PB10-25. - Abatement on private property.

(a) Whenever it is found with reasonable certainty that the infection and/or infestation defined in PB10-21 exits in any tree or wood located on private property, outside of any public way in the city, the owner or person in occupancy or control of such property on which the nuisance is found shall be notified by personal delivery or first class mail of the infection and/or infestation, and be directed that the infection and/or infestation shall be removed and burned, or otherwise effectively treated in a manner as set forth in PB 10-24, by such owner or person in occupancy or control within ten (10) days after receipt of such notice. The notice shall also state that if such nuisance shall not have been abated by the owner or person in control of the property within the time provided, the owner or person in charge may be charged with a violation of this chapter for maintaining a nuisance and that the nuisance may be abated by the park and recreation board and the costs of such abatement assesses against the property.

(b)

Said notice shall be accompanied by a postcard, returnable to the Park and Recreation Board, upon which the owner or person occupying or in control of the property shall indicate whether he intends to remove and effectively treat the infection and/or infestation.

(c)

In the event that said postcard is not returned to the Park and Recreation Board within ten (10) days, the Park and Recreation Board shall post upon the property in a conspicuous place a notice indicating that the infection and/or infestation exists on said property. The posted notice shall contain the same information as set forth in subsection (a) of this section.

(d)

If the owner or person occupying or in control of any private premises upon which a tree or wood is situated fails to have such tree or wood so removed and burned or otherwise effectively treated, after having elected to do so himself within ten (10) days after return of the postcard or fails to remove and burn or otherwise effectively treat the tree or wood within ten (10) days of the posting of notice on said property, then the removal and burning or other effective treatment of such tree or wood may be undertaken by the Park and Recreation Board and any expense incurred by Park and Recreation Board in so doing shall be a charge and a lien upon said property and shall be collected as a special assessment in the manner prescribed in Minnesota Statutes Section 429.091 and Minnesota Statutes Section 429.101 (Pk. Bd. Ord. No. 77-102, § 1, 7-6-77; Pk. Bd. Ord. No. 78-103, § 2, 4-19-78; Pk. Bd. Ord. No. 2009-103, § 1, 11-18-09)