75-6.05 ORD (1973) - Laserfiche WebLink

Home Browse Search

Section 6. Abatement of Shade Tree Disease Nuisances.) Subd. 1. In abating the nuisances defined in Section 4, the forester 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 of Dutch elm and oak wilt diseases. Such abatement procedures shall be carried out in accordance 'With methods approved by the Commissioner of Agriculture. Section 7. Procedure for Removal of Infected Trees and Wood.) Subd. 1. Whenever the forester finds with reasonable certainty that the infe~tation defined in Section 4 exists in any tree or wood in any public or private place in the city, he shall proceed as follows: A. If the forester finds that the danger of infestation of other elm and oak trees is not imminent because of elm or oak 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 Statuves Chapter 429 or (2) abating the nuisance as provided in Subd. 2 of this Section. B. If the forester finds that the danger of infestation of other elm or oak 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 2 days from the date of Blailing of such notice. The forester shall immediately report such action to the council, and after the expiration of the time specified by the notice he may proceed to abate the nuisance. Subd. 2. Upon receipt of the forester's report required by Subd. 1, part A, the council shall b:t resolution order the nuisance abated. Before action is taken on such resolution, the council shall publish notice of its intention to meet ,to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than one week prior to such meeting. The notice shall state the time and place of the meeting, the property affected, action proposed, the est- imated cost of the abatement, and the proposed bases of assessment, if any, of costs. At such hearing or adjournment thereof, the council shall hear property owners with reference to the scope and desirability of the proposed project. The council shall thereafter adopt a resolution confirming the original resolution with such modifications as it consider desirable and provide for the doing of the work by day labor or by contract. Subd. 3. The forester shall keep a record of the costs of abate- ments done under this section and shall report monthly to the city clerk (or other appropriate officer) all work done for which assessments are to be made stating and certifying the description of the land, parcels involved and the amount chargeable to each. Subd. 4. On or before September 1 of each year the clerk shall list the total unpaid charges for each abatement against each aepara,1re ',lot or parcel to which they are attributable under this ordinance. The council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Sec. 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes. Section 8. Spraying Elm Trees.) Subd. 1. Whenever the forester determines that any elm tree or elm wood wi thin the city is infected with Dutch elm fungus, he may spray all nearby high value elm trees, with an effective elm bark beetle destroying concentrate. Spraying activities authorized by this Section shall be conduOt.fl~'in acoordance with. teohnioal and and expert opinions and plans of the Commissioner of Agrioulture ana. under the supervision of the Commissioner and his agents whenever possible. Subd. 2. The notioe proviSions of Section 7 apply to spraying operations conduoted under this Section. Section 9. Transporting Elm and Oak Wood Prohibited.) Subd. 1. It is unlawful for any person to transport within the city any bark-bearing elm or oak wood without having obtained a permit from the forester. The forester shall grant such permits in accordance with Approved Removal and Wood Disposal Practices as determined by the Commisssioner.