(A) Declaration of policy. The health of the trees in the city is threatened by shade tree pests, and the loss or ill health of trees growing upon public and private property substantially depreciates the value of property within the city and impairs the safety, good order, general welfare and convenience of the public. In addition to and in accordance with M.S. §§ 89.001, 89.01, and 89.51-64, as they may be amended from time to time, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests.
(B) Declaration of shade tree pest. The Council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest, as defined by M.S. § 89.001, as it may be amended from time to time, to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest, including necessary timelines for action.
(C) City Forester/Tree Inspector. The Council may appoint a Forester and/or Tree Inspector to coordinate the activities of the city relating to the control and prevention of damage by shade tree pests. The Forester and/or Tree Inspector will recommend to the Council the details of any program for the declaration, control, and prevention of shade tree pests. The Forester and/or Tree Inspector is authorized to enforce or cause to be enforced the tasks incident to such a program adopted by the Council. The term “Tree Inspector” includes person designated by the Council or the Forester to carry out the activities authorized in this section.
(D) Public nuisances declared. The Forester or their official representative has the authority to enter onto private property for inspection purposes. The Forester shall inspect all premises and places, both public and private, within the city for the presence of any of the below-described conditions and declare them a public nuisance:
(1) Living or standing elm (Ulmus spp.) trees or parts thereof which are infected with the Dutch elm disease fungi Ophiostoma ulmi or Ophiostoma novo-ulmi, or which harbors any of the elm bark beetles Scolytus multistriatus Hylurgopinus rufipes.
(2) Living or standing oak (Quercus spp.)trees or parts thereof which are infected with the oak wilt disease fungus Bretziella fagacearum (syn. Ceratocystis fagacearum).
(3) Any living or dead ash (Fraxinus spp.) tree or part thereof infected to any degree with the insect Emerald Ash Borer, Agrilus planipennis.
(4) Any other living or standing tree or part thereof infected with tree disease as determined by the Forester or any destructive or communicable disease or insect infestations.
(5) Any diseased dead tree or part thereof, including limbs, branches, stumps, firewood, or other oak, elm, ash or wooden material which has not been removed and burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of communicable disease or insect infestation.
(6) Any dead trees or parts of trees, standing or fallen, including limbs, branches, and stumps.
(7) Any tree, limb or shrub that obstructs street lights, view of intersections, traffic signs, the free passage of pedestrians or vehicles, or a tree or any part thereof that is less than 16 feet above the surface of the street or alley, or less than ten feet above a sidewalk, or a tree or part thereof that poses an immediate threat to public safety, or public property, as determined by the Forester.
(E) It is unlawful for any person to permit any public nuisance as defined herein on any premises owned or controlled by them within the city. Such nuisances shall be abated in the manner prescribed by this section.
(F) Inspections and application of control measures.
(1) The Forester or their official representative may enter upon private premises at reasonable times and reasonable hours for the purpose of carrying out any of the duties assigned to them under this chapter.
(2) All premises and places within the city shall be inspected as often as practicable to determine whether any condition declared in this section to be a public nuisance, exists thereon. All reported incidents of infection by Dutch elm fungi, the presence of elm bark beetles, of infection by the oak wilt fungus or the presence of Emerald Ash Borer shall be promptly investigated. Diagnosis may be by the presence of commonly recognized symptoms, by tests as may be recommended by the commissioner of the Minnesota Department of Agriculture or the commissioner of the Minnesota Department of Natural Resources, or other reliable means.
(3) No person, firm, or corporation shall interfere with the Forester/Tree Inspector or with anyone acting under the Forester/Tree Inspector’s authority while engaged in activities authorized by this section.
(G) Abatement of shade tree pest nuisances. In abating a nuisance, defined by ordinance herein, the organism, condition, plant, tree, wood, or material identified as injurious to the health of shade trees shall be removed or effectively treated so as to destroy and prevent as fully as possible the spread of the shade tree pest. Such abatement procedures shall be carried out in accordance with the control measures and areas prescribed herein.
(H) Reporting discovery of shade tree pest. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a public nuisance caused by a shade tree pest as defined herein, shall report the same to the city.
(I) Registration of tree care firms. Any person, firm, or corporation that provides tree care, tree trimming, or removal of trees, limbs, branches, brush, or shrubs for hire must be registered with the Minnesota Commissioner of Agriculture under M.S. § 18G.07, as it may be amended from time to time, and must also be licensed by the city on an annual basis.
(J) Standard abatement procedure. Except as provided herein, whenever a Forester/Tree Inspector determines with reasonable certainty that a public nuisance, as described by this section is being maintained or exists on premises in the city, the Forester is authorized to abate a public nuisance according to the procedures in this division.
(1) The nuisance shall be clearly physically marked by the Forester wherever possible. The Forester will notify in writing the owner of record or occupant of the premises and physically mark that a public nuisance exists and order that the nuisance be terminated or abated. The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. A copy of the notice shall be filed with the City Clerk. The notice shall require abatement of all identified public nuisances and shall clearly state the time by which the abatement must be completed.
(2) Abatement procedures shall be carried out in accordance with the current technical and expert methods and plans as may be designated by the Commissioner of Agriculture of the State of Minnesota or by the Commissioner of Natural Resources of the State of Minnesota.
(a) The notice of abatement shall state that unless the public nuisance is abated by the owner, it will be abated by the city at the expense of the owner. The notice shall specify the control measures to be taken to abate the nuisance, and provide a reasonable amount of time to abate the nuisance. The notice will also state that the owner has the right to appeal the determination that a public nuisance exists by submitting a request in writing to the City Clerk prior to the expiration of the date by which the nuisance must be abated as set forth in the notice.
(b) If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted, the Forester or designated person shall have the authority to obtain permission or an administrative search warrant, enter the property, and carry out abatement in accordance with the notice of abatement.
(3) Limbs or parts of trees or shrubs encroaching upon the public right-of-way, signs, lights, or otherwise obstructing or interfering with public infrastructure and its intended uses, may be removed or abated by city staff or contractors during regularly scheduled tree maintenance activities without first providing notice to the tree owner.
(K) High-cost abatement. If the Tree Inspector determines that the cost of abating a nuisance will exceed $5,000 based on a reasonable, good faith estimate, the written notice referred to in division (K) must provide that if the nuisance is not abated within the reasonable amount of time provided, the matter will be referred to the City Council for a hearing. The date, time, and location of the hearing must be provided in the notice.
(L) Appeal procedure. If the City Clerk receives a written request for a hearing on the question of whether a public nuisance exists, prior to the expiration of the date by which the nuisance must be abated as set forth in the notice, the City Council shall hold a hearing. At least three days notice of the hearing shall be given to the individual who made the written request for the hearing. The Council may modify the abatement notice or extend the time by which abatement must be completed. Each owner, agent of the owner, occupant, and lien holder of the subject property of properties in attendance, if any, shall be given the opportunity to present evidence at the hearing. After holding the hearing, the City Council may issue an order requiring abatement of the nuisance.
(M) Abatement procedure in event of imminent danger.
(1) If the Forester/Tree Inspector determines that the danger of infestation to other shade trees, or danger to public safety or infrastructure is imminent, and delay in control measures may put public health, safety, or welfare in immediate danger, the Forester/Tree Inspector may provide for abatement without following the procedures described herein. The Tree Inspector must reasonably attempt to notify the owner or occupant of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting.
(2) Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety.
(N) Recovery of cost of abatement; liability and assessment.
(1) The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk.
(2) After notice and hearing, as provided in M.S. § 429.061, which may be amended from time to time, the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges as well as other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then certify the charges against the property to the County Auditor for collection along with current taxes the following year or in annual installments as the city may determine in each case.
(O) Penalty.
(1) Any person, firm, or corporation that violates any provision of this section shall, upon conviction, be guilty of a misdemeanor. The penalty, which may be imposed for any crime that is a misdemeanor under this section, including Minnesota Statutes specifically adopted by reference, shall be a sentence of not more than 90 days, or a fine of not more than $1,000 or both.
(2) Upon conviction of a misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(3) The failure of any officer or employee of the city to perform any official duty imposed by this section shall not subject the officer or employee to the penalty imposed for a violation.
(4) In addition to any penalties provided for in this section, if any person, firm, or corporation fails to comply with any provision of this section, the City Council or any official designated by it may institute appropriate proceedings at law or equity to restrain, correct, or abate the violation.
(`77 Code, § 4.201) (Am. Ord. 1248, passed 7-13-92; Am. Ord. 1579, passed 4-12-10; Am. Ord. 1676, passed 4-25-22)