2005-02-28 P & Z Agenda - Laserfiche WebLink

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1" , Effective: 6/11174 City of Centerville Ord. 117 B. Any dead elm tree or part thereof, including legs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide. Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as defined in subdivision 1 to remain on any premises owned or.sontrolled by him within the City of Centerville. Such nuisances may be abated in the manner prescn"bed by this ordinance. 5-605. Inspection and Investigation. Subd. 1. Annual Inspection. The tree inspector shall inspect all premises and places within the city as often as practicable to determine whether any condition described in Section 5 of the ordinance exists thereoIL He shall investigate all reported incidents of infestation of Dutch Elm fungus or elm bark beetles. Subd. 2. Entry on Private Premises. The tree inspector or his duly authorized agents may enter any place other than private home at any reasonable time for the purpose of carrying out any of the duties assigned him under this ordinance. Subd. 3. Diagnosis. The tree inspector shall, upon finding conditions indicating Dutch Elm infestation, immediately sent appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be reconnnended by the Commissioner. Except as provided in Section 8 no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. 5-606. Abatement of Dutch Elm Disease Nuisances. Subd. 1. In abating the nuisances defined in Section 5, the tree inspector shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread to Dutch Elm Disease fungus and elm bark beetles. Such abatement procedures shall be carried out, in accordance with current technical and expert opinions and plans as may be designated by the Commission of Agriculture. 5-607. Procedure for Removal of Infected Trees and Wood. Subd. 1. Whenever the tree inspector finds with reasonable certainty that the infestation defined in Section 5 exists in any tree or wood in any public or private place in the City, he shall proceed as follows: A. If the tree inspector finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make a written report of his finding to the Council which shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes Ch. 429 or (2) abating the nuisance as provided in Subd. 2 of this SectioIL .B. If the tree inspector finds that danger of infestation of other elm trees is imminent, he shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than 5 days from the date Page:1l of 4