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10/16/23, 9:58 AM Print Preview https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_9_GENERAL_REGULATIONS 9/72 HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.08.120 Abatement Of Dutch Elm Disease And Oak Wilt Nuisances In abating the nuisances defined in LEC 9.08.100, 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 epidemic diseases, including Dutch elm disease or oak wilt disease. The forester shall also take steps that are necessary to prevent root graft transmission of the diseases. The 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. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.08.130 Action By Forester (a)Whenever the forester finds with reasonable certainty that the infestation defined in LEC 9.08.100 exists in any tree or wood in any public or private place in the city, the forester shall in writing notify the owner of the existence of a nuisance, which notice shall state that the owner has 60 days to abate the nuisance and avoid city action. A copy of the notice shall be transmitted to the city clerk for the information of the council. If within the 60-day period the property owner has not abated the nuisance, the forester shall report all the facts surrounding the unabated nuisance to the council. (b)(1)Abatement. Upon receipt of the forester's report required by this section, the council shall, by resolution, order the nuisance abated. Before action is taken on the 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 the meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At the hearing or adjournment of the hearing, the council shall hear property owners with reference to the scope and desirability of the proposed project. The council shall then adopt a resolution confirming the original resolution with modifications as it considers desirable and provide for the doing of the work by day labor or by contract. (2)Records. The forester shall keep a record of the costs of abatements done under LEC 9.08.070 et seq. and shall report monthly to the administrator all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved, and the amount chargeable to each. (3)Assessment. On or before September 1 of each year, the administrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The council may then spread the charges or any portion of the charges against the property involved as a special assessment under M.S.A. § 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.08.140 Spraying Elm Or Oak Trees