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lOl.OS Abatement. <br /> <br /> It is unlawful for any person to permit a public nuisance as defined in 101.04 to <br />remain on any premises owned or controlled by that person within the designated control <br />areas of the City. Such nuisances may be abated in the manner prescribed by this chapter. <br /> <br />101.06 Inspection and/nvestigation. <br /> <br /> (a) Annual Inspection: <br /> (1) Dutch elm disease: The tree inspector shall inspect all premises and places <br /> within the designated Dutch elm disease control area of the City at least three <br /> times during the growing season, by June 15, July 15, and August 15 to determine <br /> whether any condition described in 101.04(a) exists. <br /> (2) Elm wood: The tree inspector shall inspect all premises and places within <br /> the designated Dutch elm disease control area of the City by April I of each year <br /> for elm wood or logs/stumps that meet aJ'~y of the conditions described in 101.04(a), <br /> and require by April 1, removal or debarking of all wood logs, and stumps to be <br /> retained. <br /> (3) Oak wilt: The tree inspector shall inspect all premises and places within <br /> the designated oak wilt control area of the City as many times as practical or neces- <br /> sary to determine whether any condition described in 101.04(b) and (c) exists. <br /> (b) Entry on Private Premises: The tree inspector so designated by the Council <br />may enter upon private premises at any reasonable time for the purpose of carrying' <br />out the duties assigned to him/her under this chapter. Before making any inspection <br />on private property within the City, the tree inspector shall give notice of said inspection <br />to all affected residents and property owners either through an individual oral or written <br />notice, or by publishing said notice in a local newspaper. <br /> (c) Diagnosis: The tree inspector shall, upon finding indications of oak wilt or <br />Dutch elm disease, take such steps for diagnosis as may be appropriate, including analysis <br />of twig samples from actively wilting branches by the Department of Agriculture tree <br />disease laboratory, or other laboratories capable of performing such services approve(] <br />by the Minnesota Commissioner of Agriculture. Whenever possible, diagnosis shall be <br />based upon accepted field symptoms. <br /> <br />101.07 Interference Prohibited. <br /> <br /> It is unlawful for any person to prevent, delay or interfere with the City tree inspec- <br />tor or his/her 'agents while they are engaged in the performance of duties imposed by <br />this ordinance. <br /> <br />101.08 Procedure for Abatement and Removal. <br /> <br /> (a) Whenever it is found with reasonable certainty that a tree has oak wilt or <br />Dutch elm disease, the tree inspector shall proceed as follows: If the tree inspector <br />finds that there is potential for infection of other oak or elm trees, he/she shall notify <br />the owner of the property on which the nuisance is found, by certified mail, addressed <br />to said owner at his/her last known address. The tree inspector will specify on the notice <br />a reasonable date before which the nuisance must be abated (see subsections b, c, and <br />d). The tree inspector shall immediately report said action to the Council and, after <br />the expiration of the time limited by said notice, the tree inspector may proceed to <br />abate the nuisance as herein provided. The cost of such abatement, plusa $50 administra- <br />tive fee, shall be assessed against the owner of the property involved., or against the <br />property itself. <br /> (b) High Risk Elm Trees: High risk elm trees shall be those trees that are dead, <br /> <br /> <br />