HomeMy WebLinkAboutOrdinance - 186 - Relating to Control and Prevention of Tree Disease - 08/14/1973 r
VILLAGE OF ED EN PRAIRIE
ORDINANCE NO. 1 RF
AN ORDINANCE RELATING TO THE CONTROL AND
PREVENTION OF TREE DISEASES.
The Village Council of Eden Prairie ordains as follows:
Section 1. Declaration of Policy.
The Village Council of the Village of Eden Prairie has determined
that the health of the trees within the municipal limits is threatened
by tree diseases. It is further determined that the loss of trees
growing upon public and private property would substantially depreci-
ate the value of property within the Village and impair the smfety,
good order, general welfare and convenience of the public. It is
declared to be the intention of the Council to control and prevent
the spread of this disease and this ordinance is enacted for that
purpose.
Section 2 . Public Nuisances Declared.
The following are public nuisances whenever they may be found
within the Village of Eden Prairie:
a . Any living or standing Elm tree or part thereof infected to
any degree with the Dutch Elm disease fungus Ceratocystis
Ulmi (Buisman) Moreau or which harbors any of the elm
bark beetles Scolytus Multistriatus (Eichh.)or Hylurgopinus
Rufipes (Marsh).
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b . Any dead Elm tree or part thereof including logs, branches,
stumps, firewood or other Elm material, the bark of which i
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has not been removed.
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c . Any living or standing oak tree or part thereof infected to
any degree with the Oak Wilt Disease fungus Ceratocyrstris
Fagacearum.
It is unlawful for any person to permit any public nuisance as
defined in this section to remain on any premises owned or con-
trolled by him within the Village of Eden Prairie. Such nuisances
shall be abated in the manner prescribed by this ordinance.
Section 3 . Inspection, Investigation and Testing.
{ ` The Village Manager shall cause all premises and places within
the Village to be inspected as often as practicable to determine
whether any condition described in Section 2 of this ordinance exists
thereon, and to have investigated and tested all reported incidents of
such infestation.
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Section 4. Abatement of Tree Disease Nuisances.
In abating the nuisances defined in Section 2 , the infected tree or
wood shall be sprayed , removed, or otherwise effectively treated
so as to destroy and prevent as fully as possible the spread of
the disease. Such abatement procedures shall be carried out in
accordance with current technical and expert opinions and plans,
and with the approval of appropriate Village officials .
Section S . Procedure for Removal of Infected Trees and Wood.
When it appears with reasonable certainty that the infestation de-
fined in Section 2 exists in any tree or wood in any public or
private place, the owner shall be notified and ordered to remove
the same in a manner approved by the Village Manager. If the
owner fails to comply with the order, the Village Manager may act
to abate the nuisance. In the event that the owner cannot be con-
tacted, the Village shall send notice by certified mail to the last
known address of the owner of record and shall then proceed forth-
with to abate the nuisance.
Section 6. Assessments.
Each year the clerk shall list the total unpaid charges for each
abatement against each separate lot or parcel to which they are
attributable under this ordinance. The council may then spread
the charges or any portion thereof against the property involved as
a special assessment under Minnesota Statutes Chapter 429 and
other pertinent statutes, for certification to the county auditor and
collection the following year along with current taxes.
Section 7. Spraying and Pruning Trees.
Whenever it is determined that any tree or wood within the Village
is infested by any disease or insects as described in Section 2 ,
the Village may order the owners of all nearby high value trees to
prune and to spray the same with an effective preventive concentrate
in a manner approved by the Village Manager. Upon failure to s
comply with such an order, the Village may proceed forthwith to
take appropriate action. Spraying activities authorized by this
section shall be conducted in accordance with technical and expert
opinions and plans of the Commissioner of Agriculture , with the 1
approval of appropriate Village officials , and under the supervision
of the commissioner and his agents whenever possible . Notice
shall be given as provided in Section S .
Section 8. Transporting Certain Types of Wood Prohibited.
It is unlawful for any person to transport within the Village any
bark-bearing elm wood or wood infested by disease or insects
without having obtained a permit from the Village Manager, who
shall grant such permits when the purposes of this ordinance will
/ be satisfied.
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Section 9. Reporting Discovery of Tree Disease.
Any owner or occupier of land or any person engaged in tree
trimming or removal who becomes aware of the existence of a
tree disease as defined in Section 2 shall report the same to
the city.
Section 10 . Interference Prohibited.
Village personnel may enter upon private premises at any reason-
able time to carry out the purposes of this ordinance. It is
unlawful for any person to prevent, delay or interfere with Village
personnel while they are engaged in the performance of duties E
imposed by this ordinance.
Section 11. Penalty. f
Any person who violates this ordinance is guilty of a misdemeanor i
and may be punished by a fine of not to exceed $300. 00 or by
imprisonment for not to exceed 90 days , or both.
Section 12 . Effective Date.
This ordinance shall take effect fifteen days after its publication.
First read at a regular meeting of the Council of the Village of Eden
Prairie on August 14, 1973 and finally read, adopted and ordered pub-
lished at a reauiar meeting of the ncil of iad 11 a on the 28th
day of August.
rN ayor
Attest:
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SUN NEWSPAPERS ;
AFFIDAVIT OF PUBLICATION
MIDWEEK
EDEN PRAIRIE SUN
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6601 W. 78th St. Bloomington, Minnesota `
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State of Minnesota
County of Hennepin }
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been life vice president and printer of the newspaper known as The Eden Prairie Sun and
has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the ti
English language in newspaper format and in culurrin and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least
once each week. (3) Said newspaper has 50% of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers. has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry as second- u
class matter in its local post-office. (5) Said newspaper purports to serve the Village of
Eden Prairie in Hennepin County and it has its known office of issue in the City of
Bloomingtcn in Hennepin County, established and open during its regular business hours for
1he gathering of news, sale of advertisements and sale of subscription and maintained by the
managing officer or persons in its employ and subject to his direction and control during all
such regular business hours and devoted exclusively during such business hours to the l
business of the newsppaer and business related thereto. (6) Said newspaper files a copy of n
each issue immediately with the State Historial Society. (7) Said newspaper has complied
with all the foregoing conditions for at least two years preceding the day or dates of publication r.
'rlentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the f
Secretary of State and signed by the publisher of said newspaper and sworn to before a notary
public stating that the newspaper is a legal newspaper.
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Ordinance No.
He further states on oath that the printed Or 186
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed n
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and published therein in the English language, once each week, for One successive weeks; Z
73
that it was first so published on Thurs the �3 day of September
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and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being 4
the size and kind of type used in the composition and publication of said notice, to-wit:
abcdef hi klm rstamws g f � n I � I
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Subscribed and sworn to before me this 13 day of September 19 73 ,
(Nottarlai Seal) .
'G. M. Vest, Notary Public, Hennepin County, Minn.
My Commission Expires April 18t:h, 1979,
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