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<br /> STATE OF MINNESOTA down said diseased trees and remove all
<br /> COUNTY OF RAMSEY parts, branches and brush therefTOm
<br /> VILLAGE OF AR.DEN HILLS from the Village. In lieu oF euch remov-
<br /> ORDINANCE NO. 102 al the owner may, within the limite pre-
<br /> AN ORDINANCE PROVIDING A PRO- scribed by applicable Village ordinance,
<br /> GRAM FOR THE PREVENTION OF burn said diaeased tree or trees on his
<br /> OAK WILT DISEA3E IN THE VIL- own premises or upon such locatione
<br /> LAGE OF ARDEN HILLS AND PRO- within the Village as may be designated
<br /> VIDING PENALTIES FOR VIOLATION for such purpose by the Foreater. The
<br /> THEREOF. owner shall aleo poison the atumps of
<br /> 3ection 1. Declaration Of Policy. The the trees diseased with Oak Wilt in
<br /> Village Council of Arden Hills has deter- such manner as may be apBroved by the
<br /> mined that the health of oak trees within I'orester.
<br /> the municipal limite is threatened by a Section 6. Abatement By Village.
<br /> fatal tree disease commonly known as Su6diviaion 1. Following Annual In-
<br /> Oak Wilt Disease. It has further deter- spection. Upon receipt and approval of
<br /> mined that the ]oss of oak trees growing the report of the Foreater required by
<br /> upon public and private praperty would Section 4 hereof, the Counci] shall bq
<br /> resolntion order the nuisances abated,
<br /> substantially depreciate the value oE
<br /> b
<br /> property within the Village and impair ut auch abatement shall be poatDQned
<br /> the safety, good order, general welfare until the firat day of March of the year
<br /> following such resolution in order that
<br /> and convenience of the public. It is de-
<br /> the
<br /> clared to be the intention of the Council owner of the property 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 nuisancea as ao
<br /> Section 2. Foreater. The poaition of required then, following said Mareh 1,
<br /> the I'orester shall abate the nuisances of
<br /> Village Forester ia hereby created and
<br /> flny remaini
<br /> the powers and duties of such office are ng diseased trees by having
<br /> hereby conferred upon the Commission- them cut down and burned on the owners
<br /> er of Parks and Playgrounds as designat- Premises, or removed if burning ia not
<br /> from time to time by the Mayor with Perm ancesitted under applicable village ordin-
<br /> ed the concurrence of the Council. .
<br /> subdivision 2. Following Emergency
<br /> It is the duty of the Forester to co-
<br /> Inspection
<br /> ordinate, under the direetion and control . If after an emergency in-
<br /> of the Council, all activities of the Vil- sPection as autharized by the provisions
<br /> of this ordinance the Forester finda that
<br /> lage relating to the control and preven-
<br /> the
<br /> tion of oak wilt disease. He shall recom- danger of the infestation of other
<br /> mend to the Council the details of a mitrees from a diseased tree or treea ie im-
<br /> program for the wntral of said disease nent, he shall notify the property
<br /> and perForm the duties incident to such owner by certified mail of the existence
<br /> dopted by the Council. of the nuisances and shall further no-
<br /> a Section program 3. as aNuisances Declared: Abate- tify the property owner that the nuisance
<br /> must be abated within a specified time,
<br /> ment. Any tree within the Village in-
<br /> not l
<br /> fected with Oak Wilt disease is declarecl ess than a days fram date of mai]-
<br /> to constitute a nuisance; provided how- ~ng sueh notice. Such other and addi-
<br /> ever, nothing in this Ordinance shall tional notice may be given the property
<br /> owner as appears reasonable and prudent
<br /> apply to White Oaks or Burr Oaks,
<br /> to the
<br /> which are specifically excluded. It is un- Forester under the circum9tances
<br /> for any peraon to permit any atethenly existing. The Forester shall immedi-
<br /> lawfapublicl nuisances as defined in this sec- report such action to the Council.
<br /> and after expiration of the time set forth
<br /> tion to remain on any premises owned or
<br /> icontrolled by him within the Villase of n the notice he may abate the nuisances
<br /> by having the diseased trees cut down
<br /> Arden Hills. Such nuisances may be
<br /> and
<br /> abated in t6e manner prescribed by this burned on the owner's premises, or
<br /> removed if burning is not allowed under
<br /> ordinance.
<br /> a
<br /> Section 4. Inspection and Investiga- ~,~licable viliage ordinances.
<br /> tion. As early as possible after the pass- Subdivision 3. Requeat For Laboratory
<br /> age of this ordinance in 1967, and be- Testing. Any owner of rea] estate in
<br /> ore the first of August in following the v~ded village who receivea a notice as pro-
<br /> fyears, the Forester shall engage one ox herein, to the effect that Oak
<br /> more persons who by training and back- Wilt disease exists on trees on his
<br /> ground are 4ua]ified to detect the nres- Droperty, may request the Forester to
<br /> ence of Oak Wilt disease, and such per- obtain a laboratory test of one or more
<br /> sons shall act as the du!y-auEhorized of euch trees. Such requeats must be
<br /> agents of the Porester. As soon as may made within fifteen (I5) daya aEter 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 Section 5 hereof.
<br /> shall conduct a survey of the ester UPOn receipt of such request the For-
<br /> agenta Village to ascertain the location of trees shall promptly engage the services
<br /> of a qualified laboratory to make auch
<br /> infected with Oak Wilt disease. Such
<br /> tests
<br /> agents shall take reasonable steps to as- . If the test confirms the original
<br /> certain the existence of the disease and analysis that the tree is infected, the.
<br /> then shall mark each infected tree and re9uesting owner shall pay a? expenses
<br /> report the results of the survey to the and charge incuxred therefore by the Vi]-
<br /> 1 orester before October 16 of each year. lage. If the test diaeloses that the tree is
<br /> The Forester shall in turn report the not so diseased, the Village shall bear all
<br /> results of the survey to the Council at Qf such costs and the Foreater shall re-
<br /> its nc~ct following meeting. move the tree from the list of diseased
<br /> In addition to such regular ins ections trees. If the test confirms the origina]
<br /> p :inalysis that the tree is diseased, notice
<br /> the I'orester shall, whenever he deems thereof shall be sent the owner by the
<br /> it necessary to have an additional in- Torester as provided in Section b, Subdi-
<br /> spection, similarly engage agents for vision 1 hereof, and the owner shall re-
<br /> such surveys, and the results af su^h move such tree or trees within one
<br /> inspectiona shall be duly reported to the week after receipt or mailing of such
<br /> Council. notice, whichever is final under euch
<br /> The P'orester and his duly-nuthorized
<br /> agents and inspectors shall have the right Provision.
<br /> to enter upon private premises, but ex- Subdivision 4. Assessment of Costs.
<br /> cluding houses used as private residences. The Forester shall keep a record of the
<br /> at any reasonable time for the purpose of costs of abatements performed under this
<br /> ordinance and shall report monthly to the
<br /> carrying out the duties assigned to the Village Clerk all work done for which
<br /> I'orester under this ordinance, including assessmentg are to be made, stating and
<br /> inapection, treatment, cutting, burning certiFying therein Lhe descriptian of the
<br /> or removing of diseased Urees. land involved and the amount chargeable
<br /> Section 5. Abatement of Nnisancea by to eaeh parcel. On or before September
<br /> Property Ownera. 1 of each year the Clerk shall list the
<br /> Subdivieion 1. Noticea Following An- total unpaid charges for such abatement
<br /> nual Inepection. Before November 1 of aRainst each separate lot or parcel to
<br /> each year the Forester shall notify each which they are attributable. Such charges
<br /> owner of real estate within the Village may then be spread by the Counci] as a
<br /> where diseased trees have been located, special assessment againat the property
<br /> which notice shall contain the survey involved Pursuant to the provisions of
<br /> information with respect to diseased Chapter 429 of Minnesota Statutes, and
<br /> trees upon the property and shall further said assesaments 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 Prahi6ited. It
<br /> remove or burn said trees by March i is unlawful for any person to prevent,
<br /> of the following year. Such notice shall delay or interfere with the Eoreater or .
<br /> be repeated by the Forester between his agenta while they are engaged in t6e
<br /> February 1 and Febniary 15 of the fol- performanee of duties impased by this
<br /> lowing year. Such notices shall be sent ordinance.
<br /> by certified mail with return receipt re- Section 8. Penaltiea. An9 Person,
<br /> yuested to the last known addreas of said firm or corporation violating the provi-
<br /> owner; in the event that the certified sions of this ordinance shall be guiltY of
<br /> mail i$ not delivered mailing by ordin- a misdemeanor and, upon conviction
<br /> ary mail to such address shall be deemed thereof, shall be punished by a fine of
<br /> sufficient notice. not more than $100.00 or imprisonment
<br /> The notices 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 premisea upon ing the first of March of any given year
<br /> which the subject trees are located, if during which said peraon, firm or cor-
<br /> those premisea are occupied, and also to poration allows a diaeased tree (that has
<br /> the owner of such premises, if such Ueen marked as such during the annua]
<br /> owner has an address different from the survey) to remain on his property, or to
<br /> snbject premises and such address is dis- allow the parta or brush therefrom to
<br /> closed by the records of the Iiamsey remain on his property, shall constitute
<br /> County Treasurer. Peasonable inquiry by a separate violation hereunder.
<br /> the Forester or his agent shall be suffi- 3ection 9. 3everability. If any eec-
<br /> cient to meet this requirement, and tion, paraSraph, clause or proviaion of
<br /> telephone inqmry of the office of the this ordinance shall be declared by a
<br /> Ramsey County Treasurer shall be deem- court the competent jurisdfction to be
<br /> ed reasonable inquiry for the purpose invalid, auch decision shall not affect
<br /> of ascertaining such addressea. If the the validity of this ordinance as a whole
<br /> subject premisea are unoceupied then or an9 ather part thereof.
<br /> mailing to the address of the owner as 3ection 10. Effective Date. This
<br /> shown by the reeords of the Ramaey ordinance shall take effect and be tn
<br /> County Treasurer shall be deemed auffi- force from and after ita passage and
<br /> cient. publication.
<br /> Sabdiviaion E. Removal of Diaeaaed passed hy the Council oi the Village
<br /> Trees: Batning. An owner of real of Arden Hills this 14th day of August,
<br /> eatate in the Village who is thus notified 1967,
<br /> of the existence on hia propert9 of Robert E. Nethercut, Mayor
<br /> trees diseased with Oak Wilt as pro- Attest; Lorraine E. Stromquist
<br /> vided fn Subdivision 1 hereof must by Adminiatrative Clerk
<br /> the first day of March of the following (Bulletin: Aug. 17, 1967)
<br /> Year following such original notice cut
<br />
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