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0189
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0189
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3/30/2006 10:53:14 AM
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7/6/2005 9:03:40 AM
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<br /> Ill~, ,-- <br />~ ~ ~ <br /> ) ., ' .... - <br /> I <br /> I <br /> I <br /> <br />He shall investigate all reported incidents of infestation by <br />Dutch elm fungus or elm bark beetle.s. <br /> <br />Sudb. 2. Entry on Private Premises. The forester or his <br />duly authorized agents may enter upon private pre.mises at any <br />reasonable time for the purpose of carrying out of the. duties <br />assigned to him under this ordimnce. <br /> <br />i <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />Sub. 3. Diagnosis. The. forester shall, upon finding con- I <br />ditio~s indicating Dutch elm infestation, immediately send appro- II <br />priata. specimens or samples to the commissioner of agriculture <br />for analysis, or take such other steps for disgnasis as may be I <br />recommended by the cemmissioner. Except as provided in Sections . <br />8 and 9 no action to remove infected trees or woad shall be taken I <br />until positive diagnosis of the. disease has bean made.. I <br />Section 7.. Abatliilment of Dutch Elm Disease Nui&snees.. I <br />Subdivision 1. In abating the nuisances define.d in Section 4 , I <br />the forester shall cause the infected tree or wood to be sprayed'J <br />removed, burned, or otherwise effectively treated so as to destroy! <br />and prevent as fully as possible the spread of Dutch elm disease I <br />fungus and elm bark bettles.. Such abate.me.J;\.t procedures shall . <br />be carried out in accordance with current te.chnical and e:xpert <br />opinions and plans as may be designated by the. commissioner of <br />agriculture. I <br /> <br />Section 8. Procedure for Removslof Infected Trees and WOOd1 <br />Subdivision 1. Whe.never the. forester finds with reasonable <br />c.e.rtainty that the infestation defined in Section 5 exists in <br />any tree or wood within a public way or boulevard in the village, I <br />he shall proceed as follows: I <br /> <br />A. If the forester finds that the danger of infestatien of <br />other elm trees is not izmninent because of elm dormancy, he shall <br />ms.ke. a written report of his findings to the couneil which ,shall I <br />prtl>cead by (1) abating the nuisance as a public improvement I <br />llruiar Minnesota Statutes, Chapter 429 or (2) abating the nuisance I <br />as provided in Subdivision 2 of this section. I <br />I <br /> <br />B.. If the forester finds that danger of infestatiGnof I <br />othe.r elm tre.es is imminent, he shall notify the abutting propert~ <br />own.er by certified mail that the nuisance will be. abated with.in : <br />a specified time, not less than five days frli>m the date of mail- I <br />iag af such notice. The foraster shall immediately repDrt such I <br />action to the council, and after the expiration of the time i <br />limite.cl by the notice he may abate the nuisance.. I <br />. , <br />I <br />Subd. 2. Upon receipt of the foresterts report required by I <br />Subdivision 1, Part A, the council shall by resol.ltion order i <br />the nusiance abated. Before action is taken on such resolution, I <br />the council shall publish notice of its intention to its intentio~ <br />to meet to consider taking action to abate the nuisance.. This I <br />notice shall be mailed to affected property owners and published I <br />once no less than one week prior to such meeting. The notice i <br />shall state the time and place of the meeting, the streets affect <br />ed, action proposed, the estimated cost of the abateme.nt, and the. <br />proposed basis of assessment, if any, of costs. .At such hearing I <br />or adjournment thereof, the council shall hear property Dwners i <br />with references to the scope and desirability of the propt>sed j <br />project. The council shall thereafter adopt a resolution confirm <br />ing the original.resolution with such modifications as it conside s <br />desirable and prnvide for the doing of the work by day labor or <br />by contract. <br />I <br />! <br />
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