(A) Whenever the Tree Inspector finds, with reasonable certainty, that the infection, or danger of infection, exists in any tree, or wood, on any public, or private, property, he or she shall proceed as follows:
(1) If the Tree Inspector finds that the danger of infection of other trees is not imminent because of dormancy of shade tree disease, he or she shall make a written report of his or her findings 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 (B) below.
(2) If the Tree Inspector finds that danger of infection of other trees is imminent, he or she shall notify the owner of the property, or the abutting property, as the case may be, by certified mail that the nuisance will be abated within a specified time, not less than five days from the date of mailing of the notice. The Tree Inspector shall immediately report the action to the Council, after the expiration of the time limited by the notice he or she may abate the nuisance; and
(3) If the Tree Inspector finds, with reasonable certainty, that immediate action is required to prevent the spread of shade tree disease, he or she may proceed to abate the nuisance forthwith. He or she shall report the action immediately to the Council, and to the abutting property owner, or to the owner of the property where the nuisance is located.
(B) Upon receipt of the Tree Inspector’s report required by division (A)(1) above, the Council shall, by resolution, order the nuisance abated. 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. 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. At the 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 the modifications as it considers desirable, and provide for the doing of the work by day labor or by contract.
(C) The Tree Inspector shall keep a record of the costs of abatements done under this section, and shall report monthly to the City Clerk-Treasurer 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) On, or before, September 1 of each year the City Clerk-Treasurer shall list the total unpaid charges for each abatement against each separate lot, or parcel, to which they are attributable under this section. The Council may then spread the charges, or 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.
(E) No damage shall be awarded the owner for destruction of any tree, wood, or part thereof pursuant to this section.
(Prior Code, § 10.50)