08-10-2022 Council Packet - Laserfiche WebLink

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1701-2 (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 controlled by him within the City of Little Canada. Such nuisances may be abated in the manner prescribed by this Ordinance. 1701.050. INSPECTION AND INVESTIGATION. (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 1701.040 of this Ordinance exists thereon. He shall investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles. (2) Entry on Private Premises. The Tree Inspector or his duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this Ordinance. (3) Diagnosis. The Tree Inspector shall, upon finding conditions indicating Dutch elm infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in Section 1701.070, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. 1701.060. ABATEMENT OF DUTCH ELM DISEASE NUISANCES. (1) In abating the nuisances defined in Section 1701.040, 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 of 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 Commissioner of Agriculture. 1701.070. PROCEDURE FOR REMOVAL OF INFECTED TREES AND WOOD. (1) Whenever the Tree Inspector finds with reasonable certainty that the infestation defined in Section 1701.040 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 this finding to the Council which shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes Chapter 429, or (2) abating the nuisance as provided in subdivision 2 of this Section. (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