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Home My WebLink AboutOrdinance - 11-85 - Amending Section 9.25 City Code - 04/16/1985 1 ORDINANCE NO . 11-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE, SECTION 9 _ 62, SUBD. 4, TO INCLUDE NOTICE OF TREE INSPECTIONS; SUBDS . 6, 7, AND 8, TO REVISE TREE REMOVAL PROCEDURES ; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9 . 99 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS - THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS : f i Section 1 . City Code Section 9 . 62, Subd . 4 , Subd . 6 , Subd . 7 , i and Subd. 8 , shall be and are amended to read as follows : z Subd. 4 . Notice of Inspection , Inspection , Investi - gation and Testing. Each year, prior to any inspection of 3 diseased trees on private property, published notice shall be z given to residents that tree inspections will take place on pri - vate property within the City on an intermittent basis throughout the season_ The Forester shall cause all premises and places $1 j } within the City, except those situated South of County Road 1 or South of State Highway 5 and West of County Road 4 , to be inspected E as often as practicable to determine whether any condition describe in Subdivision 2 of this Section exists thereon, and to have inves- tigated and tested all reported incidents of such public nuisances . Subd . 6 . Procedure for Removal of Infected Trees and Wood. Whenever the Forester finds that any of the infesta- tions defined in Subdivision 2 exist in any tree or wood in any public or private place , he shall proceed as follows : A . Dutch Elm Disease . When a tree is infected with Dutch Elm disease, the Forester shall determine whether the infected elm tree is a high-risk tree or a law-risk tree . High-ris r" elm trees shall be those trees that are dead, barren , or have extensive wilt (thirty ( 30%) percent or more) Low-risk trees shall be those trees showing less than thirty ( 30%) percent infection. 1 . High-Risk Elm Trees . High-risk elm trees shall be identified and marked in a distinctive manner to indicate their high-risk status. High-risk elm trees located on public property shall be removed within twenty (20) days of identification. High-risk trees located on private property shall be removed within twenty (20 ) days of notification of the property owners pursuant to Subdivision f; : n. 2 . Low-Risk Elm Trees . Low-risk elm trees located on public property shall be identified, marked, and removed within twenty (20) days of identification, if reasonably possible, but no later than February 28 . Low-risk elm trees located on private property shall be identified, marked, and removed by the November 30 first occurring after notice is given to the property owner pursuant to Subdivision 6 .D. of this Section . B. Oak Wilt. Those trees in the red oak group infected with oak wilt disease shall be identified, marked, and/or girded and removed by the November 30 first occurring after notice is given to the property owner pursuant to Subdivision 6 .D. The trees in this group are the northern red oak (Quercus rubra) ; northern pin oak (Quercus ellipsoidalis) ; black oak (Quercus veluntina) ; and scarlet oak (Quercus coccinea) . C. Removal by City. All dead or diseased trees , including any above ground parts thereof on private property, whis-`i -2- are not removed within the time limits provided for herein , shall be removed or caused to be removed by the City. All costs of such removal shall be paid by the owner of the property within thirty ( 30-) days of the date of submission of a bill , and if not paid within such time, the costs of removal shall be assessed against the property pursuant to and in accordance with Minnesota Statutes §429 . 101 or any similar provision hereafter enacted. R D. Notice . Once a diseased tree has been identi- fied and marked on private property, notice shall be given to the affected property owner describing the property affected; setting forth the date by which the tree must be removed; -and stating that if removal has not taken place by the removal date, the City will t remove or cause removal of the diseased tree , and that all costs thereof will be billed to the property owner, payable within thirty (30 ) days, and that if payment is not received, the costs will be assessed against the property pursuant to and in accordance with Minnesota Statutes §429. 101 or any similar provision hereafter enacted . E. Service of Notice. The notice required in Subparagraph D above shall be given by one of the following methods: 1 . By mail to the last known address of the owner of the property as determined by the tax records of the County of Hennepin; or, -3- 2 . By personal delivery of the notice to the of fected property owner as determined by the tax records of the County of Hennepin , or by leaving the notice with a person of suitable age and discretion upon the premises ; or, 3 . By publishing in the official paper once a week, for two successive weeks , the last publication occurring not more than fourteen (14) days , and not less than seven (7) days , before the removal date ; or, 4 . By service of a copy in the manner provided F 1 for service of a Summons for District Courts in the State of Minnesota. r Subd. 7. Assessments . In all cases in which trees are removed or caused to be removed from private property by the City , the costs thereof, if not paid by the owner as provided herein , shall be assessed against the property from which such trees have been removed pursuant to and in accordance with Minnesota Statute:. §429 . 101 or any similar provision hereafter enacted. Such assessments shall be paid, with interest, in installments , not to exceed five years from the date of the assessment. Subd. 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 Subdivision 2 , the Forester may order the owners (as determined by the tax records 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 n approved by the City Manager. Upon failure to comply with such ¢ i an order, the City may proceed forthwith to take appropriate ( ,t -4- i action. Spraying activities authorized by this Subdivision 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 Commissicnier and his agents whenever possible . Notice shall be given as provided in Subdivision 6 , Subparagraph E. Section 2 . City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation, " and Section 9 .99 are hereby adopted in their entirety, by reference , as though repeated verbatim herein. i Section 3 . This ordinance shall become effective from and ; after its passage and publication . FIRST READ at a regular meeting of the City Council of Eden Prairie on the 16th day of April 19851, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of May 19 85 . ATTEST: OWL) /C,,i y erk Mayor PUBLISHED in the Eden Prairie News on the 25th day of September , 19 8 Jr. Affidavit of Publication ataJ �U;0S P(OZJ IEMAT �OtIA Southwest Suburban Publishing Inc. ay1,;o uo13ea1,T13ou;o sAlsp coz)6;vaesl cmli►m panatua.t aq IIgVs A}tadoid a;eAtrd..aw paleaoT aat+ 31slt s -1181H 'uopearmtrapul 10 SACP ov A;ttaat3 W1PIA Paeotua.1 ag delis A3-radoad aflgnd uo pa3saoi saa q usla X1)•q$,H—9ls1s ilag3 a3 eolpul of.rauugur aanaunstp e to Pallastu pus patll3uaP1 aq TIC caa13 i uqa >tSY=-01H -�ij Un3 goq-om 3. State of M i nnesota ) asgl ssal au1A►o IS Saar; amp, n )SS. Ilstt- (a ruin ao COg)d;J"V)!UM aelsuai O f Hennepin ) xa anett ao °•uauvq 'peep wq yVW w County U 11 t ail' y C asog3 aq III saa.tl WTa -V lff aaq spw -A•01 a so aai;14si•r-g81q s sl aaal mqa papof - a s l ag3 q 3aget allTUMalaP lieRQ 4WIML104i Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as P uA3 gmn43 talk J the Eden Prairie News and has full knowledge of the facts herein stated as follows: t1 st aa.r; a uw4m 'GoveslQ Uq3 4314a i A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by 1 :SMO )gta Minnesota Statute 331A.02.331A 117,an other applicable laws,as amended. uRis aq'aaeld a3eAlid.ieo Mqiw ps `-I J Jo aas;title ul;S1Xa$troin9 u! K (It 1 The printed public notice that is attached to this Affidavit and identified as No. as published on the date P Su(11;9;Saue atT3 IX I: u 3g U9 or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part of this Af- ? ay3 ranauatTb pooh pule ease fidavit. Said notice was col from the colwruta of the newspaper spectfted. Printed below t a rue in the lower case Z P") alphabet from A to Z.both inclusive,and is hereby acknowledged as being the kind and size of type used in the currlpustuun -uI Io 1eAOttJa21 Ali a[np40oi�j 'g 'tpSlA and publication of the Notice: -� saaueslrtu aggnd gans;o nuaplaul pagtp abcdefghijklnutopgrstuvwx i1g POTS" pus p0jWVn=Au1 aaeq 04 GPM 'uoaaaM s;slxa uo133aq s1V3 10 Z ttolelAWg0S to pagTsasap uoplPuoo Aue •raq;agwt aup= Sy: - \� -aa3ap oT algealWe.M se ualo se paZadfg Stan Ro srud.Publisher a<i 03't Paofl1T3unoa;o 3saA&pue S4sesglitl, a3e1S ,lo t{1nos .to I peoll A;unoa is tit pa3en11s asoq;;daaxa'4i!3 am u1t,T31M tie Subscribed and sworn before me on Us saslura.rd ITe aerie UMP .ta;sa oij aria susses aq3 3notiNno.rtp s1Seq 3ua33pu xwM ap uo,KV3 aq;U111V +A3jadold a;eeyTad uo aattlo axle; film suo}3aadsul aa-q Jo4l t 0p4W 01 MAIN aq i1sgs aal3ou paiMqud''44.sa l this"'` ,> day oil. ti= L.. 198 ale r4d uo saasl paseaslp Jo tnopoadsul Agr*ol aoud'jeaA tptrj •Bt PR.1,pus u0peops �!QI 'u6paadsuT 'uol;aaclsliq}o aalpoM ;-p aV smogo;se p*al 01 papuatrille '! :! ! �.v aae pus aq 11e49'9'pgnS pus 6 pgnS'9'P'gnS I '��,. L . •.. f Yr•�r?-,�L�- ( 'pgng 'T:g•g uol;aaS apoo 40 -T qgl" : Laurie Hartmann, Notary Public :SKW V0'V.L093NMW'3T21IVMdN=3"- dO A10 MU 40 'IlaNnoo AILO WU • SIQOIS1A oaf A.L'IVNSd NIV,LNOO 'SJ I.NIH S3F,"O T�D RATE INFORMATION 9NOWV 'HDIHM '66.6 N0I.T.'03S Q iV. I H�dVHO 3GO3 AMD 33i�ima.43U Lowest classified rate Q aid by commercial users for comparable space....$6.00 per column inch Ag oNI.dOCIV (INV saunapona - 'IVAOW32I 3321.E 3SIA211 Maximum rateallowe iby law for the above matter......................................54.49 per column inch 0.1" 'a a" 'L '9 'SQSAS smoIizads Rate actually charged for the above matter...................................................$4,49 per column inch .[,z .do 3atsoN 3gMZ>1i of 6*clans Z9'6RomaS�3Q03)U13Of= 3I-NgV `V.LOS=MW 3IUNEd Naas 40 AM WU ,qo 30NVNIQ3H0 HIV ' S>7-i1 ON 3,?NVhIIQ2ip t6uopsa gne3le1ot BASEMENTS F REMOOE Minimum ROOFt 45elword 448.67 50'"ord 'ON Minimum 60clword • $9.00/inch MONNEN $12.00/inch CONSTRU S15.00/inch custom Home a 10%Discount Design 8 pi fibre a 20% Discount Additions Garage 445-69 ;S EROMANN'S Carpet& Ti►e