(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