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inspections to the forester immediately after each inspection has been conducted. The forester, or the tree inspector(s),
<br />may send appropriate specimens or samples to the State Department of Agriculture for analysis, or take such other steps
<br />for diagnosis as may be recommended by the Department. In addition to the foregoing inspections, it shall be the duty of
<br />the tree inspector(s) to investigate all reported incidents of infestation by Dutch elm fungus, elm bark beetles, emerald ash
<br />borer or any other manifestations of shade tree diseases.
<br /> C. A property owner or contractor who becomes aware of any tree infestation within the City shall notify the City
<br />Forester within seven (7) days.
<br /> D. The City forester and tree inspector(s) shall have the right to enter upon all private premises within the City at any
<br />reasonable time for the purpose of carrying out the duties assigned to them under this subsection, including inspection,
<br />treatment, cutting, burning or removing of diseased shade trees.
<br /> Subd. 9 Notices to Property Owners.
<br /> A. After each inspection and investigation, whenever the forester or the tree inspector(s) has found with a reasonable
<br />certainty that a shade tree or any wood that harbors shade tree disease to such an extent that the same constitutes a threat
<br />of infestation of shade trees in proximity thereto, the tree inspector(s) shall mark the diseased shade trees or wood or both,
<br />as the case may be, in a visible manner and notify each owner of real estate within the City whereon the diseased shade
<br />trees or wood, or both as the case may be, are located, which notice shall contain the inspection information with respect to
<br />the diseased shade trees upon the property and shall further advise that, in accordance with the provisions of this
<br />subsection, the owner is required to remove the trees or wood, or both, as the case may be, within (20) (amended 11/28/11)
<br />days for elm and ash trees and (30) days for oak trees and other trees species from the date of the letter being sent to the
<br />property owner. The notices shall be sent by certified mail with return receipt requested to the last known address of the
<br />owner. In the event that the certified mail is not delivered, mailing by ordinary mail to the address shall be deemed sufficient
<br />notice.
<br /> B. The notices to be sent under the provisions of this subdivision shall be sent to the occupant of premises upon which
<br />the diseased shade trees or wood, or both as the case may be, are located, if those premises are occupied, and also to the
<br />owner of the premises, if the owner has an address different from the subject premises and the address is disclosed by the
<br />records of the county department of property taxation. Reasonable inquiry by the forester or the tree inspector(s) shall be
<br />sufficient to meet this requirement, and telephone inquiry of the office of the county department of property taxation shall be
<br />deemed reasonable inquiry for the purpose of ascertaining the addresses. If the subject premises are unoccupied, then
<br />mailing to the address of the owner as shown by the records of the county department of property taxation shall be deemed
<br />sufficient.
<br /> C. No person shall allow, permit the spread of, or fail to abate a public nuisance as defined in this code. Such
<br />nuisances shall be abated in the manner prescribed in this code.
<br /> Subd. 10 Removal of Diseased Shade Trees.
<br /> A. An owner of real estate in the City who is notified of the existence on his or her property of shade trees or wood
<br />therefrom, or both as the case may be, harboring shade tree disease shall within the time specified in the written notice cut
<br />down or have cut down each of the diseased trees, remove or have removed all parts, branches and brush there from, and
<br />transport or have transported all the parts, branches and brush from the diseased trees and any diseased wood from the
<br />premises to an authorized disposal or chipping site. With respect to the transportation of wood from diseased elms or ash
<br />trees, it shall be unlawful for any person to transport within the City any bark bearing elm or ash wood.
<br /> B. The City Forester shall enforce the treatment of nuisance by requiring the performance of one or more of the
<br />following disease control methods listed in subsection C in order to destroy and prevent the spread of epidemic diseased of
<br />shade trees, including, but not limited to, Dutch elm disease, emerald ash borer, or oak wilt disease. Such abatement may
<br />be designated by the Minnesota Commissioner of Agriculture or the University of Minnesota.
<br /> C. The following abatement procedures are recommended by the City of Arden Hills:
<br /> 1. Root graft barrier installation at least 60 inches in the soil to isolate the diseased trees;
<br /> 2. Removal of trees;
<br /> 3. Stump grinding;
<br /> 4. Burning, chipping, debarking or properly covering and sealing the potentially hazardous wood and/or stumps.
<br /> D. To prevent root graft transmission of tree related diseases, a barrier must be created between diseased and healthy
<br />trees, either by cutting the root system with a 54-inch blade or longer by using a vibratory cable plow, or by digging a trench
<br />to a minimum depth of 60 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 Commissioner of Agriculture.
<br /> E. In addition the owner may poison or have poisoned the stumps of trees diseased with oak wilt and shall debark or
<br />have debarked to the ground line the stumps of trees diseased with Dutch elm disease or emerald ash borer in such manner
<br />as may be approved by the forester.
<br /> Subd. 11 Abatement by City. In the event the owner fails or refuses to abate the nuisances as so required, then the
<br />forester shall upon orders from the Council, abate the nuisance by cutting down diseased shade trees and removing all
<br />parts, branches and brush thereof, together with any diseased wood of any diseased shade trees located on the premises,
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