CCP 10-30-2006 - Laserfiche WebLink

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, . 4. Buming, chipping, debarking or properly eovering and sealing the potentially hazardous wood and/or stumps. D. To prevent root graft transmission of tree related diseases, a barrier must be creatcd betwecn diseased and healthy trees, either by cutting the root systcm with a 54-inch blade or longer by using a vibratory cable plow, or by digging a trench to a minimum depth of 60 inches in the soil surrounding the diseascd trees. Such abatement procedures will be carried out in accordance with currcnt technical and expert opmlons and plans as designated by thc State Commissioner of Agriculture. E. In addition the owner may poison or have poisoned the stumps of trees diseased with oak wilt and shall debark or have debarked to the ground line the stumps of trces diseased with Dutch elm diseasc in such manner as may be approved by the forester. Subd. 11 Abatement by City. In the event the owner fails or refuses to abate the nuisances as so required, then the forester shall upon orders from the Council, abate the nuisance by cutting down diseased shade trees and removing all parts, branches and brush thereof, together with any diseased wood of any diseased shade trees located on the premises, from the premises to an authorized disposal or chipping site. The cost of the City's abating the nuisance shall be billed to the owner or occupant of tbe premises upon which the nuisances existed. . Subd. 12 Assessment for Nuisance Abatement. If the owner or occupant fails to pay the bill, as provided for in Subd. 9. within thirty (30) days of the date thereof. the Council may then assess the amount due, plus interest. against the property as a special assessment under 1VI.S. Ch. 429.101 (429.10-).-as amended from time to time, inst~lIlments of which assessment shall in no event be payable over a period exceeding five (5) years from the date the same have been levied. On or before October 1 of each year, the city administrator shall list the total unpaid charges for each such abatement against each separate lot or parcel to which the same is attributable. Thereafter, the charges may then be spread by the Council as a special assessment against the property benefited by the abatement, and the assessment certified to the county as provided by law. Subd. 13 Request for Laboratory Testing. Any owncr of real estatc in the City who receives a notice as provided in Subd. 7 to thc effect that shade trees or wood, or both as the case may be, 011 his or her property harbor shade tree disease and must be rcmoved within the time specilicd in thc noticc, may requcst the forester to obtain a laboratory test of one or more of the trecs. The req ucst must be made no later than the datc on which the trees or diseased \-vood are to be removed from the premises, as specified in the written notice from the City to the owner as provided herein, by written notice from the owner to the forester sent by ccrtified mail with return reccipt requcsted. Upon receipt of the request, the forester shall promptly engage the services of the State Department of Agriculture or a qualified laboratory to makc analyses of appropriate specimens or samples of the allegedly discased shade trees. If thc analyscs confiml . the original diagnosis that the shade trees are infected or the wood thereof diseased, or both