HomeMy WebLinkAboutOrdinance - 77-36 - Control and Prevention of Tree Diseases - 10/18/1977 whp/ jh 10/24/77 .
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CITY OF EDEN PRAIRIE
ORDINANCE NO. 77-36
AN ORDINANCE RENTING TO THE CONTROL AND PREVENTION
OF TREE DISEASES.
The City Council of Eden Prairie ordains as follows :
Section 1. Declaration of Policy
The City Council of the City 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 depreciate the value of property within
the City and impair the safety, good order, general welfare and convenience
of the public. It is declared to be the ir.tention of the Council to attempt
to control and attempt to prevent the spread of these diseases 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 City of Eden Prairie:
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a. Any living or standing Elm tree or part thereof infected
to any degree with the Dutch Elm disease fungus
Ceratccystis 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
has not been removed.
c . Any living or standing oak tree or part thereof infected
to any degree with the Oak Wilt disease fungus Ceratocystis
fagacearum.
It is unlawful for any person to permit any public nuisance as defined
in this section to remain on any premises owned or controlled by him Within
the City of Eden Prairie. Such nuisances shall be abated in the manner
prescribed by this ordinance.
Section 3. Forester.
The position of Forester is hereby created within the City of Eden t
Prairie. The Forester shall be certified by the Commissioner of Agriculture
of the State of Minnesota.
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It is the duty of Forester to coordinate, under the
direction and control of the City Manager, all activities of the
municipality relating to the control and prevention of Dutch
Elm and Oak Wilt diseases. The City Manager shall recommend
to the Council the details of any program for the control and pre-
vention of said diseases and enforce, or cause to be enforced, the
duties incident to such a program adopted by the Council.
Section 4. Inspection, Investigation and Testing.
The Forester shall cause all premises and places within
the City 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 public nuisances .
Section 5. Abatement of Tree Disease Nuisances .
In abating the nuisances defined in Section 2, the infected
tree or wood shall be removed and burned or otherwise effectively
treated so as to destroy and prevent as fully as possible the
spread of the disease. Stich abatement procedures shall be carried
out in accordance with current technical and expert methods and
plans as may be designated by the Commissioner of Agriculture of
the State of Minnesota, and with the approval of appropriate City
officials . ,
Section 6. Procedure for Removal of Infected Trees and
Wood.
Whenever the Forester finds with reasonable certainty that
any of the infestations defined in Section 2 exist in any tree or
wood in any public or private place, he ;shall proceed as follows :
a. If the Forester finds that the danger of
infestation of other elm or oak trees is not
imminent because of elm or oak dormancy, he i
shall make a written report of his findings
to the Council which shall proceed by:
1. Abating the nuisance as a public im-
provement under Minnesota Statutes Ch. 429,
consistent with the methods and plans referred
to in Section 5, or
2. Ordering the nuisance abated by resolution.
Before action is taken on such resolution, the
Council shall publish notice of its intention to
meet to consider taking action to abate the
nuisance. This notice shall be mailed to affected
property owners (as determined by the tax roll of
the County of Hennepin) and published once no less
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than one week prior to such meeting. The
notice shall state the time and place of the meeting,
the property affected, action proposed, the estima-
ted cost of the abatement, and the proposed
basis of assessment, if any, of costs. At such
hearing or adjournment thereof, the Council shall
hear property owners with reference to the
scope and desirability of the proposed project.
The Council shall thereafter adopt a resolution
confirming the original resolution with such
modifications as it considers desirable and
provide for the doing of the work by day labor,
by contract, or, in the case of private property,
by the private property owner if he so chooses .
b. If. the Forester finds that dar_ger: of infestation
of other elm or oak trees is imminent, he shall
serve notice upon the affected property owner in
the mariner presented by Section 6(c) that the
nuisance shall be abated by the City, or by the
property owner in the case of private property,
within a specified time, not less than twenty (20)
days from the date of the mailing of such notice.
The Forester shall immediately report such action
to the Council, and after the expiration of the tine
limited by the notice, he may abate the nuisance in
conformity with Section 5.
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C. The notice required in Section 6 (b) shall be served
in one of the following methods :
(1) By personal delivery of the notice to the
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affected property owner as determined by the
tax roll of the County of Hennepin;
(2) By leaving the notice with a person of suitable
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age and discretion upon the premises ; {
(3) If no such person can be found, by affixing
a copy of the notice to the front door of the premises ;
(4) If no person resides upon the property, by
registered mail to the last known address of the
owner of the property as determined by the tax roll
of the County of Hennepin;
(5) By publishing in the official paper once a }
week, for two successive weeks.
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Section 7. Assessments .
The Forester shall keep a record of the costs of
abatements done under this ordinance and shall report monthly to
the City Clerk (or other appropriate officer) all work done for
which assessments are to be made stating and certifying the
description of the land, lots, and parcels involved and the
amounts chargeable to each. The Clerk each year shall list the
total unpaid charges for each abatement against each separate
lot or parcel to which they are attributable under this ordinance.
In the case of abatements made on private property
which are not provided for by the private property owner, the cost
of such abatement shall be assessed against the lot or parcel of
land on which the public nuisance was located, the Clerk shall
certify the cost., the county Auditor shall extend the same on the
tax roll of the County of Hennepin against the lot or parcel of land,
and it shall be collected and paid to the City as other taxes are
collected and paid. All assessments made for the removal of the
public nuisances defined in Section 2 may, at the option of the
property owner, be payable with interest in installments, not to
exceed five years from the date of the assessment. The Council
r_zay, by appropriate resolution, provide for monetary or other
assistance to be paid froir public monies in the abatement of said
public nuisances defined in Section 2 and the disposition of the
trees or parts thereof which are felled, trimmed or otherwise cut
away, such aid to apply to said public nuisances whether on private
or public property.
Section 8. Spraying and Pruning Trees.
Whenever it is determined that any tree or wood within
the City is infested by any disease or insects as described in
Section 2, the Forester may order the owners (as determined by
the tax roll of the County of Hennepin) of all nearby high value
trees to prune and to spray the same with an effective preventive
concentrate in a manner approved by the City Manager. Upon failure
to comply with such an order, the City may proceed forthwith to
take appropriate action. Spraying activities authorized by this
section shall be conducted in accordance with technical and expert
methods and plans of the Commissioner of Agriculture, with the
approval of appropriate City officials , and under the supervision
of the commissioner and his agents whenever possible. Notice shall
be given as provided in Section 6 (c) .
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Section 9. Transporting Certain Types of Wood Prohibited.
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It is unlawful for any person to transport within the
City any bark-bearing elm wood or wood infested by disease or
insects without having obtained a permit from the City Manager,
who shall grant such permits when the purposes of this ordinance
will be satisfied .
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Section 10. 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 11. Interference Prohibited.
City Personnel may enter upon private premises at any reasonable time
to carry out the purposes of this ordinance. It is unlawful for any person
to prevent, delay or interfere with City personnel while they are engaged in
the performance of duties imposed by this ordinance.
Section 12. Validity.
The City Council of the City of Eden Prairie hereby declares that should
any section, paragraph, sentence or word of this Ordinance be declared for
any reason to be invalid, it is the intent of the City Council of the City of
Eden Prairie that it would have passed all other portions of this Ordinance
independent of the elimination herefrom of any such portion as may be
declared invalid.
Section 13. Penalty.
Any person who violates this ordinance is guilty of a misdemeanor and
may be punished by a fine of not to exceed $500.00 or by imprisonment for
not to exceed 90 days, or both.
Section 14. Effective Date.
This ordinance shall take effect fifteen (15) days after its publication.
Section 15. Previous Ordinance Repealed.
This ordinance repeals Ordinance No. 186.
FIRST READ at a regular meeting of the Council of the City of Eden Prairie
this 18thday of October , 1977 and finally read and adopted and ordered
published at a regular meeting of the Council of said City on the 1st day of
November 1977.
Wol g n Pen$el, Mayor
ATTES�:
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Joh , Frane, Jai y Clerk
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rll4t t Otflelal PsYtietdrlaM9 crryorRDEN PRAIiR
ORDINANCE N0 77-W
AN ORDINANCE RZLATING TO TRZ CONTROL
AND PREVZNTION OF TIER.DMCAU&
T.et:�,CL a ebwa ma#VIIa.e a.e.9.w+ia Affidavit of Publication
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The, CUT Cornell 09 uie 0f . Feah'Ir has
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State of Minnesota )
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a County of Hennepin )
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'Vi l l i ar '!cG irr:
.being duly sworn.on oath says he is and during
all the time herein stated has been the publisher and pnnter of the newspaper known as Eden Prairie News and has full
knowledge of the facts hereirr stated as follows: (1)Said newspaper is printed in the English language in newspaper format
p and in column and sheet form equivalent in printed space to at least 900 square inches. (2)Said newspaper is a weekly
;g and is distributed at least once a week.(3)Said news paper has 509E 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
Ail 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 W copies r"ularly 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-class matter in its local
post-office.(5)Said newspaper purports to serve the City of Eden Prairie in the County of Hennepin and it has its known
office of issue in the City of Eden Prairie in said county.established and open during its regular business hours for the
gathering of news,sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper,persons in its employ and subject to his direction and control during all such regular business hours and at
which said newspaper is printed. i 6)Said newspaper files a copy of each issue immediately with the State Historical
Society.(7)S•id newspaper has compiied with aU the foregoing condition for at least one year preceding the day or dates
of publication mentioned below.(81 Said newspaper has filed with the Secretary of State of Minnesota prior to Jar uary 1,
1976 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signet; by the
managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper
He further states on oath that the printed L E'-:,,i
hereto attached as a part
hereof was cut from the columns of said newspaper, and was printed and published therein in the English language,
once "cw'*eek, for can-A successive weeks; that it was first so published on T�'u r5 • the 5 t-t
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e day of 19' and was thereafter printed and published on every to Ad
including Uie day of 19 and that the following is a printed copy of the tower case alphabet
from A to Z,loth inclusive,and is hereby acknowledged as being the size and kind of type used in the composition and
r�.. publication of said notice,to wit:
a bedefgh i jklm nopgrstuv w:yr
iSubscn bed and sworn to before me this C V•6—day of f 19
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OIdW ViitT� (Notarial Seal)
Notary public, Count Minnen
My Conunission Elpirea� tl,�r'�- ; __ 19.
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