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from the premises to an authorized disposal or chipping site. The cost of the City's abating the nuisance shall be billed to
<br />the owner or occupant of the premises upon which the nuisances existed.
<br /> Subd. 12 Assessment for Nuisance Abatement. If the owner or occupant fails to pay the bill, as provided for in Subd. 9,
<br />within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, against the property
<br />as a special assessment under M.S. Ch. 429.101 (amended 11/28/11), as amended from time to time, installments of which
<br />assessment shall in no event be payable over a period exceeding five (5) years from the date the same have been levied.
<br />On or before October 1 of each year, the city administrator shall list the total unpaid charges for each such abatement
<br />against each separate lot or parcel to which the same is attributable. Thereafter, the charges may then be spread by the
<br />Council as a special assessment against the property benefited by the abatement, and the assessment certified to the
<br />county as provided by law.
<br /> Subd. 13 Request for Laboratory Testing. Any owner of real estate in the City who receives a notice as provided in
<br />Subd. 7 to the effect that shade trees or wood, or both as the case may be, on his or her property harbor shade tree disease
<br />and must be removed within the time specified in the notice, may request the forester to obtain a laboratory test of one or
<br />more of the trees. The request must be made no later than the date on which the trees or diseased wood are to be
<br />removed from the premises, as specified in the written notice from the City to the owner as provided herein, by written notice
<br />from the owner to the forester sent by certified mail with return receipt requested. Upon receipt of the request, the forester
<br />shall promptly engage the 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 the original diagnosis that
<br />the shade trees are infected or the wood thereof diseased, or both whichever the case may be, the requesting owner shall
<br />pay all expenses and charges incurred for the analyses by the City. If the test discloses that the trees or wood are not so
<br />diseased, the City shall bear all the costs and the forester shall remove the trees or wood from the list of diseased trees. If
<br />the test confirms the original diagnosis that the trees or wood or both as the case may be, are diseased, notice thereof shall
<br />be sent the owner by the forester, and the owner shall remove the diseased trees or wood or both as the case may be,
<br />within one week after receipt of the notice.
<br /> Subd. 14 Spraying or Treatment of Shade Trees.
<br /> A. Whenever the forester determines that any shade tree or shade tree wood within the City is infected with shade tree
<br />disease, he or she may spray or treat all nearby high value shade trees by such chemical or mechanical means as will be
<br />effective to prevent as fully as possible the spread of shade tree disease thereto. The forester may also cause the diseased
<br />shade trees or wood to be sprayed or treated by chemical or mechanical means so as likewise to control the possible spread
<br />of shade tree disease to neighboring, high value shade trees. Such procedure shall be carried out in accordance with
<br />current technical and expert opinions and plans of the State Department of Agriculture and under the supervision of the
<br />Department whenever possible.
<br /> B. As determined necessary by the City Forester, the City may utilize chemical means of treatment. If chemical
<br />treatments are deemed necessary, the cost for this service shall be borne by the City. The costs of the mechanical means of
<br />treatment shall be borne by the owner or occupant of the premises, the shade trees upon which have been mechanically
<br />treated by the City. The owner or occupant of the premises shall be billed the costs of the mechanical treatment, and in the
<br />event of nonpayment of the bill within thirty (30) days of the date thereof, the Council may then assess the amount due, plus
<br />interest, in the manner provided in Subd. 10.
<br /> C. The forester shall notify, in the manner provided in Subd. 9, each owner or occupant of real estate within the City of
<br />the date after which shade trees on his or her property shall be mechanically treated, which date shall not be less than five
<br />(5) days from the date of mailing the notice.
<br /> Subd 15. Transportation of Epidemic Diseased Wood. It is unlawful for any person to transport within the City any
<br />diseased wood that is determined to be hazardous, as described in Subd. 6.
<br /> Subd 16. Public Tree Care. The City has the right to plant, prune, maintain, remove or perform any other arboricultural
<br />practices as necessary on all public property including the street right-of-way to ensure public safety and to preserve or
<br />enhance the symmetry and beauty of such public grounds.
<br /> Subd 17. Abuse or Mutilation of Public Trees. Unless specifically authorized by the City Forester, no person shall
<br />intentionally damage, cut, carve, transplant, remove any tree, attach any rope, wire, nails, advertising poster, or other
<br />contrivance to any tree, allow any gaseous liquid or solid substance which is harmful to come in contact with any tree, or set
<br />fire or permit any fire to burn when the heat could injure any portion of any tree, or top a tree by severely cutting back the
<br />tree canopy to a stub.
<br /> Subd 18. Violation of Penalty. Any person, firm or cooperation who violates any section of this chapter shall be guilty of a
<br />misdemeanor and, upon conviction, thereof, shall be subject to a misdemeanor penalty as then by defined by Minnesota
<br />law. Additionally, the City may exercise any civil remedy available under Minnesota law for the enforcement of this code
<br />including civil action, mandamus, injunctive relief, declaratory action, or the levying of assessments.
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