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<br /> STATE OF MINNESOTA down said diseased trees $nd remove all
<br /> COUNTY OF RAMSEY parts, branches and brush thereErom
<br /> VILLAGE OF ARDiEN ffiLI.S from the Village. In lien of auch remov-
<br /> ORDINANCE NO. 102 al the owner maq, withln the limit9 pre-
<br /> AN ORDINANCE PROVIDING A PRO- scribed by applicable Village ordinance,
<br /> GRAbI FOR THE PREVPsNTION OF burn said diseased tree ar treea on his
<br /> OAK WILT DI3PASE IN TIiE VIL- own premises or upon such locatione
<br /> LAGE OF ARDEN HILL3 AND PRO- within the Village as may be designated
<br /> VIDING PENALTIE3 FOR VIOLATION for aueh purpose by the Foreater. The
<br /> THEREOF. owner shall also poison the sEwnpa af
<br /> Section 1. Declaration Of Policy. The the trees diseased with Oak Wilt in
<br /> Village Council of Arden Hllls has deter- such manner as may be approved by the
<br /> mined that the health of oak trees within ~'orester.
<br /> the municiDal limits is threatened by a Section 6. A6atement B9 Village.
<br /> fatal tree disease commonly known as Snbdivision 1. Following Annual In-
<br /> Oak Wilt Disease. It has further deter- sPection. Upon receipt and approval of
<br /> mined that the loss of oak trees growing the report of the Forester required by
<br /> upon public and private property would Section 4 hereof, the Councll shall by
<br /> resolution order the nuisancee abated,
<br /> subatantially depreciate the value of
<br /> b
<br /> property within the Village and impair ut auch abatement shall be poatpaned
<br /> the safety. Sood order, general welfare until the first day of March of the year
<br /> following auch resolution in order that
<br /> and convenience of the public. It is de-
<br /> the
<br /> clared to be the intention of the Gouncil owner of the progerty may abate the
<br /> to control and prevent the spread of these nuisances as provided in the previoua
<br /> diseases and this ordinance is enacted for section. In the event the owner fails
<br /> that purpose. or refuses to abate the nuieancea aa ao
<br /> Section 2. Forester. The position of re4uired then, following said Mamh 1,
<br /> ~ Villa~e Forester is hereby created and the Forester sha11 abate the nuigancea of
<br /> any remaining diseased trees by having
<br /> the powers and duties of such office are
<br /> th
<br /> hereby conferred upon the Commission- em cut down snd burned on the ownera
<br /> er of Parks and Playgrounds as designat- nremises, or removed if burning ia not
<br /> from time to time by the Mayor with ancesnermitted under apPlicable village ordin-
<br /> ed the concurrence of the Council. .
<br /> 3ubdiviaion 2. Following Emergency
<br /> It ia the duty of the Forester to co-
<br /> Inspection
<br /> ordinate, under the direction and control . If after an emergency fn-
<br /> of the Counv;il, all activities of the Vi]- spection as authorized by the provisions
<br /> of this ordinance the Foreater finda that
<br /> lage relating to the control and preven-
<br /> th
<br /> tion of oak wilt disease. He shall recom- e danger of the infestation of other
<br /> mend to the Council the detaila of a mtrees from a diseased tree or trees is im-
<br /> program for the control of said disease inent, he shall notify the property
<br /> and perfonm the duties incident to such owner by certified mail of the existence
<br /> adopted by the Council. of the nuisancea and ehall further no-
<br /> a ArograSecEionm S. as Nuisances Declared: Abate- tify the groperty owner that the nuisance
<br /> must be abated within a specified time,
<br /> ment. Any tree within the Village in-
<br /> not ]ess
<br /> fected with Oak Wilt disease is declared than 5 days fram date af mail-
<br /> to constitute a nuisance: provided how- ~ng such notice. Such other and addi-
<br /> ever, nothing in thia Ordinance shall tional notice may be 8iven the property
<br /> owner as appears reasonable and prudent
<br /> appiy to White Oaks or Burr Oaks,
<br /> to the Forester under the cl
<br /> which are specifically excluded. It is un- rcumstances
<br /> for any person ta permit any then ~tely existing. The Porester shall immedi-
<br /> lawful public nuisances as defined in this sec- report such action to the Council,
<br /> and after expiration of the time aet forth
<br /> tion ta reinain on any premises owned or
<br /> i
<br /> controlled by him within the Village o£ n the notice he may abate the nuisances
<br /> by having the diseased treea cut down
<br /> Arden Hills. Such nuisances may be
<br /> and
<br /> abated in the manner prescribed by thia krurned on the owner's premiaes, or
<br /> removed if burning ia not allowed under
<br /> ordinance.
<br /> Section 4. Inspection and InvestiSa- apPlicable village ordinancea.
<br /> Snbdi
<br /> tion. As early as possible after the pass- vision 3. Re4uest For Laboratory
<br /> age of this ordinance in 1967, and be- Testing. Any owner of real estate in
<br /> the firet of August in followin~ vthe village who receives a notice as pro-
<br /> fore years, the I'orester shall engage one ox ided herein, to the effect that Oak
<br /> more persons who by training and back- W~lt disease exi$ts oa trees on his
<br /> ground are qualified to detect the pres- nroperty, may request the Foreater to
<br /> ence of Oak Wilt disease, and such per- obtain a laboratory teat of one or more
<br /> sons shall act as the duly-authorized of such trees. Such requests must be
<br /> agents of the Forester. As soon as may made within fifteen (15) da.ys after re-
<br /> be done, and preferrably between Au- ceipt or -mailing notice, whichever is .
<br /> gust 1 and October 1 of each year, such final as provided in Sectibn 6 hereaf.
<br /> shall conduct a survey of the ester Upon receipt of such request the For-
<br /> agente Village to ascertain the location of trees shall promptly engage the aervices
<br /> of a qualified laboratory to make such
<br /> infected with Oak Wilt disease. Ssch
<br /> tests
<br /> agents shall take reasonab!e steps to as- . If the test confirms the original
<br /> certain the exiatence of the disease and analysis that the tree is infected, the
<br /> then shall mark each infected tree and re9uesting owner shall pay all expensea
<br /> eport the results of the survey to the and charge incurred therefore by the Vil-
<br /> x•Porester before October 15 of each year. 1age. If the test fliecloaea that the tree is
<br /> The Forester- shall 1n turn report the not so diseased, the VillaSe shall bear all
<br /> resultx of the survey to the Council at of such costs and the Foreater shall re-
<br /> move the tree from the list of diseased
<br /> ita next following meeting.
<br /> trees
<br /> In addition to such regular inspections . If the test confirms the original
<br /> the Foreater shall, whenever he deems 'inalysis that the tree ia diseased, notice
<br /> it necessary to have an additional in- thereof shall be aent the owner by the
<br /> spection, similarly engage agents for Forester as Px•ovided in Section b, Subdi-
<br /> such surveys, and the results af sueh visi move on 1 hereof, and the owner shall re-
<br /> inspections shall be duly reported to the such tree or trees within one
<br /> Cbuncil. week after receipt or mailing of eueh
<br /> notice, whichever is final, under such
<br /> The Forester and his daly-authorized
<br /> Provision
<br /> ngents and inspectors shall have the right .
<br /> 3ubdiviaion 4. Assesement of Coats.
<br /> to enter upon private premisex, bat ex- The Forester shall keep a record of the
<br /> cluding housea used as private residences. costs of abatementa performed under this
<br /> at any reasonable time for the purpose of ordinance and shall report monthly to the
<br /> carrymg out the duties assigned to the Village Clerk all work done for whlch .
<br /> Forester under this ordinance, including assessments are to be made, atating and
<br /> inspection, treatment, cutting, burning certifying therein the deacription of the
<br /> or removing of diseased treea. land involved and the amount chargeable
<br /> Seciion 5. Abatement of Nuisances 6y to each parcel. On or before September
<br /> Property Ownera. 1 of each 9ear the Clerk shall list the
<br /> Subdivision 1. Notices Following An- total unpaid charges for such abatement .
<br /> nual inspection. Before November 1 of axainst each senarate lot or parcel to
<br /> each year the Forester shall notify each whieh they are attributable. Such chargea
<br /> owner of real estate within the Village may then be spread by the Council as a
<br /> where diseased treea have been loeated, apecial assesament againat the property
<br /> which notice 8hall contain the survey involved nursuant to the provisions of
<br /> information with reapect to diseased Chapter 429 of Minnesota Statutes> snd
<br /> trees upon the property and shall further eaid asaessments certified to the County
<br /> advise that, in accordance with Subdivi- Auditor as provided by law.
<br /> sion 2 hereof, the owner is required to Section 7. Interference Prohibited: it
<br /> remove or burn said trees bq March L is unlawful for any person to Drevent,
<br /> of the following year. Such notice shall delay or interfere with the Forester or
<br /> be repeated by the Forester between his agents while they are engaged in the
<br /> rehruary 1 and February lb of the fo]- performance of duties imposed by this
<br /> lowing year. Such notices shall be sent ordinance.
<br /> by certified mail with return receipt re- Section 8. Penaltiea. Any person,
<br /> ciueated to the Iast known address of said firm or corporation oiolating the provi-
<br /> owner; in the event that the certified sions of this ardinance shall be guilty of
<br /> mail iffi not delivered mailing by ordin- a miademeanor and, upon wnviction
<br /> ary mail to such addresa shall be deemed thereof, shall be punished by a fine of
<br /> sufficient notice. not more than $100.00 or imprisonment
<br /> The noticea to be sent under the pro- for not more than 90 days. Each seven
<br /> visions of this ordinance shall be sent day period, or any part thereof, follow-
<br /> to the occupant of the premises upon ing the first of March of any given year
<br /> which the subject trees are Iceated, if during which esid peraon, firm or cor-
<br /> those premisea are occupied, and also to poration allows a diseased tree (that has
<br /> the owner of such premiaes, if auch been marked aa such during the annual
<br /> owner has an address different from the survey) to remain on his property, ar to
<br /> subject Premisea and such address is dis- allow the parta or brush therefroxn to
<br /> closed by the records of the Ramsey remain on his property, shall constitute
<br /> County Treasurer. Reasonable inquiry by a separate violation hereunder.
<br /> ~ the Forester ar his agent shall be euffi- Section 9. 3everability. If any aec-
<br /> cient to meet thie requirement, and tion, paraRraph, clause or proviaioa of
<br /> telephone inquiry af the office of the this ordinance shall be declared by a
<br /> Ramsey County Treaeurer shall be deem- court the competent jurisdietion to be
<br /> ed reasonable inquiry for the purpose invalid, such decislon shall not affect
<br /> of ascertaining euch addresses. If the the validity of this ordinance as a whole
<br /> subject premises are unoccupied then or any other part thereof.
<br /> mailing to the address of the owner as Section 10. Effective Date. Thie
<br /> shown by the recorda of the Ramaey ordinance shall take effect and be in
<br /> County Treasurer shall be deemed suffi- force from and after its yaseage and "
<br /> cient. publication.
<br /> 3a6division 2. Removal of Dieeased Passed by the Council of the Vi11aBe
<br /> Trees; Burning. An owner of real of Arden Hille thia 14th day of Auguet,
<br /> estate in the ViHage who is thua notified 1967,
<br /> of the exietence on hie property of Robert E. Nethereut, Mayor
<br /> trees diseased with Oak Witt se pro- Atteat• Larraine E. 3tromquist
<br /> vided in Subdivieion 1 hereof muat by Administrative Clerk '
<br /> the first day of March of the following (Bullet3n: Aug. 17, 1867)
<br /> Year following auch original notice cut
<br />
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