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#186 Establish Shade Tree Disease Control
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#186 Establish Shade Tree Disease Control
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6/10/2008 5:39:03 PM
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<br /> , t <br /> <br /> <br /> <br /> <br /> <br /> such permits only when the purposes <br /> of this Ordinance will be served <br /> thereby. <br /> The owner shall in addition to <br /> cutting down and removinQ diseased shade <br /> trees or removing diseased wood there- <br /> from, or both as the case may be, poison <br /> the stumps ot trees diseased with oak <br /> wilt and shall debark to the qround line the stumps ot trees diseased with <br /> <br /> Dutch elm disease in such manner as may <br /> be approved by the Forester. <br /> Section 6. Abatement by City. Following the inspections <br /> or emergency investigations provided for in Section 4 hereof, and <br /> upon the Council's receipt and approval of the report of the Forester <br /> of his findings as a result of said inspectians or investigations, <br /> the Council shall by resolution order the nuisances abated, but <br /> such abatements shall be postponed until the time specified for each <br /> property owner to abate s.uch nuisances in notices thereto, as <br /> provided in the previous Section hereof, has expired without the <br /> owner havino abated such nuisances as provided in such notice. In <br /> the event the owner fails or refuses to aba#e the nuisances as so <br /> requirad, then the Forester shall abate the nuisances by cutting <br /> down diseased shade trees and removing all parts, branches and brush <br /> thereof, together with any diseased wood of any diseased shade trees <br /> located on the premises, from the premises to authorized disposal or <br /> chipping sites. The cost of the City's abating such nuisances in the <br /> aforesaid manner shall be billed to the owner. or occupant of p.remises <br /> upon which the nuisances existed and were aGated. <br /> Section 7. Assessment for Nuisance Abatement. If the <br /> owner, or occupant, shall fail to pay the bill, as provided for in <br /> the previous Section hereof, within thirty (30) days of the date <br /> thereof, the Council may then assess the amount due, plus interest, <br /> against the property as a special assessment under Chapter 429 of <br /> biinnesota Statutes, installments of which assessment snall in no <br /> event be payable over a period exceeding five'(5) years from the <br /> date the same have been levied. On ar before October I of each <br /> year, the Clerk-Administrator of the City shall list the total . <br /> unQaid charges for each such abatement against each separate lot <br /> or parcel to which the same is attributable. Thereafter, such <br /> charges may then be spread by the C-ouncil as a special assessment <br /> against the property berrefited by such abatement, and said <br /> assessment certified to the County Directar of Property laxation <br /> as provided by law. <br /> Section 8 Request of Property Qwner for Laboratory <br /> Testing. Any owner of real estate in the City who receives a <br /> notice as provided herein to the effect that shade trees or wood, <br /> or both as the case may be, on his property harbor shade tree disease <br /> and must be removed within the time specified in such notice, may <br /> request the Forester to obtai n a I aboratory test of one or more <br /> of such trees.. Such request must be made no iater than the date <br /> on which such trees or diseased wood are to be romoved from tlie <br /> premisles, as specified in the written notice from tho City to;the <br /> owner as provided herein, by written notice from the owner to the <br /> Forester sent by certified mail wTth return receipt requested. Upon <br /> receipt of such request, the Forester shall promptly engage the <br /> services of the htinnesota Department of Agriculture or a qualified <br /> laboratory to make analyses of appropriate specimens or samples <br /> of the allegedly diseased shade trees. If such analyses confirm <br /> the original diagnoses #hat said shade trees are infected or the <br /> - 4 - <br /> <br /> . <br /> _ ..,a <br />
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