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<br />5 <br />198575v4 <br /> 4. Burning, chipping, debarking or properly covering and sealing the <br />potentially hazardous wood and/or stumps. <br /> <br /> D. To prevent root graft transmission of tree related diseases, a barrier must be <br />created between diseased and healthy trees, either by cutting the root system with a 54-inch blade <br />or longer by using a vibratory cable plow, or by digging a trench to a minimum depth of 60 <br />inches in the soil surrounding the diseased trees. Such abatement procedures will be carried out <br />in accordance with current technical and expert opinions and plans as designated by the State <br />Commissioner of Agriculture. <br /> <br /> E. In addition the owner may poison or have poisoned the stumps of trees <br />diseased with oak wilt and shall debark or have debarked to the ground line the stumps of trees <br />diseased with Dutch elm disease or emerald ash borer in such manner as may be approved by the <br />forester. <br /> <br /> Subd. 11. Abatement by City. In the event the owner fails or refuses to abate the <br />nuisances as so required, then the forester shall upon orders from the Council, abate the nuisance <br />by cutting down diseased shade trees and removing all parts, branches and brush thereof, <br />together with any diseased wood of any diseased shade trees located on the premises, from the <br />premises to an authorized disposal or chipping site. The cost of the City's abating the nuisance <br />shall be billed to the owner or occupant of the premises upon which the nuisances existed. <br /> <br /> Subd. 12. Assessment for Nuisance Abatement. If the owner or occupant fails to pay the <br />bill, as provided for in Subd. 9, within thirty (30) days of the date thereof, the Council may then <br />assess the amount due, plus interest, against the property as a special assessment under M.S. Ch. <br />429.101 (amended 11/28/11), as amended from time to time, installments of which assessment <br />shall in no event be payable over a period exceeding five (5) years from the date the same have <br />been levied. On or before October 1 of each year, the city administrator shall list the total unpaid <br />charges for each such abatement against each separate lot or parcel to which the same is <br />attributable. Thereafter, the charges may then be spread by the Council as a special assessment <br />against the property benefited by the abatement, and the assessment certified to the county as <br />provided by law. <br /> <br /> Subd. 13. Request for Laboratory Testing. Any owner of real estate in the City who <br />receives a notice as provided in Subd. 7 to the effect that shade trees or wood, or both as the case <br />may be, on his or her property harbor shade tree disease and must be removed within the time <br />specified in the notice, may request the forester to obtain a laboratory test of one or more of the <br />trees. The request must be made no later than the date on which the trees or diseased wood are <br />to be removed from the premises, as specified in the written notice from the City to the owner as <br />provided herein, by written notice from the owner to the forester sent by certified mail with <br />return receipt requested. Upon receipt of the request, the forester shall promptly engage the <br />services of the State Department of Agriculture or a qualified laboratory to make analyses of <br />appropriate specimens or samples of the allegedly diseased shade trees. If the analyses confirm <br />the original diagnosis that the shade trees are infected or the wood thereof diseased, or both <br />whichever the case may be, the requesting owner shall pay all expenses and charges incurred for