4F, Amendment to Section 710 of the City Code

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D. To prevent root graft transmission of tree related diseases, a barrier must be created between diseased and healthy trees, either by cutting the root system 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 diseased trees. Such abatement procedures will be carried out in accordance with current technical and expert opinions and plans as designated by the 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 trees diseased with Dutch elm disease or emerald ash borer 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 the 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 M.S. Ch. 429.10, as amended from time to time, installments 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 owner of real estate in the City who receives a notice as provided in 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 and must be removed within the time, specified in the notice, may request the fores~er to obtain a laboratory test of one or more of the trees. The request must be made no later than the date on which the trees or diseased wood 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 certified mail with return receipt requested. Upon receipt of the request, the forester shall promptly engage the services of the State Department of Agriculture or a qualified laboratory to make analyses of appropriate specimens or samples of the allegedly diseased shade trees. If the analyses confirm the original diagnosis that the shade trees are infected or the wood thereof diseased, or both whichever the case may be, the requesting owner shall pay all expenses and charges incurred for the analyses by the City. If the test discloses that the trees or wood are not so diseased, the City shall bear all the costs and the forester shall remove the trees or wood from the list of diseased trees. If the test confirms the original diagnosis that the trees or 7-7 Adopted December 17, 2001