|
<br /> STATE OF MINNESOTA down said diseased trees and remove all
<br /> COUNTY OF RAMSEY parts, brancbes and brush therefxam
<br /> VILLAGE OF ARDEN HILLS from the Village. In lieu of such remov-
<br /> ORDINANCE NO. 102 al the owner may, within the limits pre-
<br /> AN ORDINANCE PHOVID7NG APRO- scribed by aHHlicable Village ordinance>
<br /> GR.AM FOR THE PREVENTION OF 6urn said diseased tree or trees on his
<br /> OAIi WILT DI3EASE IN THE VIL- own premisea or upon such locations
<br /> LAGE OF ARDEN HILLS AND PRO- within the Village as may be designated
<br /> VIDING PENALTIES FOR VIOI.ATION for such purpose by tke Forester. The /
<br /> THEREOF. owner shall also poison the stumpa of ~
<br /> Section 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 aSProved by the
<br /> mined that the health of oak trees within Forester.
<br /> the municipal limits is threatened by a Section 6. Abatement By Village.
<br /> fatal tree disease commonly known as Subdiviseon 1. Following Annaal In- ~
<br /> spection. UPOn receipt and approval of
<br /> Oak Wilt Disease. It has further deter-
<br /> mined that the losa of oak trees growing the report of the Forester required by
<br /> upon public and private property would Section 4 hereof, the Council shall by
<br /> resolution order the nuisancex abated,
<br /> substantially depreciate the value of
<br /> bproperCy within the Village and impair ut such abatement shall be postponed
<br /> the safety, good order, general welfare until the first 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 Couneil 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• sectian. In the event the owner fails
<br /> that purpoae. or refuses to abate the nuisances as so
<br /> Section 2. Forester. The paeition of ~'e4uired then, following said March 1.
<br /> ~ orester is hereby created and the I'orester shall abate the nuisances of
<br /> Village F
<br /> any remaining diseased
<br /> the powera and duties of such office are trees by having
<br /> hereby conferred upon the Commission- Chem cut down and burned on the owners
<br /> er of Parka and Playgrounds as designat- nremises, or removed if burning is not
<br /> pfrom time to time by the Mayor with anceaermitted 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 /> Inspecti
<br /> ordinate, under the direction and control on. If after an emergency in-
<br /> of the Counci6 all activities of the Vi]- spection as suthorized by the proviaiorts
<br /> of this ordinance the P'orester finds that
<br /> lage relating to the control and preven-
<br /> the danger
<br /> tion of oak wilt disease. He shall recom- of the infestation of other
<br /> mend to the Council the details of a tx• miees from a diseased tree or trees ia im-
<br /> program for the eontrol of said disease nent, he shall notify the property
<br /> and perform the duties incident to such o~'ner by certified mail of the existence
<br /> dopted by the Council. of the nuisanees and shall further no-
<br /> a Section program 3. as N auisances Declared: Abate- tify the property owner that the nuisance
<br /> ment. Any tree within the Villa in- must be abated within a specified time,
<br /> ge not less than a days fram date of mail-
<br /> fected with Oak Wilt disease is declarecl ing such notice. Such other- and addi-
<br /> to constitute a nuisance; provided how- tional notice may be given the propertY
<br /> ever, nothing in this Ordinance shall owner as appears reasonable and prudent
<br /> apply to White Oaks or Burr Oalcs, to the Porester under the circumstances
<br /> which are apecifically excluded. It is un- then existing. The P'orester shall immedi-
<br /> lawful for any person to permit any ately report such action to the Council,
<br /> public nuisances as defined in this sec- fxnd after expiration of the time set forth
<br /> tion to rema~n on any premises owned or in the notice he may abate the nuisances
<br /> controlled by him within the Village of by having the diseased trees cut down .
<br /> Arden Hills. Sucli nuisances may be and burned on the owner's premises, or
<br /> abated in the manner prescribed by this removed if burning ia not allowed under
<br /> ordinance. applicable village ordinances.
<br /> Section 4. Inspection and Investiga- Subdivision 3. Request For Laboratory
<br /> tion. As early as possible after the ptiss- resting. Any owner oF rea] estate in
<br /> age of this ordinance in 1967, and be- the village who receives a notice as pro-
<br /> fore the firat af August in followmg v?ded herein, to the effect that Oak
<br /> years, the Forester shall enqage one or Wilt disease exists on trees on his .
<br /> more persons who by training and back- property, may request the Forester to
<br /> ground ax•e qualified to detect tLie nres- obtain a]aboratory test of one or more
<br /> ence of Oalc Wilt disease, and such per- of such trees. Such requests must be -
<br /> sons shall act as the duly-authorized made within fifteen (16) days after re-
<br /> agents of the I'orester. As soon as may ceipt or mailing notiee, whichever is
<br /> be done, and preferrably between Au- Cinal fls provided in Section 5 hereof. gust 1 and October 1 of each year, such Upon receipt of such requestthe For-
<br /> agents shall conduct a surcey of the ester shall promptly engage the services
<br /> Village to ascertam the location af trees of a qualified laboraEory to make such
<br /> infected with Oalc Wilt disease. Such tests. ]f the test confirms the original
<br /> agents shall take reasonable steDs to as- analysis that the tree is infected, the
<br /> certain the existence of the disease and re9uesting owner shal-l pay all expensea
<br /> then shall mark each infected tree and and charge incu-rred therefore by the Vil-
<br /> report the results of the survey to the la$e. If the test discloses that the tree is
<br /> Forester before October 16 of each year. nat so diseased, the Village shall bear a11
<br /> The Forester shall m turn report the of such costs and the Forester shall re- results of the survey to the Council at move the tree from the list of disea,sed
<br /> its next fo]]owing meeting. ts•ees. If the test conFirms the origina]
<br /> In addition to such regular inspections analysis that the tree is diseased, notice
<br /> the Porester shall, whenever he deems thereof shall be sent the owner by the
<br /> it necessary to have an additional in- P'orester as provided in Section 5, Suhdi- -
<br /> spection, similarly engabe agents for cision 1 hereof, and the owner shall ce-
<br /> such surveys, and the results of su^.h move such tree or trees within one
<br /> inspections shall be duly reported to tne weelc after receipt or mailing of such
<br /> Council. notice, whichever is final under euch
<br /> The I'orester and his duly-authorized provision. -
<br /> agents and inspectors shall have the riglit Subdivision 4. Assessment of Coats. to enter upon private premises, but es- The Forester shall keep a record of the
<br /> cluding houses used as private residences. costs of abatements 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 which Porester under this ordinance, ineludinm a,ssessments are to be made, stating and
<br /> insnection, treatment, cutting, burning certifying therein the description of the
<br /> or removing af diseased trees. land involved and the amount chargeable
<br /> Section 5. Abatement of Nuisancex by to each parcel. On or before September
<br /> Property Owners. 1 of each year the Clerk shall list the
<br /> Subdiviaion 1. Notices Following An- total unpaid charges for such abatement
<br /> nual dnspection. 7aaf~*o Nn..a,,,hnr• 1 ~e ngainst each separate lot or parcel to .
<br /> each year the Forester shall notif ch which they are attributable. Such charges
<br /> owner o rea es a e wi in e Villave may then be spread by the Counci] as a
<br /> w ex•e iaQas trees have been ocat snecial assessment against the property
<br /> wFie notice shall contain t e~- s' urvey involved nursuant to the provisions o4
<br /> informntion with respect t) diseased Qhanter 429 oF Minnesota Statutes, and
<br /> tx•ees upon the praperty and shall further said assessments certified ta 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. Interfeience Prohibited. It remove or burn said trees by March 1 is unlawful for any person to prevent,
<br /> of the followmg year. Such notice shall delay or interfere with the Forester or
<br /> be repetited by the Forester between his agents while they are engaged in the
<br /> I'ebruary 1 and February 15 oF the fo]- performance of duties impoaed by this
<br /> ]owing year. Such notices shall be sent ordinance.
<br /> by certified mail with return receipt re- 'Section S. Penaltiea. Any person, -
<br /> 4ues e o e as known address of said firm or corporation violating the provi-
<br /> owner; in the event that the certifled sions of this ordinance shall be guilty of
<br /> mai] is nat delivered mailing by ordin- a misdemeanor and, upon conviction
<br /> ary mai] 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 nro- for not more than 90 days. Each seven
<br /> visions of this ordinance shall be sent day period, or any pait thereof, follow-
<br /> to the oceupant of the premises upon ing the first of March of any glven year
<br /> which the subject trees are ]ocated, if during which said person, firm or cor-
<br /> those premises are occupied, and also to poration allows a diseased tree (that has
<br /> the owner of such gremises, if such been marked as such daring the annual
<br /> owner has an address different from the survey) to remain on his property, or to
<br /> subject premisea and such address is dis- allow the Parts or bruah therefram to
<br /> closed by the records of the Ramsey remairi on his property, shall conatitute
<br /> County Treasurer. Reasonable inquiry hy a separate violation hereunder.
<br /> ~ the Forester or his agent shall be suffi- 3ection 9. Severability. If any eee-
<br /> cient to meet this requirement, and tion, paragraph, clause or provision of
<br /> telephone inquiry of the office of the this ordinance shall be declared by a
<br /> Ramsey County Treasurer shall be deem- court the competent juriediction to be
<br /> ed reasonable inqwry for the purpose invalid, such decision shall not affect
<br /> of ascertaining such addressea. 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 records of the Ramsey ordinance shall take effect and be in
<br /> County Treasurer shall he deemed suffi- force from and after ita
<br /> ci passage and
<br /> ent, -
<br /> Subdivision 2. pubIication.
<br /> Removal of Diseased Passed by the Council of the Village
<br /> Treea; Burning. An owner of real of Arden Hills this 14th daY of Auguat,
<br /> estate in the Village who ia thus notified 1967.
<br /> of the existence on his property of Robert E. Nethercut, Mayor
<br /> treea diseased with Oak Wilt as pro- Attest: Lorraine E. Sbromquist
<br /> vided in 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 />
|