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(A) Weeds prohibited. No person owning, occupying, or in control of any property in the city shall permit any ragweed, poison ivy, poison oak, poison sumac, or any other noxious weed to grow upon the property.
(B) Weed Inspector. Pursuant to the requirements of M.S. § 18.79, as it may be amended from time to time, the Mayor shall be the Weed Inspector. The Weed Inspector may appoint one or more assistant weed inspectors who shall have all the powers and authority of the Weed Inspector. The Weed Inspector shall have such powers and duties as are provided by law, by administrative regulation, or by this code.
(C) Eradication. Whenever any person fails to cut, destroy, or otherwise eradicate any weeds prohibited in division (A) above, or any other weeds prohibited by law, the Weed Inspector may cause the weeds to be cut, destroyed, or otherwise eradicated. In doing so, the Weed Inspector shall give notice to the owner, occupant, or person in charge of the property in accordance with the requirements of M.S. § 18.83, as it may be amended from time to time, and other applicable laws. The cost and expense of the work done shall be a charge due to the city from the person or persons notified and, if the owner was notified, shall be a lien in favor of the city and may be collected in the manner specified in M.S. § 18.83, as it may be amended from time to time, and other applicable laws.
(Ord. passed 1-8-2019) Penalty, see § 92.99
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
DARK HOUSE. A structure set on the ice of state waters that is darkened to view fish in the water beneath the surface.
FISH HOUSE. A structure set on the ice of state waters to provide shelter while taking fish by angling.
(B) Public nuisance prohibited, temporary parking/seasonal parking.
(1) No person shall allow a fish house or dark house to be parked in any manner which creates a public nuisance as defined previously in this subchapter.
(2) No person shall allow a fish house or dark house to be temporarily parked on any public property adjoining or abutting State Highway #78 for a period of time longer than reasonably necessary to move the structure.
(3) No person shall allow a fish house or dark house to be parked on public property without current and validly displayed licensure.
(Ord. passed 1-8-2019) Penalty, see § 92.99
TREES, GRASS, AND WEEDS
The purpose of this subchapter is promoting preservation, protection, and planting of trees within the city. In perpetuating a healthy city forest, it is necessary and desirable to regulate tree planting and maintenance on public property within the city. To ensure the health of the city forest, the authority to require removal of hazard trees from public or private property is needed.
(Ord. 136, passed 11-26-2013; Ord. 98, passed 9-14-2021; Ord. passed 11-14-2023)
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BOULEVARD. Area between curb or street edge and the private property/parcel line. This publicly owned area is defined by the distance noted on official city maps from the center of the street or cul-de-sac to the property’s lot line.
PUBLIC PROPERTY. Any area or building owned by the city including sidewalks, alleys, and public parking lots, but not limited to, boulevards, parks, playgrounds, wetlands, and streets.
PUBLIC RIGHT-OF-WAY. Portion of property reserved for public use and accepted for such use by the city to provide circulation and travel to abutting properties, including, but not limited to, streets, boulevards, alleys, sidewalks, and easements for public utilities.
PUBLIC UTILITY. Any public or private facility or system for producing, transmitting, or distributing communications, electricity, gas, oil products, water, sanitary water, or storm water, which directly or indirectly serves the public or any part thereof within the corporate limits of the city.
TOPPING. The severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. This is an undesirable practice, causing shock to the tree, leaving it susceptible to disease and affecting the overall health by disturbing the crown to root ratio.
TREE. Any tree, shrub, hedge, or woody vegetation.
(1) Sizes.
(a) SMALL TREES. Those growing to a maximum height of 30 feet.
(b) MEDIUM TREES. Those growing to maximum height of 30 to 50 feet.
(c) LARGE TREES. Those growing to a maximum height of over 50 feet.
(2) Descriptions.
(a) BOULEVARD TREE. A tree planted within the strip of land lying between property lines and the edge of streets, avenues, boulevards, or roadways within the city.
(b) PARK TREE. A tree growing in designated parks owned by the city to which the public has free access.
(c) PUBLIC TREE. Any tree growing on public rights-of-way and city-owned lands, including boulevard and park trees.
(d) PRIVATE TREE. All trees growing on private property within the city limits.
(e) HAZARD TREE. Any public or private tree or part thereof which has an infectious or destructive disease, insect problem, or other pestilence which endangers the growth, health, life, or well-being of trees in the city, or which threatens to or is capable of causing a spread of a disease, pestilence, or insect infestation:
1. Is determined to be infected with a shade tree pest or disease, including, but not limited to, Dutch elm disease, oak wilt, or emerald ash borer;
2. Is dead, dying, broken, or decayed;
3. Obstructs street lights, traffic signs, or the view of any street intersection;
4. Obstructs the free passage of pedestrians or vehicles;
5. Is causing the surface of a public street, curb, or sidewalk to be upheaved or otherwise disturbed;
6. Poses an imminent threat to the sewer system, electric power lines, gas lines, water lines, or other public improvement; or
7. Constitutes an imminent danger to the health, safety, or well-being of the general public.
URBAN FOREST. A forest or collection of trees growing within a city. It may include any kind of woody plant vegetation growing in and around the city.
(Ord. 98, passed 9-14-2021; Ord. passed 11-14-2023)
(A) The city will designate resources for the planting and care of public trees and other vegetation. This includes assigning and managing city staff to complete necessary tasks. If needed, the city shall appoint or contract with a licensed tree trimmer to perform the duties imposed by this subchapter. The tree trimmer will provide proof of liability insurance and worker’s compensation insurance.
(B) Any owner of private property abutting a boulevard shall have the following responsibilities for public trees located in the boulevard adjacent to the owner’s property:
(1) Periodic watering of trees, located in the boulevard, when necessary to maintain good health and vigor;
(2) Protection of trees against damage caused by lawn mowers, weed trimmers, snow blowers, and similar equipment;
(3) The city may maintain boulevard trees, but residents are encouraged to care for trees in the boulevard adjoining their property according to these specifications; that branches are no closer than eight feet above sidewalks or level of turf and a minimum of 12 feet above the street; and
(4) It shall be the responsibility of the property owner to accomplish the trimming and/or removal of private trees, with due consideration for public safety concerns, such as, a duty to adequately block off any affected street, sidewalk, and/or yard area to make certain there are no pedestrians under a proposed fall line of the trees or branches to be trimmed and that adequate consideration for protection of neighboring property is also provided. Third parties are required to provide proof of liability insurance.
(C) Every owner of property abutting on any public street or alley shall cut the grass and weeds from the edge of his or her property line to the edge of the street or alley, or, for unimproved streets and alleys, to the center of the roadway.
(D) If the grass or weeds in such place are ten inches or more in height, it shall be sufficient evidence of a violation of this section. All property owners in the city are responsible for controlling the growth and spread of weeds, whether on public or private property.
(Ord. 98, passed 9-14-2021; Ord. passed 11-14-2023) Penalty, see § 92.99
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