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HomeMy WebLinkAboutOrdinance - 16-2017 - Amending City Code Chapter 9 Related to Shade Tree Pest Control - 09/14/2017 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.70 RELATING TO SHADE TREE PEST CONTROL AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Chapter 9, Section 9.70 is hereby amended by deleting Section 9.70 in its entirety and replacing it with the following: SECTION 9.70. SHADE TREE PEST CONTROL. Subd. 1. Declaration of Policy. The Council has determined that the health of trees is threatened by tree pests. 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 intention of the Council to attempt to control and attempt to prevent the spread of these pests and this Section is enacted for that purpose. Subd. 2. Public Nuisances Declared. The following are public nuisances whenever they may be found within the City: A. Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ophiostoma ulmi (Buisman) or Ophiostoma novo-ulmi Brasier or which harbors any of the elm bark beetles Scolytus multistriatus or Hylurgopinus rufipes. 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. D. Any living or dead ash tree, whether standing or fallen, or part thereof infested to any degree with emerald ash borer. It is unlawful for any person to permit any public nuisance as defined in this Subdivision on any premises owned or controlled by him or her within the City. Such nuisances shall be abated in the manner prescribed by this Section. Subd. 3. Tree Inspector. The City Manager may appoint a tree inspector to coordinate under the direction and control of the Director of Parks and Recreation all activities of the City relating to the control and prevention of tree pests. The Director of Parks and Recreation shall recommend to the City Manager the details of any program for the control and prevention of said pests and enforce or cause to be enforced the duties incident to such a program adopted by the Council. The term "tree inspector" includes any person designated by the City Manager or the tree inspector to carry out activities authorized in this Section. Subd. 4. Notice of Inspection. Except as provided in Subdivision 6, whenever a tree inspector determines with reasonable certainty that a public nuisance, as described by this Section, is being maintained or exists on premises in the City, the tree inspector is authorized to abate a public nuisance according to the procedures in this Subdivision. A. The tree inspector will notify in writing the owner of record or occupant of the premises that a public nuisance exists and order that the nuisance be terminated or abated. The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. A copy of the notice shall be filed in the records of the Department of Parks and Recreation. B. The notice of abatement shall state and describe the property affected; state that if removal has not taken place the City as a remedial action will remove or cause removal of such tree; that all costs thereof will be billed to the property owner payable within thirty (30) days; that if payment is not received, the costs will be assessed against the property from which such tree is removed pursuant to and in accordance with Minn. Stat. § 429.101 or any similar provision hereinafter enacted; inform the property owner of the right to a hearing before the City Manager or the Manager's designee to appeal the notice in accordance with Subd. 4; and inform the property owner that upon filing of a timely appeal, the time to comply with the notice is stayed pending a decision by the City Manager or the City Manager's designee on the appeal.The notice shall specify the control measures to be taken to abate the nuisance,and state the amount of time to abate the nuisance in accordance with Subdivision 6. The notice will also state that the owner or occupant has the right to appeal the determination that a public nuisance exists by submitting a request in writing to the City Clerk within seven (7) days after service of the notice, or before the date by which abatement must be completed, whichever comes first and if not so filed that the right to appeal is waived. In the interest of justice or to comply with time requirements and on his or her own motion or the motion of the party appealing, the City Manager or City Manager's designee may adjourn the hearing to a more convenient time or place; but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening. The City Manager or City Manager's designee may affirm, amend or reverse all or any portion of the notice and shall set a new deadline for compliance if the order to remove the tree is affirmed. C. Service of Notice. The notice required in Subparagraph B 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 2. By personal delivery of the notice to the affected 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 a manner provided for service of a Summons for District Courts in the State of Minnesota. Subd. 5. Abatement of Tree Pest Nuisances. If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted, the tree inspector or designated person shall have the authority to obtain permission to enter the property and carry out abatement in accordance with the notice of abatement. In abating the nuisance defined in Subdivision 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 pest. Such 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. Subd. 6. Abatement Procedure in Event of Imminent Danger. A. If the tree inspector determines that the danger of infestation to other shade trees is imminent or delay in control measures may put public health, safety or welfare in immediate danger, the tree inspector may provide for abatement without following the procedure in Subdivisions 4 and 5. The tree inspector must make a reasonable attempt to provide written notice to the owner or occupant of the affected property of the intended action. The notice shall also inform the owner or occupant of the right to appeal the abatement and any cost recovery by filing an appeal with the City Manager within five (5) business days of the date of the notice in accordance with the procedures set forth in Subdivision 4 B. B. Nothing in this Section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life and safety. Subd. 7. Procedure for Removal of Infected Trees and Wood. Whenever the tree inspector finds that any of the infestations defined in Subdivision 2 exist in any tree or wood in any public or private place,they shall proceed as follows: A. Dutch Elm Disease. When a tree is infected with Dutch Elm disease, the tree inspector shall determine whether the infected elm is a high-risk tree or a low-risk tree. High-risk elm trees shall be those trees that are dead, barren, or have extensive wilt (thirty percent (30%) or more). Low-risk trees shall be those trees showing less than thirty percent(30%) 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 4. 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 the February 28 first occurring after notice is given to the property owner pursuant to Subdivision 4. 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 4. B. Oak Wilt. Those trees in the red oak group infected with oak wilt disease shall be identified, marked, and/or girdled and removed by the November 30 first occurring after notice is given to the property owner pursuant to Subdivision 4. 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. Emerald Ash Borer. Ash trees infested with emerald ash borer (EAB) shall be identified, marked and removed in the following manner: 1. Marked between May 1 and September 30. Trees marked during the EAB active period of May 1 to September 30 shall be removed between September 30 and December 1 of that year. If immediate removal is necessary due to a hazardous condition: a. Chip at least outer 1 inch of bark/wood into chips no greater than 1 inch in two dimensions and transport to the nearest facility that can quickly process the material. b. Transport at least outer 1 inch of bark/wood in a vehicle that is 100% enclosed to a facility that can quickly process the material. Material shall remain enclosed until it can be at a minimum chipped. 2. Marked between October 1 and April 30. Trees marked during the EAB dormant period (October 1 to April 30) shall be removed within twenty (20) days of notification of the property owner pursuant to Sudivision 4. The outer 1 inch of bark/wood shall be transported to a facility where it will be processed prior to May 1. D. Removal by City and Assessment. All dead or infested/infected trees,including any above ground parts thereof on private property, which 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 from the City; 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 Section 429.101 or any similar provision hereinafter enacted. Such assessments shall be paid with interest, in installments, and within a period not to exceed five (5) years from the date of the assessment. Subd. 8. Treating 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 tree inspector may order the owners (as determined by the tax records of the County of Hennepin) of all nearby high value trees to prune and/or treat 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. Treatment 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 Commissioner and his agents whenever possible. Notice shall be given as provided in Subdivision 4. Subd. 9. Transporting Certain Types of Wood Prohibited. 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 Section will be satisfied. Subd. 10. Reporting Discovery of Tree Pest. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a tree pest as defined in Subdivision 2 shall report the same to the City. Subd. 11. Interference Prohibited. City personnel may enter upon private premises at any reasonable time to carry out the purposes of this Section. 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 Section. 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 entitled "Violation a Misdemeanor or Petty Misdemeanor"are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 3. This ordinance shall be in effect from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 8'' day of August, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5 h day of September, 2017. Kathle Porta, City Clerk yra- ayor Published in the Eden Prairie News on the 14t' day of September 2017. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 16-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.70 RELATING TO SHADE TREE PEST CONTROL AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The following is only a summary of Ordinance No. 16-2017. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance deletes the current Section 9.70 in its entirety and replaces it with a new Section 9.70 relating to shade tree pest control. The Ordinance adds emerald ash borer to the list of public nuisances, defines a procedure for removal for trees infested with emerald ash borer, and updates the City's tree inspection procedures. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathl en Porta, City Clerk anc r ayor PUBLISHED in the Eden Prairie News on September 14, 2017.