4F, Amendment to Section 710 of the City Code

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Subd. 5. Epidemic Disease Program. It is the intention of the City Council to conduct a program of pest control pursuant to the authority granted by Minnesota statues section 18G.13, as amended, directed at the control and elimination of Dutch elm disease, oak wilt disease, and elimination of other tree diseases and is undertaken at the recommendation of the Minnesota Commissioner of Agriculture. Subd.6 Nuisances Declared. A. The following are hereby declared to be public nuisances whenever and wherever they may be found within the City: 1. Any elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Marsham) or Hylurgopinus Rufipes (Eichhoff); 2. Any dead elm tree or part thereof, including stems, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; and 3. Any northern red oak (Quercus rubra, Quercus ellipsoidalis, and Q. palustris), or part thereof, infected to any degree with the oakwilt disease, Ceratocystis fagacearum. 4. Any living or standing white oak (Quercus alba), bur oak (Quercus macrocarpa), and swamp white oak (Quercus bicolor), that poses a threat of transmission of the oak wilt disease to other trees. 5. Red oak species deemed by the City forester or designated tree inspector to be a potentially diseased spore producing tree (PSPT) must be removed before March 15th of the year following complete tree wilt. Any removed red oak tree should be disposed of at an approved wood utilization site or properly treated, i.e. main stems cut into firewood length sections, split if appropriate, stacked and covered in clear plastic with the edges sealed at the ground line to prevent vector entry or escape. 6. Other shade trees with epidemic diseases or epidemic insect infestations. 7. Any tree considered in the opinion of the City Forester to pose eminent danger to life or property or to adjoining properties. Trees of such condition will be determined hazardous as defined in Chapter 600.03 Subd. 9 of the City Code. Subd. 7 Nuisances Prohibited. It is unlawful for any person to permit the spread of a public nuisance as defined in this chapter across his or her property lines in any specified control areas as established by the city. Such nuisances shall be abated in a manner prescribed in this chapter. 7-4 Adopted December 17, 2001