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H. Abatement of Dutch Elm Disease: The City Horticulturist shall cause the infected <br />tree or wood to be removed or otherwise effectively treated so as to destroy and <br />prevent, as fully as possible, the spread of Dutch elm disease fungus and elm bark <br />beetles. Such abatement procedures shall be carried out in accordance with current <br />technical and expert opinions and plans as may be designed by the City <br />Horticulturist. (Ord. 1107, 12-9-91) <br />706.08: ORDER PROCEDU RE: <br />When the City Horticulturist determines that it is necessary to order the trimming, <br />treatment or removal of trees or plants as authorized in subsection 706.07, a written <br />order to correct the condition shall be served. <br />A. Notice Format: <br />Dutch elm disease/oak wilt disease (or other prohibited or dangerous trees, as <br />listed in the City tree plan) exist on these premises: (legal address) and all-trees <br />marked with a designated symbol must be removed by (date) . <br />BY ORDER OF THE CITY MANAGER <br />B. Removal Date: The date inserted in the notice in subsection 706.08A shall be <br />twenty two (22) days after the notice is mailed. <br />C. Appeal: A person receiving said notice may, within five (5) working days of the <br />postmark date of said notice, file an appeal with the City. The appeal will be heard by <br />the City Tree Board and forwarded to the City Council for action within twenty one <br />(21) calendar days following the appeal of said notice. <br />D. Summary Removal of Diseased Trees: In the event the trees covered in said <br />notice are not removed, destroyed and/or treated, as provided in subsections <br />706.08A through C, within ten (10) calendar days following the denial on an appeal <br />as set forth in subsection 706.08C, the City Manager, or an authorized City <br />employee, shall cause said trees to be summarily removed, destroyed and/or treated <br />and shall take any other action necessary to prevent the spread of the disease or <br />danger to the public. <br />E. Cost Responsibility: Any costs of inspecting, removing or treating trees, including <br />any legal expense, shall be itemized and mailed to the owner at the address shown in <br />the records of the County Auditor. In the event said itemized bill is not paid within <br />thirty (30) days, the amount of said costs, plus interest, shall be certified to the proper <br />County officials and collected with the next succeeding five (5) years real estate taxes <br />as provided for in Minnesota Statute sections 18.023 and 429.101. (Ord. 1107, 12-9- <br />91; amd. 1995 Code) <br />