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98 (Prior Code, § 605.02) (Ord. 844, passed 05-20-2010; Ord. 871, passed 05-03-2012) Statutory reference: Related provisions, see M.S. § 18.022, subd. 9 § 153.003 NUISANCES DECLARED; ABATEMENT. (A) Nuisances declared. The following are hereby declared public nuisances whenever they may be found within the city: (1) Any living or standing elm tree, or part thereof, infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (buisman) moreau or which harbors any of the elm bark beetles Scolytus multistriatus (eichh.) or Hylurgo-pinus rufipes (marsh); (2) Anydead or dying elm tree, orpart thereof, includinglogs, branches, stumps, firewood or Y 9p , other elm material from which the bark has not been removed and burned or buried; (3) Any living or standing red oak tree, or part thereof, infected to any degree with the oak wilt fungus Ceratocystis fagacearum; (4) Any diseased wood from the red oak group which, by April 1 in any given year, has not been either debarked, burned, buried or split into quarter sections and completely enclosed with a covering (at least four-mil, if plastic) adequately thick and whole so as to isolate the wood until July 15 or later of the year immediately following the wilting of the tree from which the wood originated; (5) Any living or standing ash tree, or part thereof, infested to any degree with the emerald ash borer Agrilus planipennis by presence of: (a) Larval galleries and emerald ash borer larva or larvae; (b) Emerald ash borer adult beetles and "D"-shaped exit holes; and (c) Woodpecker holes and/or woodpecker activity. (6) Any dead or dying ash tree, or part thereof, including logs, branches, stumps, firewood, or other ash material, to which the bark is still attached that may serve as a breeding place for emerald ash borer; and (7) Other trees with non-native invasive pests, epidemic disease or other factors which are potentially contributory to the spread of such pests and disease. (B) Nuisance declared unlawful. It is unlawful for any person to permit public nuisances, as herein defined, to remain on any premises owned or controlled by that person within the city. (Prior Code, § 605.03) (Ord. 844, passed 05-20-2010; Ord. 871, passed 05-03-2012; Ord. 945, passed 05-29-2018) Penalty, see § 153.999 § 153.004 ABATEMENT PROCEDURES; ASSESSMENT OF COSTS. (A) Notice to abate. (1) Whenever the Tree Inspector finds that nuisances, as defined in § 153.003 of this chapter, exist on any public or private property in the city, they shall notify the property owner on which such nuisances are located, by personal service or by mail, that the nuisances must be abated within the specified time below. (2) If mailed notice or personal service cannot be achieved, then notice may be obtained by publishing same in the legal newspaper not less than five days prior to the date that the nuisance must be abated pursuant to the notice: