(A) Declaration of policy. The Council has determined that the health of ash, elm and oak trees within the municipal limits are threatened by insect infestation known as emerald ash borer, and fatal diseases known as Dutch elm and oak wilt. It has further been determined that the loss of ash, elm and oak trees growing upon public and private property would substantially depreciate the value of property within the city, and may impair the health, safety and general welfare of the public. It is declared to be the intention of the Council to control the spread of insect infestation and diseases affecting trees, and this section is enacted for that purpose.
(B) Insect and disease control programs; coordinator. It is the intention of the Council to conduct a program of plant pest and disease control pursuant to the authority granted by M.S. § 18G.13, as amended. The program is directed specifically at the control and elimination of the emerald ash borer, Dutch elm disease fungus, elm bark beetles and oak wilt fungus, and is undertaken at the recommendation of the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources and the University of Minnesota Extension.
(C) Nuisance declared. The following shall constitute a public nuisance:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ophiostoma Ulmi, or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hyluigopinus Rufipes (Marsh);
(2) Any living or standing red oak tree or part thereof infected to any degree with the oak wilt fungus Ceratocystis Fagacearum;
(3) Any dead elm or red oak tree or part thereof, including logs, branches, stumps, firewood or other elm or oak material from which the bark has not been removed or sprayed with an effective elm bark beetle insecticide or oak wilt fungus deterrent; or
(4) Any living or standing ash tree, or any part thereof, harboring or infested with emerald ash borer beetles or larvae or eggs thereof (Agrilus planipennis); or any dead ash tree or part thereof, including logs, branches, stumps, firewood, or other ash tree material from which the bark has not been removed or sprayed with effective emerald ash borer insecticide.
(D) Inspection and investigation.
(1) Annual inspection. The City Forester or assignee shall inspect all premises within the city, annually or as often as practicable, to determine whether any condition exists which is in violation of this chapter. The Forester shall investigate all repeated incidents of tree disease.
(2) Entry on private premises. The Forester or assignee may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned.
(3) Diagnosis. In determining tree disease or insect infestation, the Forester shall use current technical procedures.
(E) Nuisance abatement methods. In abating any public nuisance as defined in this section, the Forester shall cause the infected tree or wood to be sprayed, removed or otherwise effectively treated so as to destroy and prevent the spread of emerald ash borer, Dutch elm disease fungus, elm bark beetles, oak wilt fungus or other regulated tree disease. Any abatement shall be carried out in the following manner:
(1) In trees infected with Dutch elm disease that have the potential to spread the disease, any portion of the tree larger than two inches in diameter shall have the bark removed, chipped or covered with at least four mil plastic, making a tight seal to the ground, until the bark falls off.
(2) Pre-sporulating red oak wood, infected with oak wilt fungus, that is larger than two inches in diameter shall have the bark removed, chipped or covered with at least four mil plastic, making a tight seal to the ground, until the bark falls off.
(3) All ash tree wood must be chipped into pieces no larger than one inch diameter.
(4) Other current technical procedures which are accepted by such agencies as the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources or the University of Minnesota may be utilized with city approval.
(F) Procedure for removal of infected trees and wood. Whenever the Forester finds that infestation or disease exists in any tree or wood in any public or private place in the city, the Forester shall proceed as follows:
(1) If the Forester finds that danger of insect infestation or spread of tree disease is imminent, the Forester may order any treatment or tree removal determined to be necessary to abate the nuisance.
(2) In all other cases, prior to any treatment or removal, the Forester shall cause written notice of proposed actions to be sent by regular mail or personally delivered to the occupant or the owner of the premises. Failure to give notice shall not invalidate the city’s actions. The Forester may order any treatment or tree removal determined necessary to abate the nuisance.
(G) Payment for abatement. Any costs incurred by the city in connection with the city’s abatement of any diseased tree, as permitted in this section, shall be the responsibility of the property owner. The city may charge the property owner or legal possessor the cost incurred by the city in connection with the abatement of any diseased tree. Any charges not paid by the property owner or legal possessor within 30 days of the due date stated on the city’s invoice shall be deemed delinquent and subject to collection as a special assessment, which shall be collected in accordance with M.S. § 429.101.
(H) Transporting of infected ash, elm or oak wood. It is unlawful for any person to transport within the city any infected, bark-bearing ash, elm or oak wood determined to be a nuisance by the Forester. The Forester shall grant permission for the transportation of the wood only when the purpose of this chapter is served.
(I) Unlawful acts. A violation of this section is declared to be a public nuisance and it is unlawful for any person to permit the public nuisance to remain on any property owned or controlled by the person within the city. All public nuisances may be abated by the city and the costs thereof assessed against the property as prescribed in Chapter 94 of the code.
(Ord. 633, passed 10-9-97; Am. Ord. 712, passed 4-25-02; Am. Ord. 818, passed 7-12-07; Am. Ord. 864, passed 6-11-09; Am. Ord. 930, passed 4-12-12) Penalty, see § 10.99