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Section 710 - Trees and Vegetation
<br />(sections 7.10-01-710.10 & 710.12, subd 6(A)(7) and 710.12, subd 9(C) repealed 11/28/11)
<br />710.12.1 Protection of Shade Trees* (adopted 8/29/05)
<br /> Subd. 1 Declaration of Policy. The City Council has determined that the health of oak, elm, and ash trees, hereinafter
<br />sometimes collectively referred to as "shade trees," within the municipal limits are threatened by fatal tree diseases
<br />commonly known as "Oak Wilt Disease", "Dutch Elm Disease", and "Emerald Ash Borer" respectively, here-inafter
<br />sometimes collectively referred to as "shade tree diseases." It has further determined that the loss of shade trees growing
<br />upon public and private property would substantially depreciate the value of property within the City and impair the safety,
<br />good order, general welfare and convenience of the public. Accordingly, it is hereby declared to be the intention of the
<br />Council to control and prevent the spread of shade tree diseases and other epidemic diseases, by enacting this subsection
<br />for that purpose.
<br /> Subd. 2 Penalties. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon
<br />conviction thereof, shall be punished by a fine, imprisonment or both, not to exceed the maximums provided by state law for
<br />a misdemeanor. Each day following the date on which the person was to have removed any diseased shade tree or wood
<br />as specified in written notice given pursuant to the provisions of this subsection, the person has allowed the tree to remain
<br />on his or her property, or has allowed the parts or brush there from to remain on his or her property, shall constitute a
<br />separate violation.
<br /> Subd. 3 Forester. The position of city forester is hereby continued and the powers and duties of the officer are hereby
<br />conferred upon the person as designated from time to time by the Mayor with the concurrence of the Council. It shall be the
<br />duty of the forester to coordinate, under the direction and control of the Council, all activities of the City relating to the control
<br />and prevention of shade tree diseases. He or she shall recommend to the Council the details of a program for the control
<br />and prevention of the diseases and perform the duties incident to such a program as adopted by the Council. Inspections
<br />may be performed by a designated tree inspector(s).
<br /> Subd. 4 Interference Prohibited. It shall be unlawful for any person to prevent, delay or interfere with the forester or his or
<br />her tree inspector(s) or designee while they are engaged in the performance of duties imposed by this subsection.
<br /> Subd. 5. Epidemic Disease Program. It is the intention of the City Council to conduct a program of pest control pursuant
<br />to the authority granted by Minnesota statues section 18G.13, as amended, directed at the control and elimination of Dutch
<br />elm disease, oak wilt disease, and elimination of other tree diseases and is undertaken at the recommendation of the
<br />Minnesota Commissioner of Agriculture.
<br /> Subd. 6. Shade Tree Nuisances Declared. (amended 11/28/11)
<br /> A. The following are hereby declared to be public nuisances whenever and wherever they may be found within the City:
<br /> 1. Any elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis Ulmi (Buisman)
<br />Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Marsham) or Hylurgopinus Rufipes (Eichhoff);
<br /> 2. Any dead elm tree or part thereof, including stems, branches, stumps, firewood or other elm material from which
<br />the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; and
<br /> 3. Any northern red oak (Quercus rubra, Quercus ellipsoidalis, and Q. palustris), or part thereof, infected to any
<br />degree with the oakwilt disease, Ceratocystis fagacearum.
<br /> 4. Any living or standing white oak (Quercus alba), bur oak (Quercus macrocarpa), and swamp white oak (Quercus
<br />bicolor), that poses a threat of transmission of the oak wilt disease to other trees.
<br /> 5. Red oak species deemed by the City forester or designated tree inspector to be a potentially diseased spore
<br />producing tree (PSPT) must be removed before March 15th of the year following complete tree wilt. Any removed red oak
<br />tree should be disposed of at an approved wood utilization site or properly treated, i.e. main stems cut into firewood length
<br />sections, split if appropriate, stacked and covered in clear plastic with the edges sealed at the ground line to prevent vector
<br />entry or escape.
<br /> 6. Other shade trees with epidemic diseases or epidemic insect infestations.
<br /> Subd. 7 Shade Tree Nuisances Prohibited. (amended 11/28/11) It is unlawful for any person to permit the spread of a
<br />public nuisance as defined in this chapter across his or her property lines in any specified control areas as established by
<br />the city. Such nuisances shall be abated in a manner prescribed in this chapter.
<br /> Subd. 8 Inspection by Certified Tree Inspector.
<br /> A. The forester shall engage one or more persons, each of whom shall have been issued a certificate from the
<br />Minnesota Department of Agriculture pursuant to M.S. § 89.63, as amended from time to time, certifying that he or she is a
<br />qualified or certified tree inspector, for the purposes of inspecting any public or private properties, upon prior notification, to
<br />detect shade trees harboring shade tree diseases, which inspector(s) shall act as the duly authorized agent(s) of the
<br />forester. Nothing herein shall preclude the forester from being certified by the State Department of Agriculture as a qualified
<br />tree inspector and acting as such on behalf of the City.
<br /> B. The tree inspector(s) shall inspect all premises and places, both public and private, within the City as often as is
<br />practicable to detect and mark the location of all shade trees infected with shade tree diseases and report the results of the
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