|
<br /> STATE OF MINNESOTA down said diseased trees and remove all ,
<br /> COUNTY OF RAMSEY parts, branches and bruah therefirom
<br /> VILLAGE OF ARDEN ffiLLS from the Village. In ]ieu of auch remov-
<br /> ORDINANCE NO. 102 al the owner may, within the limita Drr . ~
<br /> AN ORDINANCE PROVIDING A PRO- scribed by applicable Village ordinance, \
<br /> GRAM FOR THE PREVENTION OF burn said diseased tree or trees on his vl
<br /> OAK WILT DISEA3E IN THE VIL- own Bremiaes or upon sueh locatione LY
<br /> LAGE OF ARDEN HILL3 AND PRO- within the Village as may be designated X~
<br /> VIDING PPsNALTIES FOR VIOLATION for such purpose by the Forester. The ~
<br /> THEREOF. owner shall also poison the atumpa of l~
<br /> Section 1. Declsration Of Policy. The ' the trees diseased with Oak Wilt in
<br /> Village Council of Arden Hilla has deter- such manner as may be aDProved by the O \Q\
<br /> mined that the health of oak trees within I'orester. ~
<br /> the municiga] limits is t6reatened by a Section 6. Abatement By Vlllage.
<br /> fatal tree disease commnnly known as Subdivision 1. Following Annual In-
<br /> Oak Wilt Disease. It has further deter- spection. Upon receipt and apDroval of
<br /> mined that the loas of oak trees growing the report of the Forester required by
<br /> ?pon public and private property would Section 4 hereof, the Council shall by
<br /> resolution order the nuisances abated,
<br /> substantially depreciate the value of
<br /> .
<br /> b
<br /> propert9 within the Village and impair ut such abatement shall be D~tpaned
<br /> the safety, good order, Beneral welfare until the first day of M~rch 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 aa provided in the previous
<br /> diseases and this ordinanee is enacted for section. -In the event the owner fails
<br /> that purpose. or refuses to abate the nuisances as so
<br /> required then, following said March 1,
<br /> Section 2. Foregter. The position of
<br /> the Foreste shall
<br /> Village I'orester ia hereby created and r abate the nuisances of
<br /> ~ the Bowers and duties of sueh office are any remaining diseased trees bY having
<br /> hereby conferred upon the Commission- them cut down and burned on th0 ownera
<br /> er of Parks and Playgrounds as designat- Premisea, or removed if burning is not
<br /> ed from time tio time by the Mayor with ancespermitted under apPlicable village ordin-
<br /> the concu•rrenee of the Council. .
<br /> Sabd'eviaion 2. Following Emergency
<br /> It ia the duty of the Forester to co.
<br /> Inspection. If after
<br /> ordinate, under the direction and control an emergency in-
<br /> of the Council, all activities of the Vil- spection as suthorized by the provieiona
<br /> of this ordinance the Forester finda 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 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 perform the duties incident to sueh owner bY certified mail of the existence
<br /> adopted by the Council. of the nuisances and shall £urther no-
<br /> a S prograectionm 3. aa Nuisances 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 /> nat lese than
<br /> fected with Oak Wilt disease is declared 6 days fram date of mai]-
<br /> to constitute a nuisance; provided how- ~ng such notice. Such other and addi-
<br /> ever, nothing in this Ordinance shall tional notice may he Riven the property
<br /> owner as appeara reaeonable and grudent
<br /> apply to White Oaks or Burr Oaks,
<br /> to the
<br /> which are specifically excluded. It ia un_ I'orester under the circumstances
<br /> lawful for any peraon to permit any then existing. The I'orester shall immedi-
<br /> public nuisancea as defined in this sec- <<~ly 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 Village 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 the manner prescribed by thie burned on the owner's premiaes, or
<br /> removed if burning is not allowed under
<br /> ordinance.
<br /> Section 4. Inapection and Investiga- aDnlicable village ordinances.
<br /> tion. As early as possible after the pass- Subdivision 3. Reqaest For Laboratory
<br /> age of this ordinance in 1967, and be- Teating. Any owner of real estate in
<br /> fore the first of August in followin the village who receives a notice as pro-
<br /> 6 vided herein, to the effeet that Oak
<br /> years, the Forester shall engase one or Wilt disease exists on trees on his
<br /> more persons who by training and back. property, may requesE the Forester to
<br /> ground are qualified to detect the n!'es- ohtain a]aborator9 test of one or more
<br /> ence of Oak Wilt disease, and such per•- of such trees. Such requesta must be
<br /> sons shall act as the duly-authorized made within fifteen (15) days after re-
<br /> agents of the Forester. As soon as may ceipt or mailing notice, whichever is
<br /> be done, and preferrably between Au. final as provided in Section 6 hereof.
<br /> gust 1 and October 1 of each year, such Upon receipt of such request the For-
<br /> agents shall conduct a survey of the ester shall promptly engage the services
<br /> Villase to ascertain the location of tx•ees oE a qualified laboratory to make ench
<br /> infected with Oak Wilt disease. Such tests. If the test confirma the original
<br /> agents shall take reasonable stens to as- analysis that the tree is infected, the
<br /> certain the existence of the disease and re4uesting owner ahal~l pay all expenses
<br /> then shall mark each infected tree and and chax•ge incurred therefore bY the Vil-
<br /> report the results of the eurvey to t6e Iage. If the test diacloses that the tree is
<br /> Forester before Octaber 15 of each year, not so diseased, the Yillage shall bear all
<br /> The Forester shall in turn report the of such eosts and the F'orester shall re-
<br /> results of the survey to the Council at move the tree from the ]ist of diseased
<br /> its next following meeting. trees. If the test- confirma the original -
<br /> In addition to auch regular inspections zinalysis that the tree is diseased, notice
<br /> the I'orester shall, whenever he deems thereof shall be aent the owner by the
<br /> it necessary to have an additional in- Forester as provided in Section 6, Subdi-
<br /> spection, simalarly engage aaents for vision 1 hereof, and the awner shall re-
<br /> such aurveys, and the results of su~h move such tree or trees within one
<br /> inspections shall be duly reported to the weelc after receipt or mailing of such
<br /> Council. notice, whichever is final under such
<br /> The Foreater and his duly-authorized provision.
<br /> agents and inspectors shall have the right Subdiviaion 4. Aseeaement of Costa.
<br /> to enter upon private premises, but ex- The Forester shall keep a record of the
<br /> cludfng houses used as private residences. costs oP abatements performed under this
<br /> at any reasonable time for the nurpose of ordinance and shall report monthly to the
<br /> carrying out the duties assigned to the Village Clerk all work done for which
<br /> Forester under this ordinance, includinn assessments are to be made, stating and
<br /> inspection, treatment, cutting, burning certifying therein the description oF the
<br /> or removing of diseased Crees. land involved and the amount chargeable
<br /> Section 5. Abatement of Nnisances by to each parcel. On or before September
<br /> Property Owners. 2 of each year the Clerk shall ]ist the
<br /> Subdiviaion 1. Noticee Following An- total unpaid charges for such abatement
<br /> nual Inspection. Before November 1 of afiainst each separate lot or parcel to
<br /> ench 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 Council 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 proviaions of
<br /> information with respect to diseased Chapter 429 of Minnesota Statutes, and
<br /> trees upon the property and shall further said assessments certified to the County
<br /> advise that, in accordanee with Subdivi- Auditor as grovided by law.
<br /> sion 2 hereof, the owner is required to Section 7. Interference Pmhibited. It
<br /> remove or burn said treea by March 1 ' is unlawful for any person to prevent,
<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 /> rebruary 1 and February 15 of the Fol- performanee of dutiea impoaed by thia
<br /> lowing year. Such notices shall be sent ordinance.
<br /> by certified mail with return receipt re- Section S. Penalties: Any Berson,
<br /> quested to the last known address 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 is not delivered mailing by ordin- a miademeanor and, upon conniction
<br /> ary mail to auch address shall he deemed thereof, shall be punished by a fine of
<br /> sufficient notice. not more than $100.00 or fmpr9sonment
<br /> The notices to be aent under the pro- for not more than 90 days. Each seven
<br /> visions of this ordinance shall be aent day period, or any pQrt 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 said person, firm or cor-
<br /> those prcmises are cecupied, and also to poration allowa a diseased tree (that has
<br /> the owner of such premises, if such been marked as such during the annual
<br /> owner has an address different from the survey) to remain on his property, or to
<br /> subject premises and such addresa is dis- allow the parts or brush therefrom to
<br /> closed by the records of the Ramsey rematn on his property, shall conatitute
<br /> County Treasurer. Reasonable inquiry b,y a separate violation hereunder.
<br /> ~ the Forester or his agent shall be suffi- 3ection 9. 3evera6tlity. If any eec-
<br /> cient to meet this requirement, and tion, paragraph, clause or proviaiott of
<br /> telephone inquiry of the office of the thia ordinanee shall be declared by a
<br /> Ramsey County Treasurer shall be deem- court the competent juriadiction to be
<br /> ed reasonable inqmry for the purpose invalid, such decision shall not affect
<br /> of aecertaining such addresses. If the the validity of this ordinance as a whole
<br /> subject premisea are unoccupied then or any other part thereof.
<br /> mailing to the address of the owner as Section 10. Efiective Date. Thia
<br /> ahown by the records oF the Ramaey ordinance shall take effect and be in
<br /> County Treasurer shall be deemed suffi_ force from and after its paasage and cient. publication.
<br /> 3ubdivision 2. Removal of Diseased Passed by the Councii of the Viliage
<br /> Treea; Buming. An owner of real of Arden Hille thia 14th da9 of AuBuat,
<br /> estate in the ViJlage who ia thua notified 1967.
<br /> of the existence on hia property of Robert E. Nethercut, Mayor
<br /> trees diseased with Oak Wilt as pro- Attest: Iarraine E. Sbromqnist
<br /> vided in Subdivision 1 hereof must by Adminiatrative Clerk
<br /> the firat day of March of the following (Bulletin: Aug. 17, 1967)
<br /> . Year following auch original notice cnt -
<br />
|