§ 92.02  DISEASED TREES.
   (A)   Declared a public nuisance. Any tree, whether standing, cut, living or dead which is infested with Dutch Elm fungus, Ceratocystis Ulmi (Buisman) Mureau, is hereby declared to be a public nuisance and shall be abated as quickly as possible and in a manner hereinafter described so as to prevent the further infestation of other trees within the city.
   (B)   Inspection and investigation.
      (1)   The City Council shall appoint an authorized representative to make an annual inspection of all trees within the city for the purpose of determining the possibility of infestation. In the absence of such appointment, the duly appointed Weed Inspector shall act as this representative.
      (2)   The Inspector shall have the right to enter onto private property, in accordance with § 10.20 during the course of his or her work to make such inspections and no person shall prevent or obstruct access to such entrance when performed in a reasonable manner.
      (3)   Upon the finding of probable infestation or the suspicion of possible infestation, the Inspector shall send a sample of bark to the U of M Plant Disease Clinic, for a diagnosis. There shall be no action by the city to remove or destroy any tree until such diagnosis has been received.
   (C)   Notice and abatement of nuisance. Upon receipt of a diagnosis confirming the presence of the prohibited fungus, the City Administrator/Clerk/Treasurer shall notify the owner of the property as indicated on the current tax rolls. Such notice shall include the nature of the nuisance and an order to abate within 20 days after the date of the notice. The City Administrator/Clerk/Treasurer shall send such notice within five days after receipt of the diagnosis. If the owner defaults, the city shall abate the nuisance by removal of the tree and all costs incidental thereto shall be borne by the owner. Such costs shall become a lien on the property and may be collected as a special assessment.
   (D)   Minnesota statute incorporated. M.S. §§ 89.51 et seq., as it may be amended from time to time, is incorporated by reference into this section.
(1994 Code, § 10-2)  Penalty, see § 92.99