(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 City Commission 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 definition shall apply unless the context clearly indicates or requires a different meaning.
CITY FORESTER. The City Administrator, or such other employee of the city as the City Commission may designate and who shall thereafter qualify, together with his or her duly designated assistants.
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 such parts have been fully burned or treated under the direction of the City Forester.
SHADE TREE DISEASE. Dutch elm disease or oak wilt disease.
(C) Scope and adoption by reference. M.S. § 18.023, is hereby adopted by reference, together with the Rules and Regulations of the Minnesota Commissioner of Agriculture relating to shade tree diseases; provided that this section shall supersede such statutes, rules and regulations, only to the extent of inconsistencies.
(D) Unlawful act. It is unlawful for any person to keep, maintain or permit upon premises owned by him or her or upon public property where he or she has the duty of tree maintenance, any nuisance as herein defined and in accordance with M.S. § 18G.13, Subd. 7, Local Pest Control, which allows a city council, board of county commissioners, or town board may by resolution or ordinance adopt and enforce regulations to control and prevent the spread of plant pests and diseases.
(E) Inspection and diagnosis. It is the power and duty of the City Forester to enter upon public or private property, at any reasonable time, for the purpose of inspecting for, and diagnosing, shade tree disease. In cases of suspected shade tree disease, and in performance of his or her duties, the City Forester may remove such specimens, samples and biopsies as may be necessary or desirable for diagnosis.
(F) Abatement of nuisance. Abatement of a nuisance, defined herein, shall be by spraying, removing, burning, or otherwise effectively treating the infected tree or wood to prevent spread of shade tree disease. Such abatement procedures shall be carried out in accordance with current technical and expert methods and plans as may be designed by the Commissioner of Agriculture of the State of Minnesota. The city shall establish specifications for tree removal and disposal methods consistent therewith.
(G) Procedure for removal of infected trees and wood.
(1) Whenever the City Forester finds with reasonable certainty that the infection, or danger of infection, exists in any tree or wood on any public or private property, he or she shall proceed as follows:
(a) If the City Forester finds that the danger of infection of other trees is not imminent because of dormancy of shade tree disease, he or she shall make a written report of his or her finding to the City Commission which shall proceed by:
1. Abating the nuisance as a public improvement under M.S. Chapter 429, or
2. Abating the nuisance as provided division (B)(2) of this division.
(b) If the City Forester finds that danger of infection of other trees is imminent, he or she shall notify the owner of the property, or the abutting property, as the case may be, by certified mail that the nuisance will be abated within a specified time, not less than five days from the date of mailing of such notice. The City Forester shall immediately report such action to the City Commission, and after the expiration of the time limited by the notice he or she may abate the nuisance.
(c) If the City Forester finds with reasonable certainty that immediate action is required to prevent the spread of shade tree disease, he or she may proceed to abate the nuisance forthwith. He or she shall report such action immediately to the City Commission and to the abutting property owner, or to the owner of the property where the nuisance is located.
(2) Upon receipt of the City Forester’s report required by division (G)(1)(a) above, the City Commission shall by resolution order the nuisance abated. Before action is taken on such resolution, the City Commission shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the City Commission shall hear property owners with reference to the scope and desirability of the proposed project. The City Commission shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract.
(3) The City Forester shall keep a record of the costs of abatements done under this subdivision and shall report monthly to the City Administrator all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each.
(4) On or before September 1 of each year the City Administrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The City Commission may then spread the charges or any portion thereof against the property involved as a special assessment under M.S. § 429.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes.
(5) No damage shall be awarded the owner for destruction of any tree, wood or part thereof pursuant to this section.
(H) Spraying trees.
(1) Whenever the City Forester determines that any tree or wood is infected or threatened with infection, he or she may spray or treat all nearby high value trees with an effective concentrate or fungicide or both. Activities authorized by this subdivision shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his or her agents whenever possible.
(2) The notice and assessment provisions of division (G) apply to spraying and treatment operations conducted under this subdivision.
(I) Interference prohibited. It is unlawful for any person to prevent, delay or interfere with the City Forester while he or she is engaged in the performance of duties imposed by this section.
(J) Additional duties of city forester. It is the additional duty of the City Forester to coordinate, under the direction and control of the City Commission, all activities of the city relating to the control and prevention of shade tree disease. He or she shall recommend to the City Commission the details of a program for the control of the diseases, and perform the duties incident to such a program adopted by the City Commission.
(K) Subsidies. The duty of any property owner to bear the cost of removing or maintaining trees, whether by private contract or assessment, shall be subject to a subsidy policy, if any, established by the city for the treatment or removal of trees infected with shade tree disease.
(Ord. 113, passed 3-11-2014) Penalty, see § 10.99