Section
Miscellaneous Provisions
90.01 Shade tree disease control and prevention
90.02 Maintenance of private property; weeds
90.03 Abandoning a motor vehicle prohibited
90.04 Maintenance of individual sewerage systems; overflow prohibited
90.05 Drug paraphernalia
90.06 Tree planting and maintenance
Nuisances
90.15 Public nuisance
90.16 Public nuisances affecting health
90.17 Public nuisances affecting morals and decency
90.18 Public nuisances affecting peace and safety
90.19 Nuisance parking and storage
90.20 Inoperable motor vehicles
90.21 Building maintenance and appearance
90.22 Duties of city officers
90.23 Abatement
90.24 Recovery of cost
Excavations in the Earth’s Surface
90.40 Purposes
90.41 Definitions
90.42 Unlawful act and permit required
90.43 Application fee and permit conditions
90.44 Exceptions
90.99 Penalty
Cross-reference:
Hazardous conditions, see Chapter 130
Street excavations, see Chapter 91
MISCELLANEOUS PROVISIONS
(A) Policy and purpose. The city has determined that the health of oak and elm trees is threatened by fatal diseases known as oak wilt and Dutch elm disease. It has further determined that the loss of oak and elm trees located on public and private property would substantially depreciate the value of property and impair the safety, 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 these diseases, and provide for the removal of dead or diseased trees, as nuisances.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE.
(a) Any living or standing tree infected to any degree with a shade tree disease; or
(b) Any logs, branches, stumps or other parts of any dead or dying tree, so infected, unless the parts have been fully burned or treated under the direction of the Tree Inspector.
SHADE TREE DISEASE. Dutch elm disease or oak wilt disease.
TREE INSPECTOR. The Public Works Director, or any other employee of the city as the Council may designate and who shall thereafter qualify.
(C) Scope and adoption by reference. M.S. §§ 89.001 et seq., as it may be amended from time to time, is hereby adopted by reference, together with the rules and regulations of the State Commissioner of Agriculture relating to shade tree diseases; provided, that this section shall supersede those statutes, rules and regulations only to the extent of inconsistencies.
(D) Stockpiling of elm wood. The stockpiling of bark-bearing elmwood shall be permitted during the period from September 15 through April 1 of the following year if a permit has been issued therefor. Any wood not utilized by April 1 must then be removed and disposed of as provided by this section and the regulations incorporated thereby. Prior to April 1 of each year, the Tree Inspector shall inspect all public and private properties for elmwood logs or stumps that could serve as bark beetle breeding sites, and require by April 1, removal or debarking of all wood, logs or stumps to be retained.
(1989 Code, § 10.06) Penalty, see § 90.99
(A) It is the primary responsibility of any owner or occupant of any lot or parcel of land to maintain any weeds or grass growing thereon at a height of not more than eight inches or which have gone to or about to go to seed; to remove all public health or safety hazards therefrom; to install or repair water service lines thereon; and to treat or remove insect-infested or diseased trees thereon.
(B) If any owner or occupant fails to assume the primary responsibility described in division (A) of this section, and after notice given by the City Administrator/Clerk-Treasurer has not within two days of the notice complied, the city may cause the work to be done and the expenses thus incurred shall be a lien upon the real estate. The City Administrator/Clerk-Treasurer shall certify to the County Auditor of this county a statement of the amount of the cost incurred by the city. This amount together with interest shall be entered as a special assessment against the lot or parcel of land and be collected in the same manner as real estate taxes.
(1989 Code, § 10.07) (Ord. 83, passed 8-7-2018; Am. Ord. 87, passed 5-19-2020)
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