(A) Action by city. Whenever the city finds with reasonable certainty that the infestation defined in § 96.03 exists in any tree or wood in any public or private in the city, it shall proceed as follows:
(1) If the the city finds that the danger of infestation of other elm, oak or other trees is not imminent because of the dormancy of the infected trees, it shall make a written report of its finding to the Council which shall proceed by:
(a) Abating the nuisance as a public improvement under M.S. Chapter 429, as it may be amended from time to time; or
(b) Abating the nuisance as provided in division (A)(2) below.
(2) If the finds that danger of infestation of other elm, oak or other trees is imminent, it 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 city shall immediately report such action to the Council and, after the expiration of the time limit in the notice, it may abate the nuisance.
(B) Action by the Council. Upon receipt of the city’s report required by division (A)(2) 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. This 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. As 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 for the doing of the work by day labor or by contract.
(C) Record. The city shall keep a record of the costs of abatements done under this section and shall report monthly to the City Administrator-Treasurer (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.
(D) Assessment. On or before September 1 of each year, the City Administrator-Treasurer shall list the total unpaid charges for each abatement against each separate lot or parcel to which they attributable under this chapter. The Council may then spread the charges or any portion thereof against the property involved 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.
(2009 Code, § 802.07)