4F, Amendment to Section 710 of the City Code

Home Browse Search

Subd. 8 Inspection by Certified Tree Inspector. A. The forester shall engage one or more persons, each of whom shall have been . issued a certificate from the Minnesota Department of Agriculture pursuant to M.S. 9 89.63, as amended from time to time, certifying that he or she is a qualified or certified tree inspector, for the purposes of inspecting any public or private properties, upon prior notification, to detect shade trees harboring shade tree diseases, which inspector(s) shall act as the duly authorized agent(s) of the forester. Nothing herein shall preclude the forester from being certified by the State Department of Agriculture as a qualified tree inspector and acting as such on behalf of the City. B. The tree inspector(s) shall inspect all premises and places, both public and private, within the City as often as is practicable to detect and mark the location of all shade trees infected with shade tree diseases and report the results of the inspections to the forester immediately after each inspection has been conducted. The forester, or the tree inspector(s), may send appropriate specimens or samples to the State Department of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Department. In addition to the foregoing inspections, it shall be the duty of the tree inspector(s) to investigate all reported incidents of infestation by Dutch elm fungus, elm bark beetles, emerald ash borer or any other manifestations of shade tree diseases. C. A property owner or contractor who becomes aware of any tree infestation within the City shall notify the City Forester within seven (7) days. D. The City forester and tree inspector(s) shall have the right to enter upon all private premises within the City at any reasonable time for the purpose of carrying out the duties assigned to them under this subsection, including inspection, treatment, cutting, burning or removing of diseased shade trees. Subd. 9 Notices to Property Owners. A. After each inspection and investigation, whenever the forester or the tree inspector(s) has found with a reasonable certainty that a shade tree or any wood that harbors shade tree disease to such an extent that the same constitutes a threat of infestation of shade trees in proximity thereto, the tree inspector( s) shall mark the diseased shade trees or wood or both as the case may be in a visible manner and notify each owner of real estate within the City whereon the diseased shade trees or wood, or both as the case may be, are located, which notice shall contain the inspection information with respect to diseased shade trees upon the property and shall further advise that, in accordance with the provisions of this subsection, the owner is required to remove the trees or wood, or both as the case may be, within (10) 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 property owner. The notices shall be sent by certified mail with return receipt requested to the last known address of the owner. In the event that the certified mail is not delivered, mailing by ordinary mail to the address shall be deemed sufficient notice. 7-5 Adopted December 17, 2001