2011-04-27 CC Packet - Laserfiche WebLink

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CITY OF CENTERVILLE, MINNESOTA ORD. # , SECOND SERIES AN ORDINANCE AMENDING CITY CODE CHAPTER 91 PRESCRIBING CONTROL MEASURES FOR SHADE TREE PESTS THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Section 1. City Code Chapter 91 is hereby amended to insert Sections 91.10 and 91.11 to read as follows: § 91.10 SHADE TREE PEST CONTROL. (A) Declaration of policy. The health of the trees in the City is threatened by shade tree pests, and the loss or ill health of trees growing upon public and private property substantially depreciates the value of property within the City and impairs the safety, good order, general welfare and convenience of the public. In addition to and in accordance with Minn. Stat. §§89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. (B) Jurisdiction. The City shall have control of all street trees, shrubs, and other plantings now or hereafter in any street, park, public right-of-way or easement, or other public place within the City limits, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs, and other plantings. (C) Declaration of a shade tree pest. The Council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest, as defined by Minn. Stat. §89.001, to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest, including necessary timelines for action. (D) Public nuisances defined. A shade tree pest, as defined in this chapter, occurring within a defined control zone is a public nuisance. (E) Shade tree pest nuisances are unlawful. It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises the person owns or controls within the , City. The nuisance may be abated as provided in this section. (F) Tree Inspector. The Council hereby designates its tree inspector to coordinate the activities of the City relating to the control and prevention of damage by shade tree pests. The tree inspector will recommend to the Council the details of any program for the declaration, control, and prevention of shade tree pests. The tree inspector is authorized to enforce or cause to be enforced the tasks incident to such a program adopted by the Council. The term "tree inspector" includes any person designated by Council or the tree inspector to carry out activities authorized in this section. Unless the Council has made another designation of Tree Inspector, such duties shall be allocated to the Public Works Director. (G) Abatement of shade tree pest nuisances. (1) In abating a shade tree pest nuisance, the organism, condition, plant, tree, wood, or 44