(A) Declaration of policy. The City Council has determined that the health of the elm trees within the municipal limits may be threatened by a fatal disease known as Dutch Elm Disease. It is 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
(B) Position created. The position of Tree Inspector is hereby created and the Tree Inspector shall have the powers and duties as set forth in this section.
(C) Duties of Tree Inspector. It is the duty of the Tree Inspector to coordinate, under the direction and control of the City Council, all activities of the city relating to the control and prevention of Dutch Elm Disease. He or she shall recommend to the City Council the details of a program of Dutch Elm Disease control and perform the duties incident to a program adopted by the City Council.
(D) Dutch Elm Disease program. It is the intention of the City Council to conduct a program of plant pest control pursuant to the authority granted by M.S. § 18G.13, as may be amended from time to time. 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 Tree Inspector shall act as coordinator between the Commissioner of Agriculture and the City Council in the conduct of this program.
(E) Nuisances declared. The following things are public nuisances whenever they may be found within the city:
(1) Any living or standing elm tree or plant thereof infected to any degree with the Dutch Elm fungus OeratooyBtls Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Soolytus MuitiBtriatue (Bichh.) or Hylugopinus Rufipee (Marsh); and
(2) Any dead elm tree, or any part thereof, including logs, branches, stumps, firewood or any other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide.
(F) Abatement. It is unlawful for any person, firm or corporation to permit any public nuisance, as defined herein, to remain on any premises owned or controlled by him or her within the city. The nuisances may be abated in a manner prescribed hereinafter by this section.
(G) Inspection and investigation.
(1) The Tree Inspector shall inspect all premises and places within the city as often as practicable to determine whether any condition described in division (E) above exists thereon. He or she shall investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles.
(2) The Tree Inspector, or his or her duly authorized agents, may enter upon the private premises at any reasonable time for the purposes of carrying out any of the duties assigned to him or her under this section.
(3) The Tree Inspector shall, upon finding conditions indicating Dutch Elm Disease infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take other steps for diagnosis as may be recommended by the Commissioner. Except as provided in division (F) above, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made.
(H) Abatement of Dutch Elm Disease nuisance. In abating nuisance, as defined in division (E) above, the Tree Inspector 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.
(I) Procedure for removal of infected trees and wood. Whenever the Tree Inspector finds, with reasonable certainty, that the infestation defined in division (E) above exists in any tree or wood in any public or private place in the city, he or she shall proceed as follows:
(1) If the Tree Inspector finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he or she shall make a written report of his or her findings to the City Council which shall proceed by:
(a) Abating the nuisance as a public improvement under M.S. Ch. 429, as may be amended from time to time; or
(b) Abating the nuisance as provided in division (H) above.
(2) If the Tree Inspector finds that the danger of infestation of other elm trees is imminent, he or she shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not loss than five days from the date of mailing of the notice. The Tree Inspector shall immediately report the action to the City Council, and after expiration of time limited by the notice, he or she may abate the nuisance.
(3) Upon receipt of the Tree Inspector’s report required by division (I)(1) above, the City Council shall, by resolution, order the nuisance abated. Before action is taken on the resolution, the City Council shall publish notice of its intentions to meet to consider taking action to abate the nuisance. This notice shall be mailed to the affected property owners and published once, not less than one week prior to the meeting. The notice shall state the time and place of the meeting, the streets affected, the action proposed, the estimated cost of the abatement and the proposed basis of assessment, if any, of the costs. At the meeting, or adjournment thereof, the City Council shall hear property owners with reference to the scope and desirability of the proposed abatement. The City Council shall thereafter adopt a resolution confirming the original resolution with modifications as it considers desirable and provide for doing the work by day labor or by contract.
(4) The Tree Inspector shall keep a record of the costs of abatements done under this division (I) 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 lots, parcels or land involved and the amount chargeable to each.
(5) On or before September 30 of each year, the City Administrator shall list the total unpaid charges for each abatement against each separate lot, parcel or land to which they are attributable under this section. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment under M.S. § 429.101, as may be amended from time to time, and other pertinent statutes for certification to the County Auditor for collection the following year, along with current taxes.
(J) Spraying elm trees. Whenever the Tree Inspector determines that any elm tree or elm wood within the city is infected with Dutch elm fungus, he or she may spray all nearby high value elm trees with an effective elm bark beetle destroying solution. Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans by the Commissioner of Agriculture and under the supervision of the Commissioner and his or her agents whenever possible. The notice provisions of division (I) above apply to spraying operations conducted under this section.
(K) Transporting elm wood. It is unlawful for any person to transport, within the city, any bark bearing elm wood without having obtained a permit from the Tree Inspector. The Tree Inspector shall grant permits only when the purposes of this section shall be served thereby.
(L) Interference. It shall be unlawful for any person to prevent, delay or interfere with the Tree Inspector or his or her agent while they are engaged in the performance of the duties imposed under this section.
(M) Effective date. This section shall he in effect and be in force from and after its passage and publication. The ordinance codified herein was published on 8-15-1969.
(Ord. 47, passed 7-21-1969) Penalty, see § 92.99