Section
Dutch Elm Disease
151.01 Declaration of policy
151.02 Forester
151.03 Dutch Elm Disease Program
151.04 Nuisances declared
151.05 Inspection and investigation
151.06 Abatement of Dutch elm disease nuisances
151.07 Procedure for removal of infected trees, wood
151.08 Spraying of elm trees
151.09 Transporting elm wood prohibited
151.10 Interference prohibited
DUTCH ELM DISEASE
The City Council has determined that the health of the elm trees within the city limits is threatened by a fatal disease known as Dutch elm disease. It has further determined that the loss of elm 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 control and prevent the spread of this disease, and this subchapter is enacted for that purpose.
(Ord. 80, passed 5-14-1974)
(A) Position created.
(1) The position of Forester is hereby created within the Maintenance Department of the city.
(2) The powers and duties of the City Forester, as set forth in this section, are hereby conferred upon the Maintenance Superintendent.
(B) Duties of Forester. It is the duty of the Forester to coordinate, under the direction and control of the Council, all activities of the city relating to the control and prevention of Dutch elm disease. He or she shall recommend to the Council the details of a program for the control of Dutch elm disease, and perform the duties incident to the program adopted by the Council.
(Ord. 80, passed 5-14-1974)
(A) It is the intention of the Council of the city to conduct a program of plant pest control pursuant to the authority granted by M.S. § 89.51 et seq., as it may be amended from time to time.
(B) This program is directed specifically at the control and elimination of Dutch elm disease fungus and elm bark beetles, and is undertaken at the recommendation of the Commissioner of Agriculture. The City Forester shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program.
(Ord. 80, passed 5-14-1974)
(A) The following issues are public nuisances whenever they may be found within the city:
(1) Any living or standing elm tree, or part thereof, infected to any degree with the Dutch elm disease fungus Ceratocystis Ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh) or Hylurgopinus Rufipes (Marsh); and
(2) Any dead elm tree, or part thereof, including legs, branches, stumps, firewood, or other elm material from which the bark has not been removed and burned, or sprayed with an effective elm bark beetle insecticide.
(B) It is unlawful for any person to permit any public nuisance, as defined in division (A) above, to remain on any premises owned or controlled by him or her within the city. The nuisances may be abated in the manner prescribed by this subchapter.
(Ord. 80, passed 5-14-1974) Penalty, see § 10.99
(A) The Forester shall inspect all premises and places within the city as often as practicable to determine whether any condition described in § 151.04(A) exists thereon. He or she shall investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles.
(B) The Forester, or his or her duly authorized agents, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to him or her under this subchapter.
(C) The Forester shall, upon finding conditions indicating Dutch elm infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take the steps for diagnosis as may be recommended by the Commissioner. Except as provided in § 151.07, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made.
(Ord. 80, passed 5-14-1974)
In abating the nuisances defined in § 151.04(A), the Forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent, as fully as possible, the spread of Dutch elm disease fungus and elm bark beetles. The abatement procedures shall be carried out in accordance with current technical and expert opinions and plans, as may be designated by the Commissioner of Agriculture.
(Ord. 80, passed 5-14-1974)
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