2011-04-27 CC Packet - Laserfiche WebLink

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under Minn. Stat. § 429.101 against each separate lot or parcel to which the charges are attributable. The City Council may then certify the charges against the property to the county auditor for collection along with current taxes the following year or in annual installments as the City council may determine in each case. (P) Penalty. See §91.99 (1) In addition to any penalties provided for in this section, if any person, firm, or corporation fails to comply with any provision of this section, the City Council or any official designated by it may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation. (Q) Severability. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same sha11 not affect the validity of the ordinance as a whole or any part thereof other than the part held to be invalid. §91.11 DECLARED SHADE TREE PESTS, CONTROL MEASURES, AND CONTROL AREAS (A) Oak Wilt. (1) Oak wilt disease is a shade tree pest and is defined as any living or dead tree, log, firewood, limb, branch, stump, or other portion of a tree from any species of the genus Quercus existing within the control area defined that has bark attached and that exceeds three (3) inches in diameter or ten (10) inches in circumference and contains to any degree any spore or reproductive structures of the fungus Ceratocystis .fagacearum. (2) Control measures that may be taken to abate oak wilt disease are: (a) Installation of a root graft barrier. A root graft barrier can be ordered installed to prevent the underground spread of oak wilt disease. The City will mark the locarion of the root graft barrier. The barrier disrupts transmission of the fungus within the shared vascular systems of root grafted trees. The barrier is created by excavating or vibratory plowing a line at least forty-two (42) inches deep between any oak tree infected with oak wilt disease and each nearby and apparently healthy oak tree within fifty (50) feet of the infected tree. (b) Removal and disposal of trees. (i) On property zoned for residential and commercial use. On property that is zoned residential and commercial the City may mark for removal trees that have the potential to produce spores of the fungus Ceratocystis fagacearum. After, and in no case before, the installation of the root graft barrier and no later than May 1 of the year following infection, all marked trees must he felled and disposed of. The stump from such felled trees must not extend more 47