus or any other epidemic disease of shade trees.
(E) Entry on private premises. The designated officer or his or her duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this section.
(F) Abatement of nuisance. It is unlawful for any person to permit any public nuisance, as defined in division (C) of this section, to remain on any premises the person owns or controls within the city. The nuisances may be abated in the manner prescribed by this section. In abating a nuisance, defined in division (C) of this section, the designated officer shall cause the infected tree or wood to be sprayed, removed, burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases such as Dutch Elm disease and Oak Wilt disease. The designated officer shall also take other steps as are necessary to prevent root graft transmission of the diseases. The abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture.
(G) Procedure for removal of infected trees and wood.
(1) Action by the designated officer. Whenever the designated officer finds with reasonable certainty that the infestation, defined in division (C), exists in any trees or wood in any public or private place in the city, the designated officer shall in writing notify the owner of the existence of a nuisance, which notice shall state that the owner has 60 days to abate the nuisance and avoid city action. A copy of the notice shall be transmitted to the City Clerk for the information of the City Council. If within the 60-day period the property owner has not abated the nuisance, the designated officer shall report all the facts surrounding the unabated nuisance to the City Council.
(2) Action by the City Council.
(a) Upon receipt of the designated officer’s report required in division (G)(1) of this section, the City Council shall by resolution order the nuisance abated. Before action is taken on the 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 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 basis of assessment, if any, of costs.
(b) At the hearing or adjournment thereof, the City Council shall hear property owners with reference to the scope and desirability of the proposed project.
(c) The City 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.
(3) Record. The designated officer shall keep a record of the costs of abatement done under this section and shall report monthly to the City Clerk or other appropriate officer 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.
(4) 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 section. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment under M.S. § 429.101 and other pertinent statutes, as they may be amended from time to time, for certification to the County Auditor and collection the following year along with the current taxes.
(H) Interference prohibited. It is unlawful for any person to prevent, delay or interfere with the designated officer or his or her agents while they are engaged in the performance of duties imposed by this section. However, it is a defense to prosecution under this division that the interference alleged consisted of constitutionally protected speech only.