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0827
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6. New Brighton City Code, Section 17-32 is amended as follows: <br />17-32. Diagnosis. <br />UpOn finding conditions that indicate a condition described in Section 17-28 exists, the Forester <br />sh 1 notify the property owner of the diagnosis of the diseases or infested tree(s). In special <br />circumstances where field diagnosis is not conclusive the Forester shall have the authority to <br />sub,nit appropriate specimens or samples to be analyzed by qualified plant pathologists or take <br />suother steps for diagnosis as may be appropriate or practical. (Code 1966; Ord. No. 285, 7- <br />20 1; Code of 1988; Code of 2001) <br />Se�jion 7. New Brighton City Code, Section 17-33 is amended as follows: <br />17-33. Nuisance Abated. <br />In Wating, a nuisance under this Article, the Forester shall cease the infected tree or wood to be <br />sprayed, removed, or otherwise effectively treated so as to destroy and prevent as fully as <br />po ible the spread of the infestation or disease. The abatement procedures shall be carried out <br />in acordance with current expert technical opinions, plans and research. (Code 1966; Ord. No. <br />28517-20-71; Code of 1988; Code of 2001) <br />8. New Brighton City Code, Section 17-34 is amended as follows: <br />Se� 17-34. Abatement Procedure <br />i <br />A. When the Forester finds with reasonable certainty that the infestation defined in Section <br />17 ? 8 exists in any tree or wood in the City, the steps to be taken are: <br />(1) The Forester will determine whether the risk of infestation of other trees is <br />imminent. Based on that determination, the Forester will notify the owner of the <br />property by regular U.S. Mail, and will attempt to notify the owner by certified mail <br />of the existence of the nuisance, the date by which the nuisance must be abated by <br />the owner, and instructions for action that must be taken to abate the nuisance. In <br />the case of trees on a public right-of-way easement or right-of-way dedicated to the <br />public, the owner of the adjoining property will be so notified. <br />(2) If the owner fails to take steps specified in the notice by the date specified in the <br />notice, the City Manager, or the Manager's designee, shall abate the nuisance by <br />contract or with city personnel. <br />(3) Upon completion of the abatement by the City, all direct and indirect costs incurred <br />by the City in effecting such abatement shall be billed to the owner. <br />(4) If the bill to the owner for such expenses is not paid when due, the City Council <br />may levy the City's costs, plus interest as determined by the City Council, as a <br />special assessment against the property on which the nuisance was abated to be <br />4535lov1 NE136-32 <br />
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