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CCP 08-28-2006
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CCP 08-28-2006
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<br />. <br /> <br />. <br /> <br />. <br /> <br />4. <br /> <br />Burning, chipping, debarking or properly covenng and scaling the <br />potcntially 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 cUlling the root system with <br />a 54-inch blade or longcr 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 <br />abatement procedures will be carried out in accordance with current technical and <br />expert opinions and plans as designated by the State Commissioner of <br />Agriculture. <br /> <br />E. In addition the owner may poison or have poisoned the stumps of trees diseased <br />with oak wilt and shall debark or have debarked to the ground line the stumps of <br />trees diseased with Dutch elm disease in such manner as may be approved by the <br />forester. <br /> <br />Subd. I I Abatement by City. In the event the owner fails or refuses to abate the nuisances as so <br />requircd, then the forester shall upon orders from the Council, abate the nuisance by cutting <br />down diseased shade trees and removing all parts, branches and brush thcreof, together with allY <br />diseased wood of any diseased shade trees located on the premises, from thc premises to an <br />authorized disposal or chipping site. The cost of the City's abating the nuisance shall bc billed to <br />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 bill, as <br />provided for in Subd. 9, within thirty (30) days of the date thercof, the Council may then assess <br />the amount due, plus interest, against the property as a special assessmcnt under M.S. eh. <br />429.101 ('12~'.10). as amended from time to time, installments of which assessment shall in no <br />event be payable over a period exceeding five (5) years from the date the same have been Icvied. <br />On or before October I of each year, the city administrator shall list the total unpaid charges for <br />each such abatement against each separate lot or parcel to which the same is attributable. <br />Thereafter, the charges may then be spread by the Council as a special asscssment against the <br />property benefited by the abatement, and the assessment certified to the county as provided by <br />law. <br /> <br />Subd. 13 Request for Laboratory Testing. Any owner of real cstate in the City who receives a <br />notice as provided in Subd. 7 to the effect that shade trees or wood, or both as the case may be, <br />on his or her property harbor shade tree disease and must be removed within the time specified in <br />the notice, may request the forester to obtain a laboratory test of one or more of the trces. The <br />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 <br />provided herein, by written notice from the owncr to the forester sent by certified mail with <br />return rcccipt requested. Upon receipt of the request, thc 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. Tfthe analyses confirm <br />the original diagnosis that the shade trees arc infected or the wood thereof diseased, or both <br />whichever the case may be, the requesting owncr shall pay all expenses and charges incUlTed for <br />
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