Dutch Elm Disease

Dutch Elm Disease: Condemnation Procedures for Private Property Diseased Trees

Spring Condemnation of Dead Elm Wood
Starting in late March to early April, inspectors begin searching out dead elm wood and/or standing dead elm trees that will be condemned under MPRB Ordinances Chapter 11, which defines them as a public nuisance. Dead elm in wood piles or on the ground is condemned by the attachment of a formal condemnation notice on the wood which states that the owner of the property has 10 days in which to remove the wood or have the bark separated from it. In the case of standing dead trees, condemnation notification is handled by the same method described under condemnation of diseased trees which follows.
Condemnation Notification of Diseased Trees
Once the leaves have emerged in the spring the inspectors focus their attention to looking for elms showing yellowing and wilting of foliage. This wilting (called "flagging" because it gives the appearance of a yellow flag hanging in the tree top) is the first symptom that can be detected in trees infected with Dutch Elm Disease. Once this symptom is noticed the inspectors proceed onto the property (under authority of Chapter 11) and cut small twigs from the symptomatic area of the tree. They then peel back the bark on these twigs to expose the first layer of wood. If the wood has brown streaks or is totally brown in color (as opposed to the normal milk white color of healthy wood) the tree is then confirmed to have Dutch Elm Disease.
If there is someone home the inspector leaves a "Field Condemnation Notice" and letter of explanation and fills out a log sheet noting this. If no one is home, they simply fill out the information available and turn the log sheet into the office. Each day the log sheets are reviewed and the proper notice is mailed to the homeowner. If the tree was "field notified" a letter confirming this is sent to the owner. If not, then a "Condemnation Notice" is mailed to the owner with instructions as to how to proceed with either their own arrangements for removal or to return the enclosed post card to contract with the MPRB for removal.

Notification Letter
The letter sent with the condemnation notice is designed to explain the program for removal by answering several common questions. Each paragraph describes various aspects of the program as follows:
Paragraph 1: Sets forth the legal authority under which the MPRB operates in this respect.
Paragraph 2: Sets forth the time limit for action of 20 days.
Paragraph 3: Explains that the MPRB has already received bids from various contractors establishing prices for tree removal (these prices are based on dollars per inch of tree diameter. The price for their particular tree is entered on the form to give them a guideline as to what the costs will be. It also makes note of the fact that we do not include stump removal in our prices.
Paragraph 4: Makes the owner aware that certain minor turf damage is inevitable in removing a large tree but also notes that any more serious damage will be repaired.
Paragraph 5: Explains that to contract with the Board to remove their tree the stamped post card must be signed and returned to the Forestry Division within 5 days.
Paragraph 6: Informs the owner that the MPRB pays the contractor up front and then gives the owner a choice of either repaying the MPRB in one payment or of having the costs placed on an assessment.
Paragraph 7: Simply an explanation about the owner's option to hire a contractor.
Paragraph 8: Explains that the MPRB has the right to enter onto the property and remove the tree if the owner refuses to take any action.
Paragraph 9: Provides the owner with Forestry's phone number so they can receive answers to any specific questions.
Improper Owner Notified or Co-owners
In some instances it is difficult for the inspector to know exactly where the property line is (e.g. where a fence exists but is not properly on the property line) and they must make the best judgement they can as to which property the tree belongs. If an owner feels that the tree is not on their property we will place the condemnation on "hold" and work with the owner using their records or the City plat sheets to determine proper ownership before continuing with the condemnation and removal of the tree.
In cases where the tree is located such that it is directly on the property line notice is sent to both owners with a statement to each that the tree has been determined to be a joint responsibility. Our procedure is to hold each party responsible for one-half the cost.
No Response to Condemnation Notice
In certain instances where the owner does not make any response to our original condemnation notice we wait 10 days from the date the notification was sent out and then check to see it the tree is still there or if the owner has perhaps removed it and failed to let us know. If the tree is still there we physically attach a "Condemnation Notice" to the tree. In accordance with our ordinance this posting constitutes proper legal notification. If there is still no response after another 10 day waiting period we can and do assign that tree to one of our contractors for removal. The costs are handled in the same manner as though the owner had requested us to remove the tree.
Owner's Choice - To Remove Their Own Tree
In certain instances, such as with very small trees or those easy to remove, owners may choose to remove their own trees. In cases where the owner prefers to have their own contractor remove the tree, the company chosen by the property owner must be licensed by the City of Minneapolis to do tree work and must remove the tree before the deadline date indicated on the removal notification. To contact Licenses and Consumer Services Division, call (612)673-2080
Owner's Choice - Park Board Removal
This is by far the best option for most homeowner's who have large trees to contend with. They simply have to sign and return the postage paid post card to us, indicating they want us to handle the removal. From that point on, everything is taken care of by our office. We assign the tree to the lowest priced, available contractor at the time. We then send information to the homeowner letting them know who the contractor is and how to get in touch with them if they need to give them any special instructions. The contractor's job specifications require them to contact the owner at least 24 hours in advance to let them know when they will remove the tree. All contractors are fully insured and bonded.
Once the contractor removes the tree an invoice is submitted to our office. At this time one of our inspectors goes to the property and inspects to see that all requirements of the specifications have been met and that there has been no damage to the surrounding area. If damage has been done the contractor is required to make repairs to the satisfaction of the homeowner before we clear the job and make payment for it. Any delayed repairs such as broken sidewalks are handled with a certified check made out to the MPRB and their cement contractor to insure that the work will be performed.
Once everything has been inspected and approved, payment is made by the City Finance Office. Later, normally after all trees have been removed for the summer, the MPRB Finance Office will bill the homeowner for their portion of the costs. The homeowner has the option of paying the bill at that time or requesting that it be placed on the special assessment role for a payment schedule spread over a five year period. The assessment can be paid over the five years or paid off at any time during that period.