HomeMy WebLinkAboutCc1302 1302
AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF SHADE TREE
DISEASE WITHIN THE CITY OF OAK PARK HEIGHTS.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1302.01 Shade Tree Disease Program.
It is the intention of the Council of Oak Park Heights to conduct a program of plant
pest control pursuant to the authority granted by Minnesota Statutes 1961, Section
18.G, as amended. This program is directed specifically at the control and
elimination of shade tree disease fungus and is undertaken at the recommendation of
the Commissioner of Agriculture. The City Forester /Tree Inspector shall act as
coordinator between the Commissioner of Agriculture and the Council in the conduct
of this program.
1302.02 Shade Tree Disease Defined.
"Shade tree disease" means Oak Wilt Disease or Dutch Elm Disease as further
defined in Section 1302.05.
1302.03 Position of Forester -Tree Inspector Created.
The position of Forester /Tree Inspector is hereby created and the powers and duties
of such forester -tree inspector as set forth in this ordinance are hereby conferred
upon the Mayor or Councilperson in charge of Public Works of the City of Oak Park
Heights.
1302.04 Duties of Forester /Tree Inspector.
It is the duty of the Forester /Tree Inspector to coordinate, under the direction and
control of the Council, all activities of the municipality relating to the control and
prevention of shade tree disease. He shall recommend to the Council the details of a
program for the control of shade tree disease and perform the duties incident to such
a program adopted by the Council.
1302.05 Nuisances Declared.
A. The following things are public nuisances whenever they may be found
within the City of Oak Park Heights:
1. Any living or standing elm tree or part thereof infected to any degree
with the shade tree disease fungus Ceratocvstis Ulmi (Buisman)
Moreau or which harbors any of the elm bark beetles Scolvtus
Multri stri atus (Eichh), or Hvlur2�ovinus Refives (March), or any oak
tree infected with oak wilt disease caused by ceratocystis fagacerism
or any dead oak tree or part thereof.
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2. Any dead elm trees or part thereof, including legs, branches, stumps,
firewood, or other elm material from which the bark has not been
removed and burned or sprayed with an effective elm bark beetle
insecticide.
B. Abatement.
It is unlawful for any person to permit any public nuisance as defined in
Section 1302.05A to remain on any premises owned or controlled by him
within the City of Oak Park Heights. Such nuisances may be abated in the
manner prescribed by this Ordinance.
1302.06 Inspection and Investiiation.
A. Annual Inspection.
The Forester /Tree Inspector shall inspect all premises and places within the
City as often as practicable to determine whether any condition described in
Section 1302.05 of this Ordinance exists thereon. He shall investigate all
reported incidents of infestation by shade tree disease fungus or elm bark
beetles or oak wilt disease.
B. Entry on Private Premises.
The Forester /Tree Inspector or his duly authorized agents may enter upon
private premises at any reasonable time for the purpose of carrying out any of
the duties assigned him under this Ordinance.
C. Diagnosis.
The Forester /Tree Inspector shall, upon finding conditions indicating shade
tree disease infestation, immediately send appropriate specimens or samples
to the Commissioner of Agriculture for analysis, or take such other steps for
diagnosis as may be recommended by the Commissioner. Except as provided
in Section 1302.08, no action to remove infected trees or wood shall be taken
until positive diagnosis of the disease has been made.
1302.07 Abatement of Shade Tree Disease Nuisances.
In abating the nuisances defined in Section 1302.05, the Forester /Tree Inspector shall
cause the infected tree or wood to be sprayed, removed, burned or otherwise
effectively treated so as to destroy and prevent as fully as possible the spread of
shade tree disease fungus and elm bark beetles or oak wilt disease. Such abatement
procedures shall be carried out in accordance with current technical and expert
opinions and plans as may be designated by the Commissioner of Agriculture.
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1302.08 Procedure for Removal of Infected Trees and Wood.
A. Whenever the Forester /Tree Inspector finds with reasonable certainty that the
infestation defined in Section 1302.05 exists in any tree or wood in any
public or private place in the City, he shall proceed as follows:
1. If the Forester /Tree Inspector finds that the danger of infestation of
other elm or oak trees is not imminent because of elm or oak
dormancy, he shall make a written report of his finding to the Council
which shall proceed by: (1) abating the nuisance as a public
improvement under Minnesota Statutes Chapter 429, or (2) abating
the nuisance as provided in Section 1302.08 A 2.
2. If the Forester /Tree Inspector finds that danger of infestation of other
elm or oak trees is imminent, he shall notify the abutting property
owner by certified mail that the nuisance will be abated within a
specified time, not less than five (5) days from the date of mailing of
such notice. The forester -tree inspector shall immediately report such
action to the Council, and after the expiration of the time limited by
the notice he may abate the nuisance.
B. Upon receipt of the Forester /Tree Inspector's report required by Section
1302.08 A -1, the Council shall by 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 or no
less than one (1) 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.
C. The Forester /Tree Inspector shall keep a record of the costs of abatements
done under this section and shall report monthly to the City 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 chargeable to
each.
D. On or before September 1 st of each year, the Clerk shall list the total unpaid
charges for each abatement against each separate lot or parcel to which they
are attributable under this Ordinance. The Council may then spread the
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charges or any portion thereof against the property involved as a special
assessment under Minnesota Statutes Section 429.101 and other pertinent
statutes for certification to the County Auditor and collection the following
year along with current taxes.
1302.09 Svravini2� Elm or Oak Trees.
A. Whenever the Forester -Tree Inspector determines that any elm tree or elm
wood or oak tree within the City is infected with shade tree disease, he may
spray all nearby high value elm or oak trees with an effective disease -
destroying concentrate. Spraying activities authorized by this section shall
be conducted in accordance with technical and expert opinions and plans of
the Commissioner of Agriculture and under the supervision of the
Commissioner and his agents whenever possible.
B. The notice provisions of Section 1302.08 apply to spraying operations
conducted under this section.
1302.10 Interference Prohibited.
It is unlawful for any person to prevent, delay, or interfere with the Forester /Tree
Inspector or his agents while they are engaged in the performance of duties imposed
by this Ordinance.
1302.11 Penaltv.
Any person, firm, partnership, or corporation who shall violate any portion of this
Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be
fined a sum not to exceed Seven Hundred Dollars ($700.00) or imprisoned for a
period not to exceed ninety (90) days, or both.
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