§ 32-26. Procedures for removal of infected trees and wood.

(a)

Tree inspector's investigation, notice, and reports. Whenever the tree inspector finds with reasonable certainty that the infestation exists in any tree or wood in any public or private place in the city, he shall proceed as follows:

(1)

If the tree inspector finds that the danger of infestation of other trees is not imminent, he shall make a written report of his finding to the city council which shall proceed by:

a.

Abating the nuisance as a public improvement; or

b.

Abating the nuisance as provided in subsections (b) and (c) of this section.

(2)

If the tree inspector finds that the danger of infestation of other 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 five days from the date of mailing of such notice. The tree inspector shall immediately report such action to the city council, and after the expiration of the time limited by the notice he may abate the nuisance.

(b)

City council action.

(1)

Upon receipt of the tree inspector's report required by this subsection, the city council shall by resolution order the nuisance abated. Before action is taken on such resolution, the city 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 streets affected, the action proposed, the estimated cost of the abatement, and the proposed bases of assessment, if any, of costs.

(2)

At such hearing or adjournment thereof, the city council shall hear property owners with reference to the scope and desirability of the proposed project.

(3)

The city council shall thereafter adopt a resolution nullifying or confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract.

(c)

Tree inspector's records. The tree inspector shall keep a record of the costs of abatements done under this subsection for which assessments are to be made, stating and certifying the description of the land, lots, or parcels involved, and the amount chargeable to each.

(d)

On or before October 15 of each year the clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this subsection. The city council may then assess and spread the charges or any portion thereof against the property involved as a special assessment, pursuant to the law for certification to the county auditor and collection the following year along with current taxes.

(Code 1999, § 3.6.7)

State law reference

Special assessments to collect certain unpaid charges, Minn. Stat. § 429.101.