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C. Any dead or dying ash tree, or part thereof, including logs, branches, stumps, <br />firewood, or other ash material, to which the bark is still attached that may serve as a <br />breeding place for emerald ash borer. (Added, Ord. 871, 5-3-12) <br />Other trees with non-native invasive pests, epidemic disease, or other factors <br />which are potentially contributory to the spread of such pests and disease. <br />Amended, Ord. 871, 5-3-12) <br />Subd. 2. Nuisance Declared Unlawful: It is unlawful for any person to permit public <br />nuisances, as herein defined, to remain on any premises owned or controlled by that <br />person within the City. (1988 Code §92.03) <br />605.02: ABATEMENT PROCEDURES; ASSESSMENT OF COSTS: <br />Subd. 1. Notice to Abate: Whenever the tree inspector finds that nuisances, as defined in <br />Section 605.03 of this Chapter, exist on any public or private property in the City, they <br />shall notify the property owner on which such nuisances are located, by personal <br />service or by mail, that the nuisances must be abated within the specified time below. <br />If mailed notice or personal service cannot be achieved, then notice may be obtained <br />by publishing same in the legal newspaper not less than five (5) days prior to the date <br />that the nuisance must be abated pursuant to the notice. (Amended, Ord. 844, 5-20- <br />10, 871, 5-3-12) <br />a Not less than ten (10) days from the date of service or from the date of mailing of <br />such notice for dead or diseased elms. (Added, Ord. 871, 5-3-12) <br />b. Before the date indicated in the notice for red oaks infected with oak wilt disease. <br />Added, Ord. 871, 5-3-12) <br />C. Before the date indicated in the notice, but no later than April 15 of the following <br />year, for dead or infested ash trees. The tree inspector may order the immediate <br />removal of dead or infested ash trees if said removal will eliminate the likelihood of an <br />imminent threat of spread to other ash trees from late May to early August. <br />Added, Ord. 871, 5-3-12) <br />d. Ash Tree removal to occur between October 31 and April 30, unless the tree <br />inspector finds the ash tree hazardous and recommends the tree be removed <br />immediately. <br />e. For any tree removal by the City, the City shall not be responsible for restoration <br />of the removal site including but not limited to, seeding or replacement of sod, <br />trees, shrubs, flowers, underground irrigation, or any other improvements not <br />specifically mentioned herein which may be damaged, destroyed or removed <br />during the tree removal process.