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HomeMy WebLinkAbout365 CITY OF ARDEN HILLS > COUNTY OF RAMSEY STATE OF MINNESOTA . ORDINANCE NO. 365 AN ORDINANCE RELATING TO PROTECTION OF SHADE TREES The Arden Hills City Council ordains that Section 710.12 and its sub-divisions is hereby added to the Arden Hills Municipal Code, to read as follows; and Section 710.11 and its subdivisions are hereby repealed. Section 710.12 Protection of Shade Trees Subd. 1 Declaration of Policy. The City Council has determined that the health of oak and elm trees, hereinafter sometimes collectively referred to as "shade trees," within the municipal limits are threatened by fatal tree diseases commonly knovm as "Oak Wilt Disease" and "Dutch Elm Disease" 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. 1 . 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. . 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.16, 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 2 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 di sease, 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. 3 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. Subd. 8 Inspection by Certified Tree Inspector. A. The forester shall engage one or more persons, each of whom shall have been issued a certificate from the Minnesota Department of Agriculture pursuant to M.S. Ii 18G.I26 Subdivision 10, as amended from time to time, certifying that he or she is a qualified or certified tree inspector, for the purposes of inspecting any public or private properties, upon prior notification, to detect shade trees harboring shade tree diseases, which inspector(s) shall act as the duly authorized agent(s) of the forester. Nothing herein shall preclude the forester from being certified by the State . Department of Agriculture as a qualified tree inspector and acting as such on behalf of the City. B. The tree inspector(s) shall inspect all premises and places, both public and private, within the City as often as is practicable to detect and mark the location of all shade trees infected with shade tree diseases and report the results of the inspections to the forester immediately after each inspection has been conducted. The forester, or the tree inspector(s), may send appropriate specimens or samples to the State Department of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Department. In addition to the foregoing . inspections, it shall be the duty of the tree inspector(s) to investigate all 4 reported incidents of infestation by Dutch elm fungus or elm bark beetles or any other manifestations of shade tree diseases. . C. A property owner or contractor who becomes aware of any tree infestation within the City shall notify the City Forester within seven (7) days. D. The City forester and tree inspector(s) shall have the right to enter upon all private premises within the City at any reasonable time for the purpose of carrying out the duties assigned to them under this subsection, including inspection, treatment, cutting, burning or removing of diseased shade trees. Subd. 9 Notices to Property Owners. A. After each inspection and investigation, whenever the forester or the tree inspector(s) has found with a reasonable certainty that a shade tree or any wood that harbors shade tree disease to such an extent that the same . constitutes a threat of infestation of shade trees in proximity thereto, the tree inspector(s) shall mark the diseased shade trees or wood or both as the case may be in a visible mauner and notify each owner of real estate within the City whereon the diseased shade trees or wood, or both as the case may be, are located, which notice shall contain the inspection information with respect to diseased shade trees upon the property and shall further advise that, in accordance Witll the provisions of this subsection, the owner is required to remove the trees or wood, or both as the case may be, within (10) days for elm trees and (30) days for oak trees and other trees species from the date of the letter being sent to the property owner~ The notices shall be sent by certified mail with return receipt . requested to the last known address of the owner. In the event that the 5 certified mail is not delivered, mailing by ordinary mail to the address shall be deemed sufficient notice. . B. The notices to be sent under the provisions of this subdivision shall be sent to the occupant of premises upon which the diseased shade trees or wood, or both as the case may be, are located, if those premises are occupied, and also to the owner of the premises, if the owner has an address different from the subject premises and the address is disclosed by the records of the county department of property taxation. Reasonable inquiry by the forester or the tree inspector(s) shall be sufficient to meet this requirement, and telephone inquiry of the office of the county department of property taxation shall be deemed reasonable mqUlry for the purpose of ascertaining the addresses. If the subject premises are unoccupied, then mailing to the address of the owner as shown by the records of the county . department of property taxation shall be deemed sufficient. C. The notice shall inform the property owner of his or her right to request the City's tree removal contractor or to remove the tree(s) on his/her own accord. The notice shall provide the estimated cost of this service, which shall be billed back to the owner. D. No person shall allow, permit the spread of, or fail to abate a public nuisance as defined in this code. Such nuisances shall be abated in the manner prescribed in this code. Subd. 10 Removal of Diseased Shade Trees. A. An owner of real estate in the City who is notified ofthe existence on his or her property of shade trees or wood therefrom, or both as the case may . be, harboring shade tree disease shall within the time specified in the written notice cut down or have cut down each of the diseased trees, 6 remove or have removed all parts, branches and brush there from, and transport or have transported all the parts, branches and brush from the . diseased trees and any diseased wood from the premises to an authorized disposal or chipping site. With respect to the transportation of wood from diseased elms, it shall be unlawful for any person to transport within the City any bark-bearing elm wood. B. The City Forester shall enforce the treatment of nuisance by requiring the performance of one or more of the following disease control methods listed in subsection C in order to destroy and prevent the spread of epidemic diseased of shade trees, including, but not limited to, Dutch elm disease or oak wilt disease. Such abatement may be designated by the Minnesota Commissioner of Agriculture or the University of Minnesota. C. The following abatement procedures are recommended by the City of . Arden Hills: 1. Root graft barrier installation at least 60 inches in the soil to isolate the diseased trees; 2. Removal of trees; 3. Stump grinding; 4. Burning, chipping, debarking or properly covering and sealing the potentially hazardous wood and/or stumps. D. To prevent root graft transmission of tree related diseases, a barrier must be created between diseased and healthy trees, either by cutting the root system with a 54-inch blade or longer by using a vibratory cable plow, or . by digging a trench to a minimum depth of 60 inches in the soil surrounding the diseased trees. Such abatement procedures will be carried 7 out in accordance with current technical and expert opinions and plans as designated by the State Commissioner of Agriculture. . E. In addition the owner may poison or have poisoned the stumps of trees diseased with oak wilt and shall debark or have debarked to the ground line the stumps of trees diseased with Dutch ehn disease in such manner as may be approved by the forester. Subd. II Abatement by City. In the event the owner fails or refuses to abate the nuisances as so required, then the forester shall upon orders from the Council, abate the nuisance by cutting down diseased shade trees and removing all parts, branches and brush thereof, together with any diseased wood of any diseased shade trees located on the premises, from the premises to an authorized disposal or chipping site. The cost of the City's abating the nuisance shall be billed to the owner or occupant of the premises upon which the nuisances existed. Subd. 12 Assessment for Nuisance Abatement. If the owner or occupant fails to pay the bill, as . provided for in Subd. 9, within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, against the property as a special assessment under M.S. Ch. 429.1 0, as amended from time to time, installments of which assessment shall in no event be payable over a period exceeding five (5) years from the date thc same have been levied. On or before October 1 of each year, the city administrator shall list the total unpaid charges for each such abatement against each separate lot or parcel to which the same is attributable. Thereafter, the charges may then be spread by the Council as a special assessment against the property benefited by the abatement, and the assessment certified to the county as provided by law. Subd. 13 Request for Laboratory Testing. Any owner of real estate in the City who receives a notice as provided in Subd. 7 to the effect that shade trees or wood, or both as the case may be, . on his or her property harbor shade tree disease and must be removed within the time specified in the notice, may request the forester to obtain a laboratory test of one or more of the trees. The 8 request must be made no later than the date on which the trees or diseased wood are to be removed from the premises, as specified in the written notice from the City to the owner as . provided herein, by written notice from the owner to the forester sent by certified mail with return receipt requested. Upon receipt of the request, the forester shall promptly engage the services of the State Department of Agriculture or a qualified laboratory to make analyses of appropriate specimens or samples of the allegedly diseased shade trees. If the analyses confirm the original diagnosis that the shade trees are infected or the wood thereof diseased, or both whichever the case may be, the requesting owner shall pay all expenses and charges incurred for the analyses by the City. If the test discloses that the trees or wood are not so diseased, the City shall bear all the costs and the forester shall remove the trees or wood from the list of diseased trees. If the test confirms the original diagnosis that the trees or wood or both as the case may be, are diseased, notice thereof shall be sent the owner by the forester, and the owner shall remove the diseased trees or wood or both as the case may be, within one week after receipt of the . notice. Subd. 14 Spraying or Treatment of Shade Trees. A. Whenever the forester determines that any shade tree or shade tree wood within the City is infected with shade tree disease, he or she may spray or treat all nearby high value shade trees by such chemical or mechanical means as will be effective to prevent as fully as possible the spread of shade tree disease thereto. The forester may also cause the diseased shade trees or wood to be sprayed or treated by chemical or mechanical means so as likewise to control the possible spread of shade tree disease to neighboring, high value shade trees. Such procedure shall be carried out in . accordance with current technical and expert opinions and plans of 9 --- the State Department of Agriculture and under the supervision of the Department whenever possible. . B. As determined necessary by the City Forester, the City may utilize chemical means of treatment. If chemical treatments are deemed necessary, the cost for this service shall be borne by the City, The costs of the mechanical means of treatment shall be borne by the owner or occupant of the premises, the shade trees upon which have been mechanically treated by the City. The owner or occupant of the premises shall be billed the costs of the mechanical treatment, and in the event of nonpayment of the bill within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, in the manner provided in Subd. 10. C. The forester shall notify, in the manner provided in Subd. 9, each . owner or occupant ofreal estate within the City of the date after which shade trees on his or her property shall be chemieally er mechanically treated, which date shall not be less than five (5) days from the date ofmailing the notice. Subd IS. Transportation of Epidemic Diseased Wood. It is unlawful for any person to transport within the City any diseased wood that is determined to be hazardous, as described in Subd. 6. Subd 16. Public Tree Care. The City has the right to plant, prune, maintain, remove or perform any other arboricultural practices as necessary on all public property including the street right-of-way to ensure public safety and to preserve or . enhance the symmetry and beauty of such public grounds. Subd 17. Abuse or Mutilation of Public Trees. Unless specifically authorized by the 10 City Forester, no person shall intentionally damage, cut, carve, transplant, remove any tree, attach any rope, wire, nails, advertising poster, or other contrivance to any . tree, allow any gaseous liquid or solid substance which is harmful to come in contact with any tree, or set fire or permit any fire to bum when the heat could injure any portion of any tree, or top a tree by severely cutting back the tree canopy to a stub. Subd 18. Violation of Penalty. Any person, firm or cooperation who violates any section of this chapter shall be guilty of a misdemeanor and, upon conviction, thereof, shall be subj ect to a misdemeanor penalty as then by defined by Milmesota law. Additionally, the City may exercise any civil remedy available under Minnesota law for the enforce of this code including civil action, mandamus, injunctive relief, declaratory action, or the levying of assessments. . . 11 . Adoption Date. Passed by the City Council of the City of Arden Hills on the 29th day of August, 2005. Effective Date. This ordinance shall become effective the day following its publication in the City's official newspaper. 'ilf) /> . Publication Date. Published on the ('(/iLl of ')0{J-IUIl0t' , ,2005. J /~i~~~t:t. . vM~JiuJq/r Michelle A. Wolfe, City Administrator . 12 * . --,----- ,- ..' .. ,.. . ..' I ,~ ,- C" .'- ,. ". ." rtt,::,:, , ~::;::' t" "i" . . 1 _ I i SEP 1 2 2005 i . Affidavit of Publication. i_CIT'C~F ARC~!'J,ti,Lo:3j State of Minnesota} SS Cou.nty of Ramsey Keri Solseth , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the pubiisher of the newspaper known as SHORFVTT T F BUT LFTIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended, (B) The printed ORDINANCE NO. 365 which is attached was cut from the columns of said newspaper, and was printed and published once each TH week, for 1 successive weeks; it was first published on WED. ,the 7 day of SEPT. ,20~, and was thereafter printed and pubiished on every to and including , the day of .20_: and printed below is a copy of the lower case alphabet . from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ~ ABCDEFGHIJKLMNOPQRSTU\J\rVXYZ ~ABCDEFGHIJKLMNOPQRSTUVWXYZ BY' *abcdefghijklmnopqrstuvwxyz ' TITLE ACCOUNTING ASSOCIATE Subscribed and sworn to before me on 7TH t is 20 05 , - Notary Publ ic *Alphabet should be in the same size and kind of type as the notice. I e.:~ TONY A R. WHITEHEAD I ~t;;' Notary Public-Minnesota RATE INFORMATION '.../ My~_Jan31.2010 .N+-r^.N..^"^.../V'Jy....,...~....-~-vv (1) Lowest classified rate paid by commercial users for comparable space....... ....................................................$24.00 per coL inch (2) Maximum rate allowed by law for the above matter............. .............................$20.49 per col. inch (3) Rate actually charged for the above matter ................. ........................ .... ......$ per col. inch . 1/05 ~rJlen Hills vector entry or escape. mated Cost of this service. which shall be or sam~e5 of the allegedly diseased 6. Other. shade trees with eph1emic billed back to the owner. shade trees. If the analyses confirm the it diseases Of epidemic insect infestations. D. No person shall allow, permit the original diagnosis that the shade trees CITY OF ARDEN HILLS 7. Any tree considered in the opinion of spread of, or fail to abate a public are inlected or the wood thereof dis- COUNl!Y OF RAMSEY the City Forester to pose eminent danger nuisance as defined in this code. Such eased, or both whichever the case may to life or property or to adjoining proper- nuisances shall be abated in the manner be, the requesting owner shall pay all :;rATE OF MINNESOTA ties. Trees of such condition will be prescribed in this code. expenses and charges incurred fOf the ORDINANCE NO. 365 deter-mined hazardous as defined in Subd. 10 Removal of Diseased Shade analyses by the City. If the test discloses AN ORDINANCE RELATING TO Chapter 600.03 Subd. 9 of the City Code. Trees. that the trees or wood are not so dis- PROTECTION OF SHADE TREES Subd. 7 Nuisances Prohibited. It is A. An owner'of real estate in the Cily eased, the City shall bear ,all the costs The Arden Hills City Council ordains lhat unlaWful for any person to permit the who is notified 01 the existence on his or and the forester shall remove the trees or Section 710.12 and its sub-divisions is spread of a public nuisance as defined in her property of shade trees or wood wood from the list of diseased trees. lithe . hereby added to the Arden Hills Municipal this chapter across his or her property therefrom, or both as the case may be, test confirms the original diagnosis that Code, to read as follows; and Section lines in any specified control areas as harboring shade tree disease shall within the trees or wood or both as the case 710.11 and its subdivisions are hereby established by the city. Such nuisances the time specified in the written notice cut may be, are diseased, notice thereof repealed. shall be abated in a manner presc:ribed in down or have cut down each of the <iis- shall be sent the owner by the forester, Section 710 12 l!lis chapter. eased trees, remove or have removed arr and the owner shall remove the diseased Protection of Sh~dp. Trees Subd. 8 Inspection by Certified Tree parts, branches and brush there from:, trees or wood or both as the case may Subd. 1 Declaration of Policy. The City Inspector. and transport or have transported all the be, within one week after receipt of the Council has determined that the health of A. The forester shall engage one or parts, branches and brush. from the dis- notice. oak and elm trees, hereinafter sometimes more persons, each 01 whom shall have eased trees and any diseased wood from Subd. 14 Spraying or Treatment of collectively referred to as ''shade lrees, ~ been issued a certificate from the the premises to an authorized disposal or Shade Trees. within the municipallimils are threatened Minnesota Department of Agriculture chipping site. With. respect to the trans- A. Whenever the . forester determines by fatal Iree diseases commonly known pursuant to M.S. ~ 18G.126 Subdivision portation of wood from diseased elms,' it that any shade tree or shade tree wood as "Oak Wilt Disease" and "Dutch Elm 10, as amended trom lime to 'time, shall be unlawful for any person to trans- within the City is infected with shade tree Disease" respectively, hereinafter some. certilying that he or she is a qualified or port within the City any bark-bearingelm disease, he or she may spray or Ireat all times collectively referred to as "shade certified tree inspector, for the purposes wood. nearby high value shade trees by such -tree diseases." It has further determined of inspecting any putNic or private proper- B. The City Forester shall enforce the chemical or mechanical means as will be that the loss of shade trees growing upon ties, upon prior notification, to detect treatment of nuisance by requiring lhe effective to prevent as fully as possible public and private property would sub- shade trees harboring shade tree dis- performance alone or more of the follow- the spread of shade tree disease thereto. stantially depreciate the value 01 property eases, which inspector(s) shall act as the ing disease control methods listed in The forester may also cause the dls- within the City and impair the safety, good duly authorized agent(s) of the forester. subsection C in order to destroy and pre- eased shade trees or wood to be sprayed order, gen,e,ral welfare. and CDnvenief;lce '. ~Olhil1g h~ 8,I"JI1l p~d, the forester vent the spread 01 epidemic diseased of or treate<l by chemical or. .mechaAical of the public. AcrordinOIy,.;'is hWaby i,}ro"1;~bei~,:Qeflilier$~9)\'.rn, State shade trees, including, but not limited to, ~.soas likewise k\controlthe possi- dec_li:lred to be. the intention of1he Coun~IDepartment.ol Agricu~as 'a quallfled Dutch elm disease or oak wilt diseaS8. bte spriJaCi.'-:of. shade: tree disease to to coiitro1 and prevent thS;;~spread'OI " treetnspeetor" and acting as such on Such abalement may be designated by neighboring, high value shade<' trees. shade tree diseases and other epidemic beha" of the City. the Minnesota Comfnissionerof Agricul- Such procedure shall be carried out in diseases, by enacting this subsection for B. The tree Inspector(s) shall inspect all ture or the University of Minnesota. accordance with current technical- and that purpose. premises and places, both public and C. The following abatement procedures expert opinions and plans of the' State Subd. 2 Penalties. Any person violating private, within the City as often as Is prac- are recommended by the City of Arden Department of Agriculture iand under the the provisions of this subsection shall be ticable-to detect and mark the location of Hills: supervision 01 the Department whenever guilty of a misdemeanor and, upon con- all shade trees infected with shade tree 1. Root graft barrier installation at least possible. viction thereof, shall be punished by a diseases and report the results of the 60 inches in the soil to isolate the dis- B. As determined necessary by Ihe City fine, imprisonment or bolh, not to exceed inspections to the forester immediately eased trees; Forester, the City may utilize chemical the maximums provided by state law for a after each inspection has been con. 2. Removal of trees; means of treatment. If chemical treat- misdemeanor. Each day following the ducted. The forester, m the tree 3. Stump grinding; ments are deemed necessary, the cost date on which the perSon was to have inspec-tor(s), may send appropriale 4. Burning, chipping, debarking or pro- for this service shall be bome by the City. E any diseased shade trae 0' specimens or samples to the State perty covering and sealing the potentially The costs of Ihe mechanical means 01 . specified in written nolice given Department 01 Agriculture for analysis, or hazardous wood and/or stumps. treatment shall be borne by the owner or ant to the prOviSions of this subsec- take such other steps for diagnosis as D. To prevent root graft transmission of occupant of the premises. the shade tion, the person has allowed the tree to may be recommended by the tree related diseases, a barrier must be trees upon which have been mechani- remain on his Of her property, or has Depanmenl. In addition to the foregoing created between diseased and healthy cally treated by the City. The owner or allowed the parts or brush there from to inspections, it shall be the duty of the tree trees, either by cutting the root system occupant 01 the premises shall be billed remain on his or her property, shall con- inspector(s) to. investigate all reported with a 54-inch blade or longer by using a the costs of the mechanical treatment, stitute a separate violation. incidents of infestation by Dutch elm vibratory cable plow, or. by digging a and in the event 01 nonpayment of the bill Subd. 3 Forester. The position of city fungus or elm bark beetles or any other trench to a minimum depth of 60 inches in within thirty (30) days of the date thereol. forester is hereby continued and the manifestations of shade tree diseases. the soil surrounding the diseased trees. the Council may then assess the amount powers and duties of the officer are C. A property owner or contractor who Such abatement procedures will be due, plus interest, in the manner. provided hereby -<:onferred upon the person as becomes aware of any tree infestation carried out in accordance with current in Subd. 10. designated from time to lime by the within the City shall notify the City technical and expert opinions and plans C. The forester shall notify, in the man- mayor with the concurrence 01 the Forester within seven (7) days. as designated by the Stale Commls- ner provided in Subd. 9, each owner or Council. It shall be the duty of the forester D. The City forester and tree inspec- sioner of Agriculture. occupant of real estate within the City of to coordinate, under the direction and tor(s) shall have the right to enter upon all E. 10 addition the owner may poison or the date aller which shade trees on his or control of the Council, all activities 01 the privale premises within the City at any have poisoned the stumps of trees dis. her property shall be sI181'T1'ull} IiIr City relating 10 lhe contra! and prevention reasonable time lor the purpose 01 carry- eased with oak Wilt and shall debark or meChanically treated, which date shall 01 shade tree diseases. He or she 'shall ing out the duties assigned to them under have debarked to the ground line the not be less than five (5) days from the recommend to the Council the details of a this subsection, including Inspection. Slumps of trees ctiseased with Dutch elm date of mailing the notice. program fOf the control and prevention of treatment, cutting, burning or removing 01 disease in such manner as may be Subd 15. Transportation of Epidemic the diseases and perform the duties inci~ diseased shade trees. approved by the forester. Diseased Wood. It is unlawful for any dent to Such a program as adopted by the Subd. 9 Notices to Property Owners. Subd. 11 Abatement by City. In the event person to transport within the City any Council. Inspections may be performed A. After each inspection and investiga- the owner fails or refuses to abate the diseased wood that is determined to be by a designated tree inspector(s). tion, whenever the forester or the tree nuisances as so required, then the lor- hazardous, as described in Subd. 6. Subel. 4 Interference Prohibited. It shall inspector(s) has found with a reasonable ester shall upon orders from the Council, Subd 16. Public Tree Care_ The City has be unlawlul for any person to prevent, certainty that a shade tre,e or any wood abate the nuisance by cutting down dis- the right to plant, prune, maintain, delay or interfere with the forester or his thai harbors shade tree disease to such eased shade trees and removing all remove or perform any other arboricul- or her tree inspector(s) or designee while an extent that the same constitutes a parts, branches and brush thereof, lural practices as necessary on all public they are engaged in the performance of threat of infestation of shade trees in together with any diseased wood of any .property including the street right-of-way duties imposed by this subsection. proximity thereto, the tree inspector(s) diseased shade trees located on the to ensure public safety and to preserve or Sub<!. 5. Epidemic Disease Program. It shall mark the diseased shade trees or premises, from the premises to an enhance the symmetry and beauty of ~ention of the City Council to con- wood or both as the case may be in a authorized disposal or chipping site. The such public grounds. rogram of pest control pursuant visible manner and notify each owner of cost of the City's abating the nuisance Subd 17. Abuse or Mutilation of Public t authority granted by Minnesota real eslate within the City whereon the shall be billed to the owner or occupant of Trees. Unless specifically authorized by staues section 1BG.16. as amended, diseased shade trees or wood, or both as the premises upon which the. nuisances the City Forester, no person shall directed at the control and elimination of the case may be, are located, which existed. intentionally damage, cut, carve, trans- Dutch elm disease, oak wilt disease, and notice shall contain the inspect_ion infor- Subd. 12 Assessment for Nuisance plant, remove any tree, attach any rope, elimination 01 other tree diseases and is mation with respect to diseased shade Abatement. If the owner or occupant fails wire, nails, advertising poster, or other undertaken at the recommendation 01 the trees upon the property and shall further to pay the bill, as provided for in Subd. 9, contrivance to any tree, allow any gas. Minnesota Commissioner of Agriculture. advise that, in accordance with the pro- within thirty (30) daYs 01 the date thereof, eous liquid or solid substance which is Subd. 6 Nuisances Declared. visions of this subsection, the owner is the Council may then assess the amount harmful to come in contact with any tree, A. The following are hereby declared to required to remove the trees or wood, or due, ptus interest, against the property as or set fire or permit any fire to bum when be public nuisances whenever and wher- both as the case may be, within (10) days a special assessment under M.S. Ch. the heat could injure any portion of any ever they may be found within the City: for elm trees and (30) days for oak trees 429.10, as amended from time to time, tree, or top a tree by severely cuning 1. Any elm tree or part thereof infected to and other trees species from the date of installments 01 which assessment shall in back the tree canopy to a stub. any degree with the Dutch elm disease the lener being sent to the property no event -be payable over a period Subd 18. Violation of Penalty. Any fungus Ceratocystis Ulmi (Buisman) owner~ The notices shall be sent by certi- exceeding five (5) yearslrom the date the person, firm or cooperation who violates Moreau or which harbors any of the elm fied mail with retum receipt requested to same have been levied. On or belore any section of this chapter shall be guilty bark beetles Scolytus Mullistriatus the last known address of the owner. In October 1 of each year, the city adminis- of a misdemeanor and, upon conviction, (Marsham) or . Hylurgopinus Rufipes the event that the certified mail is nOl trator shall list the total unpaid char'ges thereof, shall be subject to a misde- (Eichhoff); delivered, mailing by ordinary mail to the for each suCh abatement against each meanor penalty as then by defined by 2. Any dead elm'tree or part thereof, address shall be deemed sufficient separate lot or parcel to which the same Minnesota law. Additionally, the City may including stems, branches, stumps, fire- notice. is attributable. Thereafter. the charges exercise any civil remedy available under wood or other elm material from which B. The notices to be sent under the pro- may then be spread by the Council as a Minnesota law for the enlorce of this code the bark has not been removed and visions of this subdivision shall be sent to special assessment against the property including civil action, mandamus, injunc- bumed or sprayed with an effective elm the occupant of premises upon which the benefited by the abatement, and the tive I relief, declaratory action, or the bark beelh~ insecticide; and diseased shade trees or wood, or both as assessment certified 10 the county as leVying of assessments. 3. Any northem red oak (Quercus rubra. the case may be, are located, if those provided by law. Adoetion Date. Passed by the City Quercus elHpsoidaiis, and Q. palustris), premises are occupied, and also to the Subd. t3 Request for Laboratory Council of the City of Arden Hills on the or pan thereof, infected to any degree owner 01 the premises, if the owner has Testing. Any owner of real estate in the 29th day of August, 2005. with the oakwllt disease, Ceratocystis an address different from the subject City who receives a notice as provided In Etfflctlvfl DatA. This ordinance shall fagacearum. premises and the address is disclosed by Subd. 7 to the effect that shade trees or become effective Iheday following its 4. Any. living or standing white oak the records of the county depanment of wood. or both as the case may be, on his publication in the City's official news- (Quercus alba), bu' oak (Quercus property taxation. Reasonabte inquiry by' or her property harbor shade tree disease pape'. macrocarpa), and swamp white oak the forester or the tree iospector(s) shall and must be removed within the. time (Bulletin: Sept. 7, 2005) . (Quercus blcolor), that poses a threat of be sufficient to meet this r8CJJirement, specified in the notice, may request the transmission of the oak wilt disease to and teleP!1one inquiry of the office of the forester to obtain a laboratory lest of one other trees. county department' of property taxation or more of the trees. The request must be 5. Red oak species deemed by the City shall be deemed reasonable inquiry for made no later than the date on which the lieste, or designated tree inspector to the purpose of ascertaining the treesor diseased wood are to be a potentially diseased spore produc. adclresses. If the subject premises are removed from the premises, as specified tree (PSPT) must be removed before unoccupied, then maiting ro the address in 1he written notice from the City to the arch 15th of the year following com. 01 the owner as shown by lhe records of owner as provided herein, by written plete tree wilt. Any removed red oak tree the county department of property taxa- notice lrom the owner to the forester sent should 004 d.isposed of at an approved tion shalrbe deemed sufficient. by certified mall with return receipt wood utilization ~e. or properly treated, C. The notice shall Inform the property requested. UPOn. receIpt of the request, I.e. main stems cut~into firewood length owner of his or her rlghl to request the the forester shall promptly engage the sections, spilt if appropriate, stacl<ed and City's tree removal contractor or to services 01 the State Department of covered in clear ptastic with the edges remove the tree(s) on hislher own Agricullure or a qualified laboratory to l sealed at lhe ground line to prevent . accord: The notice shall provide the esti- make analyses of appropriate specimens - was the main go-to hiller on almost exclusively a setter appears to be Cretin- Darham " Specialist, JrJc; the squad, but she has since last year, is being called on to Hall's for the taking. The graduated and is playing col- hit more this season. That Raiders were ranked eighth lege volleyball at Division I means Mounds View needs in last week's coaches .poll. Representing South Dakota State. to have another setter ready, Weko also thinks Stillwater Social Securiiy With Laura Slagter's and that job has fallen to might surprise this year. absence, the offense is now in junior Kate Smith. In terms of the section, Disability Claimants ~ the hands of senior captains Jolene Slagter will join her Weko also believes Mounds A Leader in the Field Diane Kieger, Brittany J ohn- sister at South Dakota State View could be among the top with more than 8,000 Son and Jolene Slagter, next fall while Kieger is teams come playoff time. Successful Claims Laura's younger sister. But headed to Iowa State. Like Irondale, Mounds head co~ch Tom Weko The win over Irondale View has a busy early-season Our expert representative will : doesn't expect that to be the came in Mounds View's sec- schedule. The Mustangs nonn for the entire seaSOD. ond match of the season. The joined the Knights in the . Explain the process uWe have some other kids Mustangs opened the 2005 Eden Prairie tournament and . Discuss the merits of your claim who have to do some things/' campaign Tuesday with. a this week Mounds View vis- . File the needed papelWork & appeals said Weko. who is in his third straight-set loss to Centen- its Elk River (Tuesday), hosts . Gather evidence year as the Mustangs' head nial, the same team that beat Totino-Grac" (Thursday) and . Contact physicians coach. "A lot of different kids Mounds View in the playoffs plays in the two-day Visita- . Appear with you in court have gotten in there and are in 2004. lion tournament (Friday and . Provi~e any other necessary really contributing a lot Weko feels that his team Saturday). services All to assure professioual for former Irondale volleyball coach representation No recovery... No Fee nnis Amund- also helped him land his current tern," Manka said of Johnson. "She's Our services may beJree to those and is one of position. He has worked various a new head coach from the inner receiving General Assistance er head coach camps at the U with Minnesota head circle of coaching." 1-800-642-6393 son spent one coach Mike Hebert. Johnson's familiarity with Iron- with the Tom. "The cool part is that I've been dale should make the transition head coach at exposed to a lot of great volleyball smoother than if she was completely !kato. people," Manka said. "It's great to new to the program. tough shoes to have that kind of program in your As for Manka, he is enjoying his I brought (the backyard." new situation. He spent the holiday ies as a bn"be. I Replacing Manka at lrondale is weekend in the Big Apple as the osing (Amund- Erin Johnson, who was an assistant Tommies played in the New York under Manka in 2004. Johnson University Invitational. SI. Thomas, played college volleyball at Min- "We should have a shot at the nteer assistant nesota after graduating from Pipe- MIAC (Minnesota Intercollegiate at the Univer- stone High School in southwestern Athletic Conference) in the regular onnection that Minnesota. She met Manka while ."aSon and in the playoffs and at the UNHEALTHY OIL get the paying playing at the U and he brought her national tournament," Manka said If your vehicle is leaking oil, it can theU. in as an assistant last year. about his new team. usually be found below lhe ceoteT- to the U ofM "She knows the kids and the sys. line of the car on rear-wheel-drive: vehicles. On front-wheel-drive Shoreview Parks and Recreation vehicles, oil leaks will show up on ryouts the engine side of the engine com- Department offers golf classes partment. Engine oil develops a teams, grades I through 8, brown or black color within a few Calling all golfers. The Shoreview Park and Recreation hundred miles of being changed. It will be held from 9 a.m. to is normally viscous en~ugh to noon Sept. 24 and from 6 to Department will help people'become heller golfers this fall. leave a puddle that does not creep 8:30 p.m. Sept. 27. Any eJigi- The experienced instructors use an instructional curriculum along your garage floor. Ifthe oil is ble player interested in bas- developed by the Professional Golfers' Association of Amer- leaking from a valve cover gasket, it may drip onto the exhaust man- ketball can participate in the iea. Fall classes are held at Island Lake Golf Center, located ifold to create a burning smell. In in-house program. Registra- behind the Shoreview Target. Bring your own clubs or use any case, an engine-oil leak lid tion ends Sept. 27. clubs at the range for no additional charge. be investigated by an auto '- For more information or to have a flyer sent out, call Shore- ciano Gear lube is also oily a .- cous like motor oil, which may vi w Parks and Recreation at 651-490-4750. confuse the issuE.'. Is Your Ba<<:k Out Of Any leaks that persist should University of Minnesota- be checked out so funher prob. lems don't develop. AtPIW AUTO- Twin Cities Wha<<:kJ MOTIVE, INC., we take care of you Shoreview - Daniel Silver- when we take care of your car. mint. You'll find our work is excellent. our tffhs easy to deal with and our service can't be beat! We're a Part.'1 Valparaiso University, Plus Car Care Center. Indiana Come see us today! Call 651-636-6141. Shoreview - Martha (20S7 Old Highway 8). Afdahl, Brell Hassler. I Pain has no place on the golf course. However, golfers are prone to having low back and elbow pain, I can help. I specialize in the Graston Technique of deep tissue release, a new breakthrough in the University of Phoenix treatment of soll tissue injuries. Shoreview - Candice Together we will work toward a pain-free golf game. Anderson, MHA, Charles HINT: Automatic trans- mission fluid may be THOMPSON CHIROPRACTIC bright red when new, but . it .fradually gets brown lillie Canada, MN 55117 (J. an cloudy later on. Thi makes it resemble used oi 651-483-0898 or gear lube. www.pthompsonchiropractic.com .. -ffulr low ltack pain' auto and sports Injuries' flbremyalgla . carpal tunel (tlr(tlre(enler n.1lnt8lillrlfllll"....., ,..