HomeMy WebLinkAbout#102 Oak Wilt Disease Repealed
STATE OF MINNESOTA down said diseased trees $nd remove all
COUNTY OF RAMSEY parts, branches and brush thereErom
VILLAGE OF ARDiEN ffiLI.S from the Village. In lien of auch remov-
ORDINANCE NO. 102 al the owner maq, withln the limit9 pre-
AN ORDINANCE PROVIDING A PRO- scribed by applicable Village ordinance,
GRAbI FOR THE PREVPsNTION OF burn said diseased tree ar treea on his
OAK WILT DI3PASE IN TIiE VIL- own premises or upon such locatione
LAGE OF ARDEN HILL3 AND PRO- within the Village as may be designated
VIDING PENALTIE3 FOR VIOLATION for aueh purpose by the Foreater. The
THEREOF. owner shall also poison the sEwnpa af
Section 1. Declaration Of Policy. The the trees diseased with Oak Wilt in
Village Council of Arden Hllls has deter- such manner as may be approved by the
mined that the health of oak trees within ~'orester.
the municiDal limits is threatened by a Section 6. A6atement B9 Village.
fatal tree disease commonly known as Snbdivision 1. Following Annual In-
Oak Wilt Disease. It has further deter- sPection. Upon receipt and approval of
mined that the loss of oak trees growing the report of the Forester required by
upon public and private property would Section 4 hereof, the Councll shall by
resolution order the nuisancee abated,
subatantially depreciate the value of
b
property within the Village and impair ut auch abatement shall be poatpaned
the safety. Sood order, general welfare until the first day of March of the year
following auch resolution in order that
and convenience of the public. It is de-
the
clared to be the intention of the Gouncil owner of the progerty may abate the
to control and prevent the spread of these nuisances as provided in the previoua
diseases and this ordinance is enacted for section. In the event the owner fails
that purpose. or refuses to abate the nuieancea aa ao
Section 2. Forester. The position of re4uired then, following said Mamh 1,
~ Villa~e Forester is hereby created and the Forester sha11 abate the nuigancea of
any remaining diseased trees by having
the powers and duties of such office are
th
hereby conferred upon the Commission- em cut down snd burned on the ownera
er of Parks and Playgrounds as designat- nremises, or removed if burning ia not
from time to time by the Mayor with ancesnermitted under apPlicable village ordin-
ed the concurrence of the Council. .
3ubdiviaion 2. Following Emergency
It ia the duty of the Forester to co-
Inspection
ordinate, under the direction and control . If after an emergency fn-
of the Counv;il, all activities of the Vi]- spection as authorized by the provisions
of this ordinance the Foreater finda that
lage relating to the control and preven-
th
tion of oak wilt disease. He shall recom- e danger of the infestation of other
mend to the Council the detaila of a mtrees from a diseased tree or trees is im-
program for the control of said disease inent, he shall notify the property
and perfonm the duties incident to such owner by certified mail of the existence
adopted by the Council. of the nuisancea and ehall further no-
a ArograSecEionm S. as Nuisances Declared: Abate- tify the groperty owner that the nuisance
must be abated within a specified time,
ment. Any tree within the Village in-
not ]ess
fected with Oak Wilt disease is declared than 5 days fram date af mail-
to constitute a nuisance: provided how- ~ng such notice. Such other and addi-
ever, nothing in thia Ordinance shall tional notice may be 8iven the property
owner as appears reasonable and prudent
appiy to White Oaks or Burr Oaks,
to the Forester under the cl
which are specifically excluded. It is un- rcumstances
for any person ta permit any then ~tely existing. The Porester shall immedi-
lawful public nuisances as defined in this sec- report such action to the Council,
and after expiration of the time aet forth
tion ta reinain on any premises owned or
i
controlled by him within the Village o£ n the notice he may abate the nuisances
by having the diseased treea cut down
Arden Hills. Such nuisances may be
and
abated in the manner prescribed by thia krurned on the owner's premiaes, or
removed if burning ia not allowed under
ordinance.
Section 4. Inspection and InvestiSa- apPlicable village ordinancea.
Snbdi
tion. As early as possible after the pass- vision 3. Re4uest For Laboratory
age of this ordinance in 1967, and be- Testing. Any owner of real estate in
the firet of August in followin~ vthe village who receives a notice as pro-
fore years, the I'orester shall engage one ox ided herein, to the effect that Oak
more persons who by training and back- W~lt disease exi$ts oa trees on his
ground are qualified to detect the pres- nroperty, may request the Foreater to
ence of Oak Wilt disease, and such per- obtain a laboratory teat of one or more
sons shall act as the duly-authorized of such trees. Such requests must be
agents of the Forester. As soon as may made within fifteen (15) da.ys after re-
be done, and preferrably between Au- ceipt or -mailing notice, whichever is .
gust 1 and October 1 of each year, such final as provided in Sectibn 6 hereaf.
shall conduct a survey of the ester Upon receipt of such request the For-
agente Village to ascertain the location of trees shall promptly engage the aervices
of a qualified laboratory to make such
infected with Oak Wilt disease. Ssch
tests
agents shall take reasonab!e steps to as- . If the test confirms the original
certain the exiatence of the disease and analysis that the tree is infected, the
then shall mark each infected tree and re9uesting owner shall pay all expensea
eport the results of the survey to the and charge incurred therefore by the Vil-
x•Porester before October 15 of each year. 1age. If the test fliecloaea that the tree is
The Forester- shall 1n turn report the not so diseased, the VillaSe shall bear all
resultx of the survey to the Council at of such costs and the Foreater shall re-
move the tree from the list of diseased
ita next following meeting.
trees
In addition to such regular inspections . If the test confirms the original
the Foreater shall, whenever he deems 'inalysis that the tree ia diseased, notice
it necessary to have an additional in- thereof shall be aent the owner by the
spection, similarly engage agents for Forester as Px•ovided in Section b, Subdi-
such surveys, and the results af sueh visi move on 1 hereof, and the owner shall re-
inspections shall be duly reported to the such tree or trees within one
Cbuncil. week after receipt or mailing of eueh
notice, whichever is final, under such
The Forester and his daly-authorized
Provision
ngents and inspectors shall have the right .
3ubdiviaion 4. Assesement of Coats.
to enter upon private premisex, bat ex- The Forester shall keep a record of the
cluding housea used as private residences. costs of abatementa performed under this
at any reasonable time for the purpose of ordinance and shall report monthly to the
carrymg out the duties assigned to the Village Clerk all work done for whlch .
Forester under this ordinance, including assessments are to be made, atating and
inspection, treatment, cutting, burning certifying therein the deacription of the
or removing of diseased treea. land involved and the amount chargeable
Seciion 5. Abatement of Nuisances 6y to each parcel. On or before September
Property Ownera. 1 of each 9ear the Clerk shall list the
Subdivision 1. Notices Following An- total unpaid charges for such abatement .
nual inspection. Before November 1 of axainst each senarate lot or parcel to
each year the Forester shall notify each whieh they are attributable. Such chargea
owner of real estate within the Village may then be spread by the Council as a
where diseased treea have been loeated, apecial assesament againat the property
which notice 8hall contain the survey involved nursuant to the provisions of
information with reapect to diseased Chapter 429 of Minnesota Statutes> snd
trees upon the property and shall further eaid asaessments certified to the County
advise that, in accordance with Subdivi- Auditor as provided by law.
sion 2 hereof, the owner is required to Section 7. Interference Prohibited: it
remove or burn said trees bq March L is unlawful for any person to Drevent,
of the following year. Such notice shall delay or interfere with the Forester or
be repeated by the Forester between his agents while they are engaged in the
rehruary 1 and February lb of the fo]- performance of duties imposed by this
lowing year. Such notices shall be sent ordinance.
by certified mail with return receipt re- Section 8. Penaltiea. Any person,
ciueated to the Iast known address of said firm or corporation oiolating the provi-
owner; in the event that the certified sions of this ardinance shall be guilty of
mail iffi not delivered mailing by ordin- a miademeanor and, upon wnviction
ary mail to such addresa shall be deemed thereof, shall be punished by a fine of
sufficient notice. not more than $100.00 or imprisonment
The noticea to be sent under the pro- for not more than 90 days. Each seven
visions of this ordinance shall be sent day period, or any part thereof, follow-
to the occupant of the premises upon ing the first of March of any given year
which the subject trees are Iceated, if during which esid peraon, firm or cor-
those premisea are occupied, and also to poration allows a diseased tree (that has
the owner of such premiaes, if auch been marked aa such during the annual
owner has an address different from the survey) to remain on his property, ar to
subject Premisea and such address is dis- allow the parta or brush therefroxn to
closed by the records of the Ramsey remain on his property, shall constitute
County Treasurer. Reasonable inquiry by a separate violation hereunder.
~ the Forester ar his agent shall be euffi- Section 9. 3everability. If any aec-
cient to meet thie requirement, and tion, paraRraph, clause or proviaioa of
telephone inquiry af the office of the this ordinance shall be declared by a
Ramsey County Treaeurer shall be deem- court the competent jurisdietion to be
ed reasonable inquiry for the purpose invalid, such decislon shall not affect
of ascertaining euch addresses. If the the validity of this ordinance as a whole
subject premises are unoccupied then or any other part thereof.
mailing to the address of the owner as Section 10. Effective Date. Thie
shown by the recorda of the Ramaey ordinance shall take effect and be in
County Treasurer shall be deemed suffi- force from and after its yaseage and "
cient. publication.
3a6division 2. Removal of Dieeased Passed by the Council of the Vi11aBe
Trees; Burning. An owner of real of Arden Hille thia 14th day of Auguet,
estate in the ViHage who is thua notified 1967,
of the exietence on hie property of Robert E. Nethereut, Mayor
trees diseased with Oak Witt se pro- Atteat• Larraine E. 3tromquist
vided in Subdivieion 1 hereof muat by Administrative Clerk '
the first day of March of the following (Bullet3n: Aug. 17, 1867)
Year following auch original notice cut
STATE OF MINNESOTA down said diseased trees and remove all
COUNTY OF RAMSEY parts, branches and brush therefTOm
VILLAGE OF AR.DEN HILLS from the Village. In lieu oF euch remov-
ORDINANCE NO. 102 al the owner may, within the limite pre-
AN ORDINANCE PROVIDING A PRO- scribed by applicable Village ordinance,
GRAM FOR THE PREVENTION OF burn said diaeased tree or trees on his
OAK WILT DISEA3E IN THE VIL- own premises or upon such locatione
LAGE OF ARDEN HILLS AND PRO- within the Village as may be designated
VIDING PENALTIES FOR VIOLATION for such purpose by the Foreater. The
THEREOF. owner shall aleo poison the atumps of
3ection 1. Declaration Of Policy. The the trees diseased with Oak Wilt in
Village Council of Arden Hills has deter- such manner as may be apBroved by the
mined that the health of oak trees within I'orester.
the municipal limite is threatened by a Section 6. Abatement By Village.
fatal tree disease commonly known as Su6diviaion 1. Following Annual In-
Oak Wilt Disease. It has further deter- spection. Upon receipt and approval of
mined that the ]oss of oak trees growing the report of the Foreater required by
upon public and private praperty would Section 4 hereof, the Counci] shall bq
resolntion order the nuisances abated,
substantially depreciate the value oE
b
property within the Village and impair ut auch abatement shall be poatDQned
the safety, good order, general welfare until the firat day of March of the year
following such resolution in order that
and convenience of the public. It is de-
the
clared to be the intention of the Council owner of the property may abate the
to control and prevent the spread of these nuisances as provided in the previoua
diseases and this ordinance is enacted for section. In the event the owner fails
that purpose. or refuses to abate the nuisancea as ao
Section 2. Foreater. The poaition of required then, following said Mareh 1,
the I'orester shall abate the nuisances of
Village Forester ia hereby created and
flny remaini
the powers and duties of such office are ng diseased trees by having
hereby conferred upon the Commission- them cut down and burned on the owners
er of Parks and Playgrounds as designat- Premises, or removed if burning ia not
from time to time by the Mayor with Perm ancesitted under applicable village ordin-
ed the concurrence of the Council. .
subdivision 2. Following Emergency
It is the duty of the Forester to co-
Inspection
ordinate, under the direetion and control . If after an emergency in-
of the Council, all activities of the Vil- sPection as autharized by the provisions
of this ordinance the Forester finda that
lage relating to the control and preven-
the
tion of oak wilt disease. He shall recom- danger of the infestation of other
mend to the Council the details of a mitrees from a diseased tree or treea ie im-
program for the wntral of said disease nent, he shall notify the property
and perForm the duties incident to such owner by certified mail of the existence
dopted by the Council. of the nuisances and shall further no-
a Section program 3. as aNuisances Declared: Abate- tify the property owner that the nuisance
must be abated within a specified time,
ment. Any tree within the Village in-
not l
fected with Oak Wilt disease is declarecl ess than a days fram date of mai]-
to constitute a nuisance; provided how- ~ng sueh notice. Such other and addi-
ever, nothing in this Ordinance shall tional notice may be given the property
owner as appears reasonable and prudent
apply to White Oaks or Burr Oaks,
to the
which are specifically excluded. It is un- Forester under the circum9tances
for any peraon to permit any atethenly existing. The Forester shall immedi-
lawfapublicl nuisances as defined in this sec- report such action to the Council.
and after expiration of the time set forth
tion to remain on any premises owned or
icontrolled by him within the Villase of n the notice he may abate the nuisances
by having the diseased trees cut down
Arden Hills. Such nuisances may be
and
abated in t6e manner prescribed by this burned on the owner's premises, or
removed if burning is not allowed under
ordinance.
a
Section 4. Inspection and Investiga- ~,~licable viliage ordinances.
tion. As early as possible after the pass- Subdivision 3. Requeat For Laboratory
age of this ordinance in 1967, and be- Testing. Any owner of rea] estate in
ore the first of August in following the v~ded village who receivea a notice as pro-
fyears, the Forester shall engage one ox herein, to the effect that Oak
more persons who by training and back- Wilt disease exists on trees on his
ground are 4ua]ified to detect the nres- Droperty, may request the Forester to
ence of Oak Wilt disease, and such per- obtain a laboratory test of one or more
sons shall act as the du!y-auEhorized of euch trees. Such requeats must be
agents of the Porester. As soon as may made within fifteen (I5) daya aEter re-
be done> and preferrably between Au- ceipt or mailing notice, whichever is
gust 1 and October 1 of each year, such final as provided in Section 5 hereof.
shall conduct a survey of the ester UPOn receipt of such request the For-
agenta Village to ascertain the location of trees shall promptly engage the services
of a qualified laboratory to make auch
infected with Oak Wilt disease. Such
tests
agents shall take reasonable steps to as- . If the test confirms the original
certain the existence of the disease and analysis that the tree is infected, the.
then shall mark each infected tree and re9uesting owner shall pay a? expenses
report the results of the survey to the and charge incuxred therefore by the Vi]-
1 orester before October 16 of each year. lage. If the test diaeloses that the tree is
The Forester shall in turn report the not so diseased, the Village shall bear all
results of the survey to the Council at Qf such costs and the Foreater shall re-
its nc~ct following meeting. move the tree from the list of diseased
In addition to such regular ins ections trees. If the test confirms the origina]
p :inalysis that the tree is diseased, notice
the I'orester shall, whenever he deems thereof shall be sent the owner by the
it necessary to have an additional in- Torester as provided in Section b, Subdi-
spection, similarly engage agents for vision 1 hereof, and the owner shall re-
such surveys, and the results af su^h move such tree or trees within one
inspectiona shall be duly reported to the week after receipt or mailing of such
Council. notice, whichever is final under euch
The P'orester and his duly-nuthorized
agents and inspectors shall have the right Provision.
to enter upon private premises, but ex- Subdivision 4. Assessment of Costs.
cluding houses used as private residences. The Forester shall keep a record of the
at any reasonable time for the purpose of costs of abatements performed under this
ordinance and shall report monthly to the
carrying out the duties assigned to the Village Clerk all work done for which
I'orester under this ordinance, including assessmentg are to be made, stating and
inapection, treatment, cutting, burning certiFying therein Lhe descriptian of the
or removing of diseased Urees. land involved and the amount chargeable
Section 5. Abatement of Nnisancea by to eaeh parcel. On or before September
Property Ownera. 1 of each year the Clerk shall list the
Subdivieion 1. Noticea Following An- total unpaid charges for such abatement
nual Inepection. Before November 1 of aRainst each separate lot or parcel to
each year the Forester shall notify each which they are attributable. Such charges
owner of real estate within the Village may then be spread by the Counci] as a
where diseased trees have been located, special assessment againat the property
which notice shall contain the survey involved Pursuant to the provisions of
information with respect to diseased Chapter 429 of Minnesota Statutes, and
trees upon the property and shall further said assesaments certified to the County
advise that, in accordance with Subdivi- Auditor as provided by law.
sion 2 hereof, the owner is required to Section 7. Interference Prahi6ited. It
remove or burn said trees by March i is unlawful for any person to prevent,
of the following year. Such notice shall delay or interfere with the Eoreater or .
be repeated by the Forester between his agenta while they are engaged in t6e
February 1 and Febniary 15 of the fol- performanee of duties impased by this
lowing year. Such notices shall be sent ordinance.
by certified mail with return receipt re- Section 8. Penaltiea. An9 Person,
yuested to the last known addreas of said firm or corporation violating the provi-
owner; in the event that the certified sions of this ordinance shall be guiltY of
mail i$ not delivered mailing by ordin- a misdemeanor and, upon conviction
ary mail to such address shall be deemed thereof, shall be punished by a fine of
sufficient notice. not more than $100.00 or imprisonment
The notices to be sent under the pro- for not more than 90 daYS. Each seven
visions of this ordinance shall be sent day period, or any Part thereof, follow-
to the occupant of the premisea upon ing the first of March of any given year
which the subject trees are located, if during which said peraon, firm or cor-
those premisea are occupied, and also to poration allows a diaeased tree (that has
the owner of such premises, if such Ueen marked as such during the annua]
owner has an address different from the survey) to remain on his property, or to
snbject premises and such address is dis- allow the parta or brush therefrom to
closed by the records of the Iiamsey remain on his property, shall constitute
County Treasurer. Peasonable inquiry by a separate violation hereunder.
the Forester or his agent shall be suffi- 3ection 9. 3everability. If any eec-
cient to meet this requirement, and tion, paraSraph, clause or proviaion of
telephone inqmry of the office of the this ordinance shall be declared by a
Ramsey County Treasurer shall be deem- court the competent jurisdfction to be
ed reasonable inquiry for the purpose invalid, auch decision shall not affect
of ascertaining such addressea. If the the validity of this ordinance as a whole
subject premisea are unoceupied then or an9 ather part thereof.
mailing to the address of the owner as 3ection 10. Effective Date. This
shown by the reeords of the Ramaey ordinance shall take effect and be tn
County Treasurer shall be deemed auffi- force from and after ita passage and
cient. publication.
Sabdiviaion E. Removal of Diaeaaed passed hy the Council oi the Village
Trees: Batning. An owner of real of Arden Hills this 14th day of August,
eatate in the Village who is thus notified 1967,
of the existence on hia propert9 of Robert E. Nethercut, Mayor
trees diseased with Oak Wilt as pro- Attest; Lorraine E. Stromquist
vided fn Subdivision 1 hereof must by Adminiatrative Clerk
the first day of March of the following (Bulletin: Aug. 17, 1967)
Year following such original notice cut
STATE OF MINNESOTA down said diseased trees and remove all
COUNTY OF RAMSEY parts, brancbes and brush therefxam
VILLAGE OF ARDEN HILLS from the Village. In lieu of such remov-
ORDINANCE NO. 102 al the owner may, within the limits pre-
AN ORDINANCE PHOVID7NG APRO- scribed by aHHlicable Village ordinance>
GR.AM FOR THE PREVENTION OF 6urn said diseased tree or trees on his
OAIi WILT DI3EASE IN THE VIL- own premisea or upon such locations
LAGE OF ARDEN HILLS AND PRO- within the Village as may be designated
VIDING PENALTIES FOR VIOI.ATION for such purpose by tke Forester. The /
THEREOF. owner shall also poison the stumpa of ~
Section 1. Declaration Of Policy. The the trees diseased with Oak Wilt in
Village Council of Arden Hills has deter- such manner as may be aSProved by the
mined that the health of oak trees within Forester.
the municipal limits is threatened by a Section 6. Abatement By Village.
fatal tree disease commonly known as Subdiviseon 1. Following Annaal In- ~
spection. UPOn receipt and approval of
Oak Wilt Disease. It has further deter-
mined that the losa of oak trees growing the report of the Forester required by
upon public and private property would Section 4 hereof, the Council shall by
resolution order the nuisancex abated,
substantially depreciate the value of
bproperCy within the Village and impair ut such abatement shall be postponed
the safety, good order, general welfare until the first day of March of the year
following such resolution in order that
and convenience of the public. It is de-
the
clared to be the intention of the Couneil owner of the property may abate the
to control and prevent the spread of these nuisances as provided in the previoua
diseases and this ordinance is enacted for• sectian. In the event the owner fails
that purpoae. or refuses to abate the nuisances as so
Section 2. Forester. The paeition of ~'e4uired then, following said March 1.
~ orester is hereby created and the I'orester shall abate the nuisances of
Village F
any remaining diseased
the powera and duties of such office are trees by having
hereby conferred upon the Commission- Chem cut down and burned on the owners
er of Parka and Playgrounds as designat- nremises, or removed if burning is not
pfrom time to time by the Mayor with anceaermitted under applicable village ordin-
ed the concurrence of the Council. .
Subdivision 2. Following Emergency
It is the duty of the Forester to co-
Inspecti
ordinate, under the direction and control on. If after an emergency in-
of the Counci6 all activities of the Vi]- spection as suthorized by the proviaiorts
of this ordinance the P'orester finds that
lage relating to the control and preven-
the danger
tion of oak wilt disease. He shall recom- of the infestation of other
mend to the Council the details of a tx• miees from a diseased tree or trees ia im-
program for the eontrol of said disease nent, he shall notify the property
and perform the duties incident to such o~'ner by certified mail of the existence
dopted by the Council. of the nuisanees and shall further no-
a Section program 3. as N auisances Declared: Abate- tify the property owner that the nuisance
ment. Any tree within the Villa in- must be abated within a specified time,
ge not less than a days fram date of mail-
fected with Oak Wilt disease is declarecl ing such notice. Such other- and addi-
to constitute a nuisance; provided how- tional notice may be given the propertY
ever, nothing in this Ordinance shall owner as appears reasonable and prudent
apply to White Oaks or Burr Oalcs, to the Porester under the circumstances
which are apecifically excluded. It is un- then existing. The P'orester shall immedi-
lawful for any person to permit any ately report such action to the Council,
public nuisances as defined in this sec- fxnd after expiration of the time set forth
tion to rema~n on any premises owned or in the notice he may abate the nuisances
controlled by him within the Village of by having the diseased trees cut down .
Arden Hills. Sucli nuisances may be and burned on the owner's premises, or
abated in the manner prescribed by this removed if burning ia not allowed under
ordinance. applicable village ordinances.
Section 4. Inspection and Investiga- Subdivision 3. Request For Laboratory
tion. As early as possible after the ptiss- resting. Any owner oF rea] estate in
age of this ordinance in 1967, and be- the village who receives a notice as pro-
fore the firat af August in followmg v?ded herein, to the effect that Oak
years, the Forester shall enqage one or Wilt disease exists on trees on his .
more persons who by training and back- property, may request the Forester to
ground ax•e qualified to detect tLie nres- obtain a]aboratory test of one or more
ence of Oalc Wilt disease, and such per- of such trees. Such requests must be -
sons shall act as the duly-authorized made within fifteen (16) days after re-
agents of the I'orester. As soon as may ceipt or mailing notiee, whichever is
be done, and preferrably between Au- Cinal fls provided in Section 5 hereof. gust 1 and October 1 of each year, such Upon receipt of such requestthe For-
agents shall conduct a surcey of the ester shall promptly engage the services
Village to ascertam the location af trees of a qualified laboraEory to make such
infected with Oalc Wilt disease. Such tests. ]f the test confirms the original
agents shall take reasonable steDs to as- analysis that the tree is infected, the
certain the existence of the disease and re9uesting owner shal-l pay all expensea
then shall mark each infected tree and and charge incu-rred therefore by the Vil-
report the results of the survey to the la$e. If the test discloses that the tree is
Forester before October 16 of each year. nat so diseased, the Village shall bear a11
The Forester shall m turn report the of such costs and the Forester shall re- results of the survey to the Council at move the tree from the list of disea,sed
its next fo]]owing meeting. ts•ees. If the test conFirms the origina]
In addition to such regular inspections analysis that the tree is diseased, notice
the Porester shall, whenever he deems thereof shall be sent the owner by the
it necessary to have an additional in- P'orester as provided in Section 5, Suhdi- -
spection, similarly engabe agents for cision 1 hereof, and the owner shall ce-
such surveys, and the results of su^.h move such tree or trees within one
inspections shall be duly reported to tne weelc after receipt or mailing of such
Council. notice, whichever is final under euch
The I'orester and his duly-authorized provision. -
agents and inspectors shall have the riglit Subdivision 4. Assessment of Coats. to enter upon private premises, but es- The Forester shall keep a record of the
cluding houses used as private residences. costs of abatements performed under this
at any reasonable time for the purpose of ordinance and shall report monthly to the
carrymg out the duties assigned to the Village Clerk all work done for which Porester under this ordinance, ineludinm a,ssessments are to be made, stating and
insnection, treatment, cutting, burning certifying therein the description of the
or removing af diseased trees. land involved and the amount chargeable
Section 5. Abatement of Nuisancex by to each parcel. On or before September
Property Owners. 1 of each year the Clerk shall list the
Subdiviaion 1. Notices Following An- total unpaid charges for such abatement
nual dnspection. 7aaf~*o Nn..a,,,hnr• 1 ~e ngainst each separate lot or parcel to .
each year the Forester shall notif ch which they are attributable. Such charges
owner o rea es a e wi in e Villave may then be spread by the Counci] as a
w ex•e iaQas trees have been ocat snecial assessment against the property
wFie notice shall contain t e~- s' urvey involved nursuant to the provisions o4
informntion with respect t) diseased Qhanter 429 oF Minnesota Statutes, and
tx•ees upon the praperty and shall further said assessments certified ta the County
advise that, in accordance with Subdivi- Auditor as'provided by law.
sion 2 hereof, the owner is required to Section 7. Interfeience Prohibited. It remove or burn said trees by March 1 is unlawful for any person to prevent,
of the followmg year. Such notice shall delay or interfere with the Forester or
be repetited by the Forester between his agents while they are engaged in the
I'ebruary 1 and February 15 oF the fo]- performance of duties impoaed by this
]owing year. Such notices shall be sent ordinance.
by certified mail with return receipt re- 'Section S. Penaltiea. Any person, -
4ues e o e as known address of said firm or corporation violating the provi-
owner; in the event that the certifled sions of this ordinance shall be guilty of
mai] is nat delivered mailing by ordin- a misdemeanor and, upon conviction
ary mai] to such address shall be deemed thereof, shall be punished by a fine of
sufficient notice. not more than $100.00 or imprisonment
The notices to be sent under the nro- for not more than 90 days. Each seven
visions of this ordinance shall be sent day period, or any pait thereof, follow-
to the oceupant of the premises upon ing the first of March of any glven year
which the subject trees are ]ocated, if during which said person, firm or cor-
those premises are occupied, and also to poration allows a diseased tree (that has
the owner of such gremises, if such been marked as such daring the annual
owner has an address different from the survey) to remain on his property, or to
subject premisea and such address is dis- allow the Parts or bruah therefram to
closed by the records of the Ramsey remairi on his property, shall conatitute
County Treasurer. Reasonable inquiry hy a separate violation hereunder.
~ the Forester or his agent shall be suffi- 3ection 9. Severability. If any eee-
cient to meet this requirement, and tion, paragraph, clause or provision of
telephone inquiry of the office of the this ordinance shall be declared by a
Ramsey County Treasurer shall be deem- court the competent juriediction to be
ed reasonable inqwry for the purpose invalid, such decision shall not affect
of ascertaining such addressea. If the the validity of this ordinance as a whole
subject premises are unoccupied then or any other part thereof.
mailing to the address of the owner as Section 10. Effective Date. Thie
shown by the records of the Ramsey ordinance shall take effect and be in
County Treasurer shall he deemed suffi- force from and after ita
ci passage and
ent, -
Subdivision 2. pubIication.
Removal of Diseased Passed by the Council of the Village
Treea; Burning. An owner of real of Arden Hills this 14th daY of Auguat,
estate in the Village who ia thus notified 1967.
of the existence on his property of Robert E. Nethercut, Mayor
treea diseased with Oak Wilt as pro- Attest: Lorraine E. Sbromquist
vided in Subdivision 1 hereof must by Adminiatrative Clerk
the first day of March of the following (Bulletin: Aug. 17, 1967)
year following such original notice cut
STATE OF MINNESOTA down said diseased trees and remove all ,
COUNTY OF RAMSEY parts, branches and bruah therefirom
VILLAGE OF ARDEN ffiLLS from the Village. In ]ieu of auch remov-
ORDINANCE NO. 102 al the owner may, within the limita Drr . ~
AN ORDINANCE PROVIDING A PRO- scribed by applicable Village ordinance, \
GRAM FOR THE PREVENTION OF burn said diseased tree or trees on his vl
OAK WILT DISEA3E IN THE VIL- own Bremiaes or upon sueh locatione LY
LAGE OF ARDEN HILL3 AND PRO- within the Village as may be designated X~
VIDING PPsNALTIES FOR VIOLATION for such purpose by the Forester. The ~
THEREOF. owner shall also poison the atumpa of l~
Section 1. Declsration Of Policy. The ' the trees diseased with Oak Wilt in
Village Council of Arden Hilla has deter- such manner as may be aDProved by the O \Q\
mined that the health of oak trees within I'orester. ~
the municiga] limits is t6reatened by a Section 6. Abatement By Vlllage.
fatal tree disease commnnly known as Subdivision 1. Following Annual In-
Oak Wilt Disease. It has further deter- spection. Upon receipt and apDroval of
mined that the loas of oak trees growing the report of the Forester required by
?pon public and private property would Section 4 hereof, the Council shall by
resolution order the nuisances abated,
substantially depreciate the value of
.
b
propert9 within the Village and impair ut such abatement shall be D~tpaned
the safety, good order, Beneral welfare until the first day of M~rch of the year
following such resolution in order that
and convenience of the public. It is de-
the
clared to be the intention of the Council owner of the property may abate the
to control and prevent the spread of these nuisances aa provided in the previous
diseases and this ordinanee is enacted for section. -In the event the owner fails
that purpose. or refuses to abate the nuisances as so
required then, following said March 1,
Section 2. Foregter. The position of
the Foreste shall
Village I'orester ia hereby created and r abate the nuisances of
~ the Bowers and duties of sueh office are any remaining diseased trees bY having
hereby conferred upon the Commission- them cut down and burned on th0 ownera
er of Parks and Playgrounds as designat- Premisea, or removed if burning is not
ed from time tio time by the Mayor with ancespermitted under apPlicable village ordin-
the concu•rrenee of the Council. .
Sabd'eviaion 2. Following Emergency
It ia the duty of the Forester to co.
Inspection. If after
ordinate, under the direction and control an emergency in-
of the Council, all activities of the Vil- spection as suthorized by the provieiona
of this ordinance the Forester finda that
lage relating to the control and preven-
the danger
tion of oak wilt disease. He shall recom- of the infestation of other
mend to the Council the details of a mtrees from a diseased tree or trees is im-
program for the control of said disease inent, he shall notify the property
and perform the duties incident to sueh owner bY certified mail of the existence
adopted by the Council. of the nuisances and shall £urther no-
a S prograectionm 3. aa Nuisances Declared: Abate- tify the property owner that the nuisance
must be abated within a specified time,
ment. Any tree within the Village in-
nat lese than
fected with Oak Wilt disease is declared 6 days fram date of mai]-
to constitute a nuisance; provided how- ~ng such notice. Such other and addi-
ever, nothing in this Ordinance shall tional notice may he Riven the property
owner as appeara reaeonable and grudent
apply to White Oaks or Burr Oaks,
to the
which are specifically excluded. It ia un_ I'orester under the circumstances
lawful for any peraon to permit any then existing. The I'orester shall immedi-
public nuisancea as defined in this sec- <<~ly report such action to the Council,
and after expiration of the time set forth
tion to remain on any premises owned or
icontrolled by him within the Village of n the notice he may abate the nuisances
by having the diseased trees cut down
Arden Hills. Such nuisances may be
and
abated in the manner prescribed by thie burned on the owner's premiaes, or
removed if burning is not allowed under
ordinance.
Section 4. Inapection and Investiga- aDnlicable village ordinances.
tion. As early as possible after the pass- Subdivision 3. Reqaest For Laboratory
age of this ordinance in 1967, and be- Teating. Any owner of real estate in
fore the first of August in followin the village who receives a notice as pro-
6 vided herein, to the effeet that Oak
years, the Forester shall engase one or Wilt disease exists on trees on his
more persons who by training and back. property, may requesE the Forester to
ground are qualified to detect the n!'es- ohtain a]aborator9 test of one or more
ence of Oak Wilt disease, and such per•- of such trees. Such requesta must be
sons shall act as the duly-authorized made within fifteen (15) days after re-
agents of the Forester. As soon as may ceipt or mailing notice, whichever is
be done, and preferrably between Au. final as provided in Section 6 hereof.
gust 1 and October 1 of each year, such Upon receipt of such request the For-
agents shall conduct a survey of the ester shall promptly engage the services
Villase to ascertain the location of tx•ees oE a qualified laboratory to make ench
infected with Oak Wilt disease. Such tests. If the test confirma the original
agents shall take reasonable stens to as- analysis that the tree is infected, the
certain the existence of the disease and re4uesting owner ahal~l pay all expenses
then shall mark each infected tree and and chax•ge incurred therefore bY the Vil-
report the results of the eurvey to t6e Iage. If the test diacloses that the tree is
Forester before Octaber 15 of each year, not so diseased, the Yillage shall bear all
The Forester shall in turn report the of such eosts and the F'orester shall re-
results of the survey to the Council at move the tree from the ]ist of diseased
its next following meeting. trees. If the test- confirma the original -
In addition to auch regular inspections zinalysis that the tree is diseased, notice
the I'orester shall, whenever he deems thereof shall be aent the owner by the
it necessary to have an additional in- Forester as provided in Section 6, Subdi-
spection, simalarly engage aaents for vision 1 hereof, and the awner shall re-
such aurveys, and the results of su~h move such tree or trees within one
inspections shall be duly reported to the weelc after receipt or mailing of such
Council. notice, whichever is final under such
The Foreater and his duly-authorized provision.
agents and inspectors shall have the right Subdiviaion 4. Aseeaement of Costa.
to enter upon private premises, but ex- The Forester shall keep a record of the
cludfng houses used as private residences. costs oP abatements performed under this
at any reasonable time for the nurpose of ordinance and shall report monthly to the
carrying out the duties assigned to the Village Clerk all work done for which
Forester under this ordinance, includinn assessments are to be made, stating and
inspection, treatment, cutting, burning certifying therein the description oF the
or removing of diseased Crees. land involved and the amount chargeable
Section 5. Abatement of Nnisances by to each parcel. On or before September
Property Owners. 2 of each year the Clerk shall ]ist the
Subdiviaion 1. Noticee Following An- total unpaid charges for such abatement
nual Inspection. Before November 1 of afiainst each separate lot or parcel to
ench year the Forester shall notify each which they are attributable. Such charges
owner of real estate within the Village may then be spread by the Council as a
where diseased trees have been located, special assessment againat the property
which notice shall contain the survey involved pursuant to the proviaions of
information with respect to diseased Chapter 429 of Minnesota Statutes, and
trees upon the property and shall further said assessments certified to the County
advise that, in accordanee with Subdivi- Auditor as grovided by law.
sion 2 hereof, the owner is required to Section 7. Interference Pmhibited. It
remove or burn said treea by March 1 ' is unlawful for any person to prevent,
of the following year. Such notice shall delay or interfere with the Forester or
be repeated by the Forester between his agents while they are engaged in the
rebruary 1 and February 15 of the Fol- performanee of dutiea impoaed by thia
lowing year. Such notices shall be sent ordinance.
by certified mail with return receipt re- Section S. Penalties: Any Berson,
quested to the last known address of said firm or corporation violating the provi-
owner; in the event that the certified sions of this ordinance shall be guilty of
mail is not delivered mailing by ordin- a miademeanor and, upon conniction
ary mail to auch address shall he deemed thereof, shall be punished by a fine of
sufficient notice. not more than $100.00 or fmpr9sonment
The notices to be aent under the pro- for not more than 90 days. Each seven
visions of this ordinance shall be aent day period, or any pQrt thereof, follow-
to the occupant of the premises upon ing the first of March of any given year
which the subject trees are Iceated, if during which said person, firm or cor-
those prcmises are cecupied, and also to poration allowa a diseased tree (that has
the owner of such premises, if such been marked as such during the annual
owner has an address different from the survey) to remain on his property, or to
subject premises and such addresa is dis- allow the parts or brush therefrom to
closed by the records of the Ramsey rematn on his property, shall conatitute
County Treasurer. Reasonable inquiry b,y a separate violation hereunder.
~ the Forester or his agent shall be suffi- 3ection 9. 3evera6tlity. If any eec-
cient to meet this requirement, and tion, paragraph, clause or proviaiott of
telephone inquiry of the office of the thia ordinanee shall be declared by a
Ramsey County Treasurer shall be deem- court the competent juriadiction to be
ed reasonable inqmry for the purpose invalid, such decision shall not affect
of aecertaining such addresses. If the the validity of this ordinance as a whole
subject premisea are unoccupied then or any other part thereof.
mailing to the address of the owner as Section 10. Efiective Date. Thia
ahown by the records oF the Ramaey ordinance shall take effect and be in
County Treasurer shall be deemed suffi_ force from and after its paasage and cient. publication.
3ubdivision 2. Removal of Diseased Passed by the Councii of the Viliage
Treea; Buming. An owner of real of Arden Hille thia 14th da9 of AuBuat,
estate in the ViJlage who ia thua notified 1967.
of the existence on hia property of Robert E. Nethercut, Mayor
trees diseased with Oak Wilt as pro- Attest: Iarraine E. Sbromqnist
vided in Subdivision 1 hereof must by Adminiatrative Clerk
the firat day of March of the following (Bulletin: Aug. 17, 1967)
. Year following auch original notice cnt -