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Last modified
4/19/2010 1:51:26 PM
Creation date
7/15/2009 2:42:15 PM
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Ordinance 2009-09
General - Type
Ordinance
Date
7/8/2009
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<br />Subd. 8 Inspection by Certified Tree Inspector. <br /> <br />A. The forester shall engage one or more persons, each of whom shall have been <br />. issued a certificate from the Minnesota Department of Agriculture pursuant to <br />M.S. ~ 89.63, as amended from time to time, certifying that he or she is a <br />qualified or certified tree inspector, for the purposes of inspecting any public or <br />private properties, upon prior notification, to detect shade trees harboring shade <br />tree diseases, which inspector(s) shall act as the duly authorized agent(s) of the <br />forester. Nothing herein shall preclude the forester from being certified by the <br />State Department of Agriculture as a qualified tree inspector and acting as such on <br />behalf of the City. <br /> <br />B. The tree inspector(s) shall inspect all premises and places, both public and <br />private, within the City as often as is practicable to detect and mark the location of <br />all shade trees infected with shade tree diseases and report the results of the <br />inspections to the forester immediately after each inspection has been conducted. <br />The forester, or the tree inspector(s), may send appropriate specimens or samples <br />to the State Department of Agriculture for analysis, or take such other steps for <br />diagnosis as may be recommended by the Department. In addition to the <br />foregoing inspections, it shall be the duty of the tree inspector(s) to investigate all <br />reported incidents of infestation by Dutch elm fungus, elm bark beetles, emerald <br />ash borer or any other manifestations of shade tree diseases. <br /> <br />C. A property owner or contractor who becomes aware of any tree infestation <br />within the City shall notify the City Forester within seven (7) days. <br /> <br />D. The City forester and tree inspector(s) shall have the right to enter upon all <br />private premises within the City at any reasonable time for the purpose of <br />carrying out the duties assigned to them under this subsection, including <br />inspection, treatment, cutting, burning or removing of diseased shade trees. <br /> <br />Subd. 9 Notices to Property Owners. <br /> <br />A. After each inspection and investigation, whenever the forester or the tree <br />inspector(s) has found with a reasonable certainty that a shade tree or any wood <br />that harbors shade tree disease to such an extent that the same constitutes a threat <br />of infestation of shade trees in proximity thereto, the tree inspector( s) shall mark <br />the diseased shade trees or wood or both as the case may be in a visible manner <br />and notify each owner of real estate within the City whereon the diseased shade <br />trees or wood, or both as the case may be, are located, which notice shall contain <br />the inspection information with respect to diseased shade trees upon the property <br />and shall further advise that, in accordance with the provisions of this subsection, <br />the owner is required to remove the trees or wood, or both as the case may be, <br />within (10) days for elm and ash trees and (30) days for oak trees and other trees <br />species from the date of the letter being sent to the property owner. The notices <br />shall be sent by certified mail with return receipt requested to the last known <br />address of the owner. In the event that the certified mail is not delivered, mailing <br />by ordinary mail to the address shall be deemed sufficient notice. <br /> <br />7-5 <br />Adopted December 17, 2001 <br />
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