(A) Notice to abate.
(1) Whenever the Tree Inspector finds that nuisances, as defined in § 153.003 of this chapter, exist on any public or private property in the city, they shall notify the property owner on which such nuisances are located, by personal service or by mail, that the nuisances must be abated within the specified time below.
(2) If mailed notice or personal service cannot be achieved, then notice may be obtained by publishing same in the legal newspaper not less than five days prior to the date that the nuisance must be abated pursuant to the notice:
(a) Not less than ten days from the date of service or from the date of mailing of the notice for dead or diseased elms;
(b) Before the date indicated in the notice for red oaks infected with oak wilt disease;
(c) Before the date indicated in the notice, but no later than April 15 of the following year, for dead or infested ash trees. The Tree Inspector may order the immediate removal of dead or infested ash trees if the removal will eliminate the likelihood of an imminent threat of spread to other ash trees from late May to early August;
(d) Ash tree removal to occur between October 31 and April 30, unless the Tree Inspector finds the ash tree hazardous and recommends the tree be removed immediately; and
(e) For any tree removal by the city, the city shall not be responsible for restoration of the removal site, including, but not limited to, seeding or replacement of sod, trees, shrubs, flowers, underground irrigation or any other improvements not specifically mentioned herein, which may be damaged, destroyed or removed during the tree removal process.
(B) Failure to abate; cost billed to owner. If the owner shall fail to remove the nuisance(s) from the property described in the notice, the Tree Inspector may order the work to be done, and the cost of the work shall be billed against the owner.
(C) Responsibility for costs.
(1) Trees which are diseased pursuant to this subchapter located on city boulevards in public rights-of-way will be removed at a cost of 50% to the owner of the abutting property with the city assuming the remaining costs.
(2) All other materials pursuant to this subchapter are the responsibility of the owner of the abutting property.
(D) Special assessment. If the owner shall fail to pay the bill, as provided for in division (B) above, within 90 days, the Council may then assess the amount due, plus interest, plus costs against the property as a special assessment pursuant to state statutes.
(Prior Code, § 605.04) (Ord. 844, passed 05-20-2010; Ord. 871, passed 05-03-2012; Ord. 945, passed 05-29-2018)
Statutory reference:
Related provisions, see M.S. § 429.101