(A) Choice of actions. Whenever the City Forester finds with reasonable certainty a diseased tree or wood that is a public nuisance, the City Forester shall proceed as follows:
(1) If the danger of infesting other trees is not imminent because of dormancy, the City Forester shall make a written report of the finding to the Council which shall proceed by abating the nuisance as a public improvement under M.S. Chapter 429, as it may be amended from time to time; or
(2) Abate the nuisance as provided in division (C) below.
(B) Imminent danger. If the City Forester finds that danger of infestation of other trees is imminent, the City Forester shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than 5 days from the date of mailing of the notice. The City Forester shall immediately report the action to the Council and, after the expiration of the time limited by the notice, the City Forester may abate the nuisance.
(C) Abatement order and notice.
(1) Upon receipt of the City Forester's report required by division (A)(1) above, the Council shall order the nuisance abated by resolution. Before action is taken on the resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance.
(2) This notice shall be mailed to affected property owners and published once, no less than 1 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.
(3) At the hearing, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall adopt a resolution confirming the original resolution with modifications it considers desirable and provide for the work by day labor or by contract.
(D) Costs and assessments.
(1) The City Forester shall keep a record of the costs of abatements done under this section and shall report monthly to the City Administrator all work for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each.
(2) On or before September 1 of each year, the City Administrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this code. The Council may then spread the charges of any portion thereof against the property involved as 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.
(1987 Code, § 602.12)