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<br />3 <br />198575v4 <br /> <br /> Subd. 7. Shade Tree Nuisances Prohibited. (amended 11/28/11) It is unlawful for any <br />person to permit the spread of a public nuisance as defined in this chapter across his or her <br />property lines in any specified control areas as established by the city. Such nuisances shall be <br />abated in a manner prescribed in this chapter. <br /> <br /> Subd. 8. Inspection by Certified Tree Inspector. <br /> <br /> A. The forester shall engage one or more persons, each of whom shall have been <br />issued a certificate from the Minnesota Department of Agriculture pursuant to M.S. § 89.63, as <br />amended from time to time, certifying that he or she is a qualified or certified tree inspector, for <br />the purposes of inspecting any public or private properties, upon prior notification, to detect <br />shade trees harboring shade tree diseases, which inspector(s) shall act as the duly authorized <br />agent(s) of the forester. Nothing herein shall preclude the forester from being certified by the <br />State Department of Agriculture as a qualified tree inspector and acting as such on behalf of the <br />City. <br /> <br /> B. The tree inspector(s) shall inspect all premises and places, both public and <br />private, within the City as often as is practicable to detect and mark the location of all shade trees <br />infected with shade tree diseases and report the results of the inspections to the forester <br />immediately after each inspection has been conducted. The forester, or the tree inspector(s), may <br />send appropriate specimens or samples to the State Department of Agriculture for analysis, or <br />take such other steps for diagnosis as may be recommended by the Department. In addition to <br />the foregoing inspections, it shall be the duty of the tree inspector(s) to investigate all reported <br />incidents of infestation by Dutch elm fungus, elm bark beetles, emerald ash borer or any other <br />manifestations of shade tree diseases. <br /> <br /> C. A property owner or contractor who becomes aware of any tree infestation <br />within the City shall notify the City Forester within seven (7) days. <br /> <br /> D. The City forester and tree inspector(s) shall have the right to enter upon all <br />private premises within the City at any reasonable time for the purpose of carrying out the duties <br />assigned to them under this subsection, including inspection, treatment, cutting, burning or <br />removing of diseased shade trees. <br /> <br /> Subd. 9. Notices to Property Owners. <br /> <br /> A. After each inspection and investigation, whenever the forester or the tree <br />inspector(s) has found with a reasonable certainty that a shade tree or any wood that harbors <br />shade tree disease to such an extent that the same constitutes a threat of infestation of shade trees <br />in proximity thereto, the tree inspector(s) shall mark the diseased shade trees or wood or both, as <br />the case may be, in a visible manner and notify each owner of real estate within the City whereon <br />the diseased shade trees or wood, or both as the case may be, are located, which notice shall <br />contain the inspection information with respect to the diseased shade trees upon the property and <br />shall further advise that, in accordance with the provisions of this subsection, the owner is