Loading...
City Council Ordinance 1311ORDINANCE NO. 1311 DUTCH ELM DISEASE AN ORDINANCE AMENDING SECTIONS .1311. 080 AND 1311. 090 OF ORDINANCE NO. 1311 ADOPTED 19 , AND ENTITLED, "AN ORDINANCE AMENDMENT TO THE DUTCH ELM DISEASE ORDINANCE NO. 1311. " The Village Council of Monticello ordains: Section 1. Sections 1311.080 and 1311.090 of Ordinance No. 1311 adopted 19 , and entitled "Dutch Elm Disease, " are amended to r ead: Section 1311. 080 Procedure for Removal of Infected Trees and Wood. Subd. 1 Whenever the forester finds with reasonable certainty that the infestation defined in 1311. 030 exists in any tree or wood in any public or private place in the Village, he shall proceed. as follows: a. If the forester finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make a written report of his findings to the Council which shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes Ch 429 or (2) abating the nuisance as provided in Subd. 2 of this section. b. If the forester finds that the danger of infestation of other elm trees is imminent, he shall notify that abutting property owner by certified mail that the abated within a specified time, not less than4�d nuisance will be pays from the date of mailing such notice. The forester shall immediately report such action to the Council, and after the expiration of the time limited by the notice he may abate the nuisance. P age I Subd. 2 Upon receipt of the forester's report required above, part a. of this section, the Council shall b91, resolution order the nuisance abated. Before action is taken on such resolution, the 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, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution 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. Subd. 3 The forester shall keep a record of the costs of abatements, done under this Section and shall report monthly to the Village Clerk all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount of chargeable to each. Subd. 4 On or before September 1 of each year the Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel fo which they are attributable under this chapter. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Sec. 429. 101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. Section 1311.090 This section is deleted in its entirety. Sections 1311.080 and 1311.090. after its passage and publication. This ordinance becomes effective from and Page 2 Passed by the Council this day of , 1971. Mayor Attest Clerk Published in Monticello Times on the day of Page 3 1971.