(A) Abatement. It is unlawful for any person to permit any public nuisance as herein defined to remain on any premises owned, leased, occupied, or controlled by him. Such nuisance may be abated in the manner prescribed by this section. ('69 Code, § 6.71, Subd. 4)
(B) Inspection and investigation.
(1) The City Forester, his agents or employees, shall inspect all premises and places within the city as often as practicable to determine whether any condition described herein exists thereon. They shall investigate and report incidents of infestation of Dutch Elm fungus or elm bark beetles to the Council.
(2) The City Forester, his agents or employees, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to them hereunder.
(3) The City Forester, his agents or employees, upon finding conditions indicating Dutch Elm infestation, immediately shall take and send appropriate specimens or samples to the Commissioner of Agriculture (Bureau of Plant Industry) State of Minnesota, for analysis, or take such other steps for diagnosis as may be recommended by the Commissioner of Agriculture. No action to remove infected trees nor wood shall be taken until positive diagnosis of the disease has been made.
(4) Within five days of receipt of the diagnosis, the owner, lessee, occupant or person in control of the property from which the specimen was obtained shall be notified of the result by registered mail.
('69 Code, § 6.71, Subd. 5)
(C) Abatement of Dutch Elm Disease nuisance. In abating the nuisances defined herein, the City Forester, his agents or employees, shall cause the infected tree or wood to be removed and burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of Dutch Elm disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with the current technical and expert methods and plans as may be designed by the Commissioner of Agriculture of the State of Minnesota. The city shall establish specifications for tree removal and disposal methods consistent therewith. ('69 Code, § 6.71, Subd. 6)
(D) Abatement of Dutch Elm nuisance on private property. Whenever the City Forester, his agents or employees, finds with reasonable certainty that a nuisance, as defined in § 95.22, and the nuisance is located on private property, outside any public way in the city, they shall notify by registered or certified mail, the owner, lessee, occupant or person in control of such property on which the nuisance is found, of the infestation and direct that the infestation shall be removed and burned, or otherwise effectively treated in an approved manner by such owner, lessee, occupant or person in control within ten days after receipt of such notice. The notice shall also state that if such nuisance shall not be abated by the owner, lessee, occupant or person in control within the time provided, the owner, lessee, occupant or person in control may be charged with a violation of this section for maintaining a nuisance and that the city by and through its Council may abate the nuisances and assess the costs against said property. If the owner, lessee, occupant or person in control of any private premises upon which such a tree is situated fails to have such a tree so removed and burned or otherwise effectively treated, within ten days after receipt of notification by mail the City Forester, his agents or employees, shall proceed to have such tree removed and burned or otherwise effectively treated, and any expense incurred by the city in so doing shall be a charge and lien upon the property and shall be collected as a special assessment in the same manner as other special assessments. ('69 Code, § 6.71, Subd. 7) (Ord. 481, eff. 9-13-71)