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~rJlen Hills vector entry or escape. mated Cost of this service. which shall be or sam~e5 of the allegedly diseased 6. Other. shade trees with eph1emic billed back to the owner. shade trees. If the analyses confirm the it diseases Of epidemic insect infestations. D. No person shall allow, permit the original diagnosis that the shade trees CITY OF ARDEN HILLS 7. Any tree considered in the opinion of spread of, or fail to abate a public are inlected or the wood thereof dis- COUNl!Y OF RAMSEY the City Forester to pose eminent danger nuisance as defined in this code. Such eased, or both whichever the case may to life or property or to adjoining proper- nuisances shall be abated in the manner be, the requesting owner shall pay all :;rATE OF MINNESOTA ties. Trees of such condition will be prescribed in this code. expenses and charges incurred fOf the ORDINANCE NO. 365 deter-mined hazardous as defined in Subd. 10 Removal of Diseased Shade analyses by the City. If the test discloses AN ORDINANCE RELATING TO Chapter 600.03 Subd. 9 of the City Code. Trees. that the trees or wood are not so dis- PROTECTION OF SHADE TREES Subd. 7 Nuisances Prohibited. It is A. An owner'of real estate in the Cily eased, the City shall bear ,all the costs The Arden Hills City Council ordains lhat unlaWful for any person to permit the who is notified 01 the existence on his or and the forester shall remove the trees or Section 710.12 and its sub-divisions is spread of a public nuisance as defined in her property of shade trees or wood wood from the list of diseased trees. lithe . hereby added to the Arden Hills Municipal this chapter across his or her property therefrom, or both as the case may be, test confirms the original diagnosis that Code, to read as follows; and Section lines in any specified control areas as harboring shade tree disease shall within the trees or wood or both as the case 710.11 and its subdivisions are hereby established by the city. Such nuisances the time specified in the written notice cut may be, are diseased, notice thereof repealed. shall be abated in a manner presc:ribed in down or have cut down each of the <iis- shall be sent the owner by the forester, Section 710 12 l!lis chapter. eased trees, remove or have removed arr and the owner shall remove the diseased Protection of Sh~dp. Trees Subd. 8 Inspection by Certified Tree parts, branches and brush there from:, trees or wood or both as the case may Subd. 1 Declaration of Policy. The City Inspector. and transport or have transported all the be, within one week after receipt of the Council has determined that the health of A. The forester shall engage one or parts, branches and brush. from the dis- notice. oak and elm trees, hereinafter sometimes more persons, each 01 whom shall have eased trees and any diseased wood from Subd. 14 Spraying or Treatment of collectively referred to as ''shade lrees, ~ been issued a certificate from the the premises to an authorized disposal or Shade Trees. within the municipallimils are threatened Minnesota Department of Agriculture chipping site. With. respect to the trans- A. Whenever the . forester determines by fatal Iree diseases commonly known pursuant to M.S. ~ 18G.126 Subdivision portation of wood from diseased elms,' it that any shade tree or shade tree wood as "Oak Wilt Disease" and "Dutch Elm 10, as amended trom lime to 'time, shall be unlawful for any person to trans- within the City is infected with shade tree Disease" respectively, hereinafter some. certilying that he or she is a qualified or port within the City any bark-bearingelm disease, he or she may spray or Ireat all times collectively referred to as "shade certified tree inspector, for the purposes wood. nearby high value shade trees by such -tree diseases." It has further determined of inspecting any putNic or private proper- B. The City Forester shall enforce the chemical or mechanical means as will be that the loss of shade trees growing upon ties, upon prior notification, to detect treatment of nuisance by requiring lhe effective to prevent as fully as possible public and private property would sub- shade trees harboring shade tree dis- performance alone or more of the follow- the spread of shade tree disease thereto. stantially depreciate the value 01 property eases, which inspector(s) shall act as the ing disease control methods listed in The forester may also cause the dls- within the City and impair the safety, good duly authorized agent(s) of the forester. subsection C in order to destroy and pre- eased shade trees or wood to be sprayed order, gen,e,ral welfare. and CDnvenief;lce '. ~Olhil1g h~ 8,I"JI1l p~d, the forester vent the spread 01 epidemic diseased of or treate<l by chemical or. .mechaAical of the public. AcrordinOIy,.;'is hWaby i,}ro"1;~bei~,:Qeflilier$~9)\'.rn, State shade trees, including, but not limited to, ~.soas likewise k\controlthe possi- dec_li:lred to be. the intention of1he Coun~IDepartment.ol Agricu~as 'a quallfled Dutch elm disease or oak wilt diseaS8. bte spriJaCi.'-:of. shade: tree disease to to coiitro1 and prevent thS;;~spread'OI " treetnspeetor" and acting as such on Such abalement may be designated by neighboring, high value shade<' trees. shade tree diseases and other epidemic beha" of the City. the Minnesota Comfnissionerof Agricul- Such procedure shall be carried out in diseases, by enacting this subsection for B. The tree Inspector(s) shall inspect all ture or the University of Minnesota. accordance with current technical- and that purpose. premises and places, both public and C. The following abatement procedures expert opinions and plans of the' State Subd. 2 Penalties. Any person violating private, within the City as often as Is prac- are recommended by the City of Arden Department of Agriculture iand under the the provisions of this subsection shall be ticable-to detect and mark the location of Hills: supervision 01 the Department whenever guilty of a misdemeanor and, upon con- all shade trees infected with shade tree 1. Root graft barrier installation at least possible. viction thereof, shall be punished by a diseases and report the results of the 60 inches in the soil to isolate the dis- B. As determined necessary by Ihe City fine, imprisonment or bolh, not to exceed inspections to the forester immediately eased trees; Forester, the City may utilize chemical the maximums provided by state law for a after each inspection has been con. 2. Removal of trees; means of treatment. If chemical treat- misdemeanor. Each day following the ducted. The forester, m the tree 3. Stump grinding; ments are deemed necessary, the cost date on which the perSon was to have inspec-tor(s), may send appropriale 4. Burning, chipping, debarking or pro- for this service shall be bome by the City. E any diseased shade trae 0' specimens or samples to the State perty covering and sealing the potentially The costs of Ihe mechanical means 01 . specified in written nolice given Department 01 Agriculture for analysis, or hazardous wood and/or stumps. treatment shall be borne by the owner or ant to the prOviSions of this subsec- take such other steps for diagnosis as D. To prevent root graft transmission of occupant of the premises. the shade tion, the person has allowed the tree to may be recommended by the tree related diseases, a barrier must be trees upon which have been mechani- remain on his Of her property, or has Depanmenl. In addition to the foregoing created between diseased and healthy cally treated by the City. The owner or allowed the parts or brush there from to inspections, it shall be the duty of the tree trees, either by cutting the root system occupant 01 the premises shall be billed remain on his or her property, shall con- inspector(s) to. investigate all reported with a 54-inch blade or longer by using a the costs of the mechanical treatment, stitute a separate violation. incidents of infestation by Dutch elm vibratory cable plow, or. by digging a and in the event 01 nonpayment of the bill Subd. 3 Forester. The position of city fungus or elm bark beetles or any other trench to a minimum depth of 60 inches in within thirty (30) days of the date thereol. forester is hereby continued and the manifestations of shade tree diseases. the soil surrounding the diseased trees. the Council may then assess the amount powers and duties of the officer are C. A property owner or contractor who Such abatement procedures will be due, plus interest, in the manner. provided hereby -<:onferred upon the person as becomes aware of any tree infestation carried out in accordance with current in Subd. 10. designated from time to lime by the within the City shall notify the City technical and expert opinions and plans C. The forester shall notify, in the man- mayor with the concurrence 01 the Forester within seven (7) days. as designated by the Stale Commls- ner provided in Subd. 9, each owner or Council. It shall be the duty of the forester D. The City forester and tree inspec- sioner of Agriculture. occupant of real estate within the City of to coordinate, under the direction and tor(s) shall have the right to enter upon all E. 10 addition the owner may poison or the date aller which shade trees on his or control of the Council, all activities 01 the privale premises within the City at any have poisoned the stumps of trees dis. her property shall be sI181'T1'ull} IiIr City relating 10 lhe contra! and prevention reasonable time lor the purpose 01 carry- eased with oak Wilt and shall debark or meChanically treated, which date shall 01 shade tree diseases. He or she 'shall ing out the duties assigned to them under have debarked to the ground line the not be less than five (5) days from the recommend to the Council the details of a this subsection, including Inspection. Slumps of trees ctiseased with Dutch elm date of mailing the notice. program fOf the control and prevention of treatment, cutting, burning or removing 01 disease in such manner as may be Subd 15. Transportation of Epidemic the diseases and perform the duties inci~ diseased shade trees. approved by the forester. Diseased Wood. It is unlawful for any dent to Such a program as adopted by the Subd. 9 Notices to Property Owners. Subd. 11 Abatement by City. In the event person to transport within the City any Council. Inspections may be performed A. After each inspection and investiga- the owner fails or refuses to abate the diseased wood that is determined to be by a designated tree inspector(s). tion, whenever the forester or the tree nuisances as so required, then the lor- hazardous, as described in Subd. 6. Subel. 4 Interference Prohibited. It shall inspector(s) has found with a reasonable ester shall upon orders from the Council, Subd 16. Public Tree Care_ The City has be unlawlul for any person to prevent, certainty that a shade tre,e or any wood abate the nuisance by cutting down dis- the right to plant, prune, maintain, delay or interfere with the forester or his thai harbors shade tree disease to such eased shade trees and removing all remove or perform any other arboricul- or her tree inspector(s) or designee while an extent that the same constitutes a parts, branches and brush thereof, lural practices as necessary on all public they are engaged in the performance of threat of infestation of shade trees in together with any diseased wood of any .property including the street right-of-way duties imposed by this subsection. proximity thereto, the tree inspector(s) diseased shade trees located on the to ensure public safety and to preserve or Sub<!. 5. Epidemic Disease Program. It shall mark the diseased shade trees or premises, from the premises to an enhance the symmetry and beauty of ~ention of the City Council to con- wood or both as the case may be in a authorized disposal or chipping site. The such public grounds. rogram of pest control pursuant visible manner and notify each owner of cost of the City's abating the nuisance Subd 17. Abuse or Mutilation of Public t authority granted by Minnesota real eslate within the City whereon the shall be billed to the owner or occupant of Trees. Unless specifically authorized by staues section 1BG.16. as amended, diseased shade trees or wood, or both as the premises upon which the. nuisances the City Forester, no person shall directed at the control and elimination of the case may be, are located, which existed. intentionally damage, cut, carve, trans- Dutch elm disease, oak wilt disease, and notice shall contain the inspect_ion infor- Subd. 12 Assessment for Nuisance plant, remove any tree, attach any rope, elimination 01 other tree diseases and is mation with respect to diseased shade Abatement. If the owner or occupant fails wire, nails, advertising poster, or other undertaken at the recommendation 01 the trees upon the property and shall further to pay the bill, as provided for in Subd. 9, contrivance to any tree, allow any gas. Minnesota Commissioner of Agriculture. advise that, in accordance with the pro- within thirty (30) daYs 01 the date thereof, eous liquid or solid substance which is Subd. 6 Nuisances Declared. visions of this subsection, the owner is the Council may then assess the amount harmful to come in contact with any tree, A. The following are hereby declared to required to remove the trees or wood, or due, ptus interest, against the property as or set fire or permit any fire to bum when be public nuisances whenever and wher- both as the case may be, within (10) days a special assessment under M.S. Ch. the heat could injure any portion of any ever they may be found within the City: for elm trees and (30) days for oak trees 429.10, as amended from time to time, tree, or top a tree by severely cuning 1. Any elm tree or part thereof infected to and other trees species from the date of installments 01 which assessment shall in back the tree canopy to a stub. any degree with the Dutch elm disease the lener being sent to the property no event -be payable over a period Subd 18. Violation of Penalty. Any fungus Ceratocystis Ulmi (Buisman) owner~ The notices shall be sent by certi- exceeding five (5) yearslrom the date the person, firm or cooperation who violates Moreau or which harbors any of the elm fied mail with retum receipt requested to same have been levied. On or belore any section of this chapter shall be guilty bark beetles Scolytus Mullistriatus the last known address of the owner. In October 1 of each year, the city adminis- of a misdemeanor and, upon conviction, (Marsham) or . Hylurgopinus Rufipes the event that the certified mail is nOl trator shall list the total unpaid char'ges thereof, shall be subject to a misde- (Eichhoff); delivered, mailing by ordinary mail to the for each suCh abatement against each meanor penalty as then by defined by 2. Any dead elm'tree or part thereof, address shall be deemed sufficient separate lot or parcel to which the same Minnesota law. Additionally, the City may including stems, branches, stumps, fire- notice. is attributable. Thereafter. the charges exercise any civil remedy available under wood or other elm material from which B. The notices to be sent under the pro- may then be spread by the Council as a Minnesota law for the enlorce of this code the bark has not been removed and visions of this subdivision shall be sent to special assessment against the property including civil action, mandamus, injunc- bumed or sprayed with an effective elm the occupant of premises upon which the benefited by the abatement, and the tive I relief, declaratory action, or the bark beelh~ insecticide; and diseased shade trees or wood, or both as assessment certified 10 the county as leVying of assessments. 3. Any northem red oak (Quercus rubra. the case may be, are located, if those provided by law. Adoetion Date. Passed by the City Quercus elHpsoidaiis, and Q. palustris), premises are occupied, and also to the Subd. t3 Request for Laboratory Council of the City of Arden Hills on the or pan thereof, infected to any degree owner 01 the premises, if the owner has Testing. Any owner of real estate in the 29th day of August, 2005. with the oakwllt disease, Ceratocystis an address different from the subject City who receives a notice as provided In Etfflctlvfl DatA. This ordinance shall fagacearum. premises and the address is disclosed by Subd. 7 to the effect that shade trees or become effective Iheday following its 4. Any. living or standing white oak the records of the county depanment of wood. or both as the case may be, on his publication in the City's official news- (Quercus alba), bu' oak (Quercus property taxation. Reasonabte inquiry by' or her property harbor shade tree disease pape'. macrocarpa), and swamp white oak the forester or the tree iospector(s) shall and must be removed within the. time (Bulletin: Sept. 7, 2005) . (Quercus blcolor), that poses a threat of be sufficient to meet this r8CJJirement, specified in the notice, may request the transmission of the oak wilt disease to and teleP!1one inquiry of the office of the forester to obtain a laboratory lest of one other trees. county department' of property taxation or more of the trees. The request must be 5. Red oak species deemed by the City shall be deemed reasonable inquiry for made no later than the date on which the lieste, or designated tree inspector to the purpose of ascertaining the treesor diseased wood are to be a potentially diseased spore produc. adclresses. If the subject premises are removed from the premises, as specified tree (PSPT) must be removed before unoccupied, then maiting ro the address in 1he written notice from the City to the arch 15th of the year following com. 01 the owner as shown by lhe records of owner as provided herein, by written plete tree wilt. Any removed red oak tree the county department of property taxa- notice lrom the owner to the forester sent should 004 d.isposed of at an approved tion shalrbe deemed sufficient. by certified mall with return receipt wood utilization ~e. or properly treated, C. The notice shall Inform the property requested. UPOn. receIpt of the request, I.e. main stems cut~into firewood length owner of his or her rlghl to request the the forester shall promptly engage the sections, spilt if appropriate, stacl<ed and City's tree removal contractor or to services 01 the State Department of covered in clear ptastic with the edges remove the tree(s) on hislher own Agricullure or a qualified laboratory to l sealed at lhe ground line to prevent . accord: The notice shall provide the esti- make analyses of appropriate specimens