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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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General
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Ordinance 2009-09
General - Type
Ordinance
Date
7/8/2009
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<br />D. To prevent root graft transmission of tree related diseases, a barrier must be <br />created between diseased and healthy trees, either by cutting the root system with <br />a 54-inch blade or longer by using a vibratory cable plow, or by digging a trench <br />to a minimum depth of 60 inches in the soil surrounding the diseased trees. Such <br />abatement procedures will be carried out in accordance with current technical and <br />expert opinions and plans as designated by the State Commissioner of <br />Agriculture. <br /> <br />E. In addition the owner may poison or have poisoned the stumps of trees <br />diseased with oak wilt and shall debark or have debarked to the ground line the <br />stumps of trees diseased with Dutch elm disease or emerald ash borer in such <br />manner as may be approved by the forester. <br /> <br />Subd. 11 Abatement by City. In the event the owner fails or refuses to abate the <br />nuisances as so required, then the forester shall upon orders from the Council, abate the <br />nuisance by cutting down diseased shade trees and removing all parts, branches and brush <br />thereof, together with any diseased wood of any diseased shade trees located on the <br />premises, from the premises to an authorized disposal or chipping site. The cost of the <br />City's abating the nuisance shall be billed to the owner or occupant of the premises upon <br />which the nuisances existed. <br /> <br />Subd. 12 Assessment for Nuisance Abatement. If the owner or occupant fails to pay the <br />bill, as provided for in Subd. 9, within thirty (30) days of the date thereof, the Council <br />may then assess the amount due, plus interest, against the property as a special <br />assessment under M.S. Ch. 429.10, as amended from time to time, installments of which <br />assessment shall in no event be payable over a period exceeding five (5) years from the <br />date the same have been levied. On or before October 1 of each year, the city <br />administrator shall list the total unpaid charges for each such abatement against each <br />separate lot or parcel to which the same is attributable. Thereafter, the charges may then <br />be spread by the Council as a special assessment against the property benefited by the <br />abatement, and the assessment certified to the county as provided by law. <br /> <br />Subd. 13 Request for Laboratory Testing. Any owner of real estate in the City who <br />receives a notice as provided in Subd. 7 to the effect that shade trees or wood, or both as <br />the case may be, on his or her property harbor shade tree disease and must be removed <br />within the time specified in the notice, may request the fores~er to obtain a laboratory test <br />of one or more of the trees. The request must be made no later than the date on which the <br />trees or diseased wood are to be removed from the premises, as specified in the written <br />notice from the City to the owner as provided herein, by written notice from the owner to <br />the forester sent by certified mail with return receipt requested. Upon receipt of the <br />request, the forester shall promptly engage the services of the State Department of <br />Agriculture or a qualified laboratory to make analyses of appropriate specimens or <br />samples of the allegedly diseased shade trees. If the analyses confirm the original <br />diagnosis that the shade trees are infected or the wood thereof diseased, or both <br />whichever the case may be, the requesting owner shall pay all expenses and charges <br />incurred for the analyses by the City. If the test discloses that the trees or wood are not so <br />diseased, the City shall bear all the costs and the forester shall remove the trees or wood <br />from the list of diseased trees. If the test confirms the original diagnosis that the trees or <br />7-7 <br />Adopted December 17, 2001 <br />
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