4F, Amendment to Section 710 of the City Code

Home Browse Search

Subd 7 Appeal from Denial. The applicant for a permit required by the provisions of this section may appeal any denial thereof to the City Council by notifying the City administrator, in writing, of his or her request within thirty (30) days after receipt of notice of the denial. Subd. 8 Liability for Maintenance. All permits granted under this section shall provide that the granting of the permit places no obligation upon the City nor does it impose upon the City any requirement for maintenance of the trees. Any trees planted on a public street or other public property are placed thereon entirely at the risk of the planter and any trees so planted may be removed, trimmed, maintained, moved or otherwise changed at any time by order of the CounciL In the event that removal of the trees or maintenance of the trees is considered necessary by the Council and is done at City expense the cost thereof may be assessed against the property owner or the abutting property owner. All trees planted under the permits become public property when the planting is completed. 710.12 Protection of Shade Trees* (Adopted by the City Council on August 29,2005) Subd. 1 Declaration of Policy. The City Council has determined that the health of oak, elm, and ash trees, hereinafter sometimes collectively referred to as "shade trees," within the municipal limits are threatened by fatal tree diseases commonly known as "Oak Wilt Disease", "Dutch Elm Disease", and "Emerald Ash Borer" respectively, hereinafter sometimes collectively referred to as "shade tree diseases." It has further determined that the loss of shade trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. Accordingly, it is hereby declared to be the intention of the Council to control and prevent the spread of shade tree diseases and other epidemic diseases, by enacting this subsection for that purpose. Subd. 2 Penalties. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine, imprisonment or both, not to exceed the maximums provided by state law for a misdemeanor. Each day following the date on which the person was to have removed any diseased shade tree or wood as specified in written notice given pursuant to the provisions of this subsection, the person has allowed the tree to remain on his or her property, or has allowed the parts or brush there from to remain on his or her property, shall constitute a separate violation. Subd. 3 Forester. The position of city forester is hereby continued and the powers and duties of the officer are hereby conferred upon the person as designated from time to time by the Mayor with the concurrence of the CounciL It shall be the duty of the forester to coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of shade tree diseases. He or she shall recommend to the Council the details of a program for the control and prevention of the diseases and perform the duties incident to such a program as adopted by the Council. Inspections may be performed by a designated tree inspector(s). Subd. 4 Interference Prohibited. It shall be unlawful for any person to prevent, delay or interfere with the forester or his or her tree inspector(s) or designee while they are engaged in the performance of duties imposed by this subsection. 7-3 Adopted December 17, 2001