#186 Establish Shade Tree Disease Control

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STATE OF MINNESOTA Ordinance, including inspecTion, ireatment, cuTting, abatemenT againsT each separaTe lot or parcel To which COUNTY OF RAMSEY burning or removing of diseased shade irees. the same is attributable. ThereafTer, such charges may CITY OF ARDEN HILLS Section 5. AbaTement of Nuisances by Property ihen be spread by the Council as a special assessmenT ORDINANCE NO. 186 Owners. againsi the properiy benefited by such abatemenT, and AN ORDINANCE ESTABLISHING A SHADE TREE (a) Notices to Property Owners. After each of the said assessmenT certified to the County Director of DISEASE PREVENTION AND CONTROL PROGRAM, aforesaid inspections and investigations, whenever the Property TaxaTion as provided by law. PROVIDING PENALTIES FOR VIOLA710N ForesTer or the Tree inspecTor(s) has found with a SectionB.RequestofPropertyOwnerforLaboraTOry THEREOF, AND REPEALING ORD. NO. 102 reasonable certainTy that a shade tree or any wood 7esting. Any owner of real estaTe in the City who The City Council of Arden Hills ordains: Therefrom harbors shade Tree disease to such an extenT receives a noTice as provided herein to the effecT ihat Section 1. Declaration of Policy. The City Council of That the same constituTes a ihreaT of infestation of shade shade irees or wood, or both as the case may be, on his the CiTyof Arden Hills has deTermined that the health of Trees in proximity ThereTo, the Forester shallmark the property harbor shade Tree disease and must be oak Trees and elm irees, hereinafter sometimes diseased shade irees or wood or both as the case may be removed within the Time specified in such notice, may col lectively referred to as "shade irees," within the in a visible manner and noTify each owner of real esTate request the Forester To obtain a IaboraTOry Test of one or municipal limiTS are threatened by faTal Tree diseases within the CiTy whereon such diseased shade Trees or more ot such Trees. Such request must be made no laTer commonly known as "oakwilt disease" and "Dutch elm wood, or both as the case may be, are located, which ihan the daTe on which such Trees or tliseased wood are disease" respectively, hereinafter someTimes collec- notice shall conTain the inspecTion information with to be removed from the premises, as specified in the Tively referred to as "shade iree diseases." IT has respecT to diseased shade irees upon the property and writfen notice from the City to the owner as provided furTher deTermined that the loss of shade trees growing shall turther advise That, in accordance with the herein, by written noTice from the owner to the Forester upon public and private properTy would substanTially provisions of This Ordinance, the owner is required To sent by certified mail wiTh return receipt requesTed. depreciate the value of property within the City and remove said trees or wood, or both as the case may be, Upon receipT of such requesi, the ForesTer shall impair the safeTy, good order, general welfare and within a timespecified in such notice, which shall be noT Promptly engage the services of the Minnesota convenience of the public. Accordingly, it is hereby less }han five (5) days nor more ihan iwenTy (20) days Depariment of AgriculTure or a qualified laboratory to declared to be the intention of the Council To conirol and from the date of mailing ihereof. Such notices shall be make analyses of appropriaTe specimens or samples of prevent the spread of shade tree diseases, and this senT by certified mail with return receipt requested To the allegedly diseased shade irees. If such analyses Ordinance is enacTed for ihat purpose. the last known address of said owner. In the event ThaT confirm the original diagnoses ihaT said shade irees are Section4.Forester.ThepositionofCiTyFOresteris ihecertifiedmailisnotdelivered,mailingbyordinary infecTedorihewoodThereofdiseased,orbothwhichever hereby created and the powers and duties of such officer mail to such address shall be deemed sufficienT notice. the case may be, the requesting owner shall pay all are hereby conferred upon such person as designated The notices to be sent under the provisions of this expensesand charges incurred for such analyses bythe from time to time by the Mayor with the concurrence of Ordinance shal I be senT To the occupant of premises City. If the test discloses ihat said trees or wood are noT the Council. upon which such diseased shade Trees or wood, or both so diseased, the City shall bear all such cosis and the It shall be the duTy of the ForesTer to coordinaTe, as the case may be, are located, it ihose premises are Forester shall removesaid ireesorwood from the IisTOf under the direction and control of the Council, all ac- occupied, and also toTheownerof such premises, if such diseased trees. If the tesT confirms the original Tivities of the City relaTing to the conirol and prevention owner has an address differenT from the subiecT diagnoses ihat the irees or wood or boTh as the case may of shade iree diseases. He shal I recommend to the premises and such address is disc!osed by the records of be, are diseased, noTice ihereof shal I be sent the owner Council the detai I5 of a program for the conirol and the Ramsey County Depariment of Property Taxation. by the Forester as provided in SecTion 5 hereof, and the prevenTion of said diseases and perform the duTies in- Reasonable inquiry by the Forester or the iree in- owner shall remove such diseased trees or wood or both cident to such a program as adopTed by the Council. specTOr(s) shal I be sufficienT To meet This requirement, as the case may be, within one (1) week afTer receipt or Secfion 3. Nuisances Declared. The following are and telephone inquiry of the office of the Ramsey mailing of such notice, whichever is final under such hereby declareq public nuisances whenever and CounTy DeparTment of Property TaxaTion shall be provision. wherever ihey may be found within the CiTy of Arden deemed reasonable inquiry for the purpose of ascer- Section 9. Spraying or Treatment of Shade Trees. Hills: taining such addresses. If the subiect premises are Whenever the ForesTer determines ihat any shade Tree (a) Any living or standing elm iree or part ihereof unoccupied, Then mailing to the address of the owner as or shade iree wood within the City of Arden Hills is infected to any degree with the Dutch elm disease shown by the records of the Ramsey County Depart- infecfed with shade iree disease, he may spray or ireaT fungus Ceratocystis Ulmi (Buisman) Moreau or which ment of ProperTy TaxaTion shall be deemed sufficient. all nearby high value shade irees or wood by such harbors any of the elm bark beetles Scolytus (b) Removal of Diseasetl Shade Trees. An owner of chemical or mechanical means as will be effective to MultisTriaTUS (Marsham) or Hylurgopinus Rufipes real estate in the City of Arden Hills who is notified of prevenT as fully as possible the spread of shade tree (Eichhoff) the exisTence on his property ot shade irees or wood disease ihereto. The Forester may also cause the (b) Any dead elm tree or part ihereof, including legs, iherefrom, or both as the case may be, harboring shade diseased shade Trees or wood to be sprayed or TreaTed by branches, stumps, firewood or oTher elm material from free disease shal I within the Time specified in said chemical or mechanical means so as likewise to conirol which the bark has not been removed and burned or writTen noTice cut down each said diseased iree, remove the possiblespread of shade iree disease To neighboring, sprayed with an effective elm bark beeTle insecticide; all paris, branches and brush Therefrom, and fransport high value shade irees. Such procedure shall be carried and all said parts, branches and brush from said diseased out in accordance with currenT Technical and expert (c) Any Tree, exclusive of bur or white oak trees, with irees and any such diseased wood from such premises To opinions and plans of the Minnesota Department of any manifestation of oak wilT disease. auThorized disposal or chipping sites; provided, AgriculTure and under the supervision of such DeparT- IT shall be unlawful for any person To permit any however, Thatwith respectto the iransportation of wood ment whenever possible. 7he cosTs of such spraying or public nuisance, as herein defined, to remain on any from diseased elms, it shall be unlawful for any person treatment shall be borne by the CiTy. premises owned or controlled by him wiThin the City of To TransporT within the City of Arden Hills any bark- The Forester shall notify, in the manner provided in Arden Hills. Such nuisances may be abated in the bearing elm wood wiThout having firsT obtained a SecTion 5 hereof, each owner of real estate wiThin the manner prescribed by ihis Ordinance. permi} from the Forester who shall grant such permiTs Cify of the date after which shade trees on his properTy SecTion 4. Inspection by Certified Tree Inspector. As only when the purposes of This Ordinance will be served shall be sprayed or ireated, which daTe shall noT be less soon as possible after the passage of ihis Ordinance, the ihereby. than five (5) days from the date of mailing such noTice. Forester shall engage one or more persons, each of The owner shall in addition to cutting down and Section 10. Interference Prohibifed. IT shall be whom shall have been issued a certificaTe from the removing diseased shade Trees or removing diseased unlawful for any person to prevenT, tlelay or inTerfere Minnesota Department of AgriculTure pursuant to wood fherefrom, or boTh as the case may be, poison the wiTh the ForesTer or his tree inspector(s) or agenTs M.S.A. SecTion 18.023, Subd. 5, as amended, certifying stumps of }rees diseased with oak wilT and shall debark while They are engaged in the performance of duTies that he is a qualified iree inspector, for the purposes of To the ground line the stumps of irees diseased with imposed by ihis Ordinance. inspecting any publ ic or private properties, upon prior DuTCh elm disease in such manner as may be approved Section 11. Penalties. Any person, firm or corporation notification, to detect shade irees harboring shade tree by the Forester. violating the provisions of This Ordinance shall be guilty diseases, which inspector(s) shall act as the duly- Section 6. Abatement by City. Following the in- of a misdemeanor and, upon conviciion thereof, shall be authorized agent(s) of the Forester. Nothing herein spections or emergency investigations provided for in punished by a fine of not more Than $300.00 or im- shall preclude ihe Forester himself from being certified Sedion 4 hereof, and upon the Council's receipt and prisonment for not more Than nineTy (90) days, or boTh. by the MinnesoTa DeparimenT of Agriculture as a approval of the report of the Forester of his fintlings as a Each day following the daTe on which said person, firm qual ified iree inspector and acting as such on behalf of result of said inspections or investigations, the Council or corporation was to have removed any diseased shade the City. shall be resolution order the nuisances abaTed, but such iree or wood iherefrom, as specified in written notice The Tree inspector(s) shall inspecT all premises and abatemenis shall be posTponed until the time specified ihereto given pursuant to the provisions of ihis Or. places, both publ ic and private, wiThin the CiTy of Arden for each property owner to abate such nuisances in dinance, said person, firm or corporation has al lowed Hills as ofTen as is pracTicable and aT IeasT Twice each notices Thereto, as provided in the previous SecTion the same To remain on his property, or has allowed the year - before June 1 of each year and on or shorTly hereof, has expired without the owner having abaTed paris or brush iherefrom To remain on his properTy, afTer August 1 of the same year - To detect and mark such nuisances as provided in such noTice. In the event shall consTitute a separate violation hereunder. the location of all shade Trees infecTed with shade Tree the owner fails or refuses to abate the nuisances as so Section 12. Severability. If any section, paragraph, diseases and report the resulis ot such inspeciions to the required, ihen the ForesTer shal I abate the nuisances by clause or provision of This Ordinance shall be declared Forester immediaTely after each such inspection has cutting down diseased shade trees and removing all by a Court of compefent iurisdiciion to be invalid, such been conducted. The ForesTer, or such iree in- paris, branches and brush ihereof, TogeTher with any decisionshallnotaffectThevalidityofihisOrdinanceas spector(s), may send appropriaTe specimens or sam- diseased wood of any diseased shade irees located on a whole or any oTher part ihereof. ples To the MinnesoTa DeparTmenT of Agriculture for the premises, from the premises to authorized disposal Section 13. Repeal of Ord. No. 102. Ordinance No. 102, analysis, or take such other steps for diagnosis as may or chipping siTes. The cost of the City's abaTing such enTitled "An Ordinance Providing a Program for the be recommended by the DeparTment. In any evenT, the nuisances in the aforesaid manner shall be billed to the PrevenTion of Oak Wilt Disease in the Village of Arden Forester shall, upon receipt of the resulis of such in- owner or occupanT of premises upon which the Hills and Providing Penalties for Violation Thereof," specTions, report them to the Council at its next nuisances exisfed and were abated. passed by the Council on the 14th day of August, 1967, is following meeting. Section 7. Assessment for Nuisance AbatemenT. If the here6y repealed in its entirety. I n addition To the foregoing inspections, it shall be the owner, or occupant, shall fail to pay the bill, as provided Section 14. Effective Date. This Ordinance shall take duty of the Tree inspector(s) to invesTigate all reporTed for in the previous SecTion hereof, within ihirty (30) effect and be in force from and after its passage and incidenTS of infestation by Dutch elm fungus Or elm bark days of the daTe Thereof, the Council may ihen assess the publication. beetles or any other manifestations of shade tree amounT due, plus interest, againsT the properTy as a Passed by the Council of the City of Arden Hills This diseases. special assessmenT under ChapTer 429 of Minnesota 31st day of March, 1975. The Forester and the iree inspector(s) shall have the Statutes, installmenTS ot which assessmenT shal I in no Henry J. Crepeau, Jr., righT To enTer upon al I private premises wiThin the City eveni be payable over a period exceeding five (5) years Mayor of Arden Hills, exclusive of houses used as private from the date the same have been levied. On or before ATtesT: CharlolTe McNiesh, residences, aT any reasonable Time for the purpose ot October 1 of each year, the Clerk-Adminisirator of the Clerk-AdminisiraTor carrying out the duTies assigned To Them under ihis CiTy shall list the total unpaid charges for each such (BUIIeTin: Apr. 10, 1975)