The city council has determined that the health of the shade trees within the municipal limits is threatened by shade tree diseases. It has further determined that the loss of shade 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 the intention of the city council to control and prevent the spread of these diseases. This section is enacted for that purpose and to conform to the policies and procedures embodied in Minnesota statutes section 18G.13 as amended from time to time and rules promulgated thereunder.
A. Definitions: For the purposes of this section, the terms defined in this subsection have the following meanings:
COMMISSIONERS: The commissioner of the state department of agriculture.
DISEASE CONTROL AREA: The entire city, except those areas annually designated by the tree inspector as "no control zones" pursuant to state law.
SHADE TREE: Ash, oak or elm trees in the city.
SHADE TREE CONTROL PROGRAM OR PROGRAM: A program developed by the city to combat shade tree disease in accordance with rules promulgated by the commissioner of agriculture.
SHADE TREE DISEASE: Dutch Elm disease caused by Ceratocystis ulmi, oak wilt disease caused by Ceratocystis fagacearum, or emerald ash borer (Agrilus planipennis).
TREE INSPECTOR OR INSPECTOR: A person having the necessary qualifications to conduct a shade tree program and who is so certified by the commissioner of agriculture.
B. Tree Inspector:
1. Position Created: The powers and duties of city tree inspector as set forth in this section are hereby conferred upon the public works director/city engineer. The public works director may designate a member of the street department staff to perform the duties of tree inspector.
2. Duties: It is the duty of tree inspector to coordinate, under the direction and control of the city council, all activities of the municipality relating to the control and prevention of shade tree disease. The tree inspector shall recommend to the city council the details of a program for the control of shade tree disease, and perform the duties incident to such a program adopted by the city council.
C. Dutch Elm Disease And Oak Wilt And Emerald Ash Borer:
1. Declaration Of Policy: The city of Little Falls has determined that the health of elm and oak trees is threatened by the fatal disease known as Dutch elm and oak wilt diseases. It also has been determined that the health of ash trees is threatened by an insect pest known as the emerald ash borer. It has been further determined that the loss of elm, oak and ash trees growing upon 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 of Little Falls to control and prevent the spread of these diseases and insect pests; this section is intended for this purpose.
2. Shade Tree Disease Program: It is the intention of the city of Little Falls to conduct a program of plant pest control pursuant to authority granted by Minnesota statutes section 18G.12. This program is directed specifically at the removal of trees stricken with Dutch elm, oak wilt disease, or emerald ash borer, and is undertaken at the recommendation of the commissioner of agriculture and Minnesota statutes. The public works director will act as coordinator for the commissioner of agriculture and the city of Little Falls in the conduct of this program.
3. Nuisance Declared: The following items are a public nuisance wherever they are found within the city of Little Falls:
a. Any living or standing elm tree infected to any degree with Dutch elm disease fungus, Ceratocystis ulmi (Buisman) Mureau, or which harbors any elm bark beetles, Scolytus multistrialus (Eich.) or Hylnrgopinus rufipes (March).
b. Any living or standing oak tree infected to any degree with oak wilt fungus, Ceratocystis fagacearum.
c. Any living or standing ash tree infested to any degree with emerald ash borer, Agrilus planipennis.
d. Any dead elm, ash or oak tree, including logs, branches, stumps, firewood or other material.
D. Abatement: It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned by them. Such nuisance will be abated in the manner prescribed by this section.
E. Inspection And Investigation:
1. The public works director, his agent or employees assigned to him, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned in this section.
2. The public works director, his agent or employees assigned to him, will inspect all premises and places within the city of Little Falls as often as practicable to determine whether a nuisance exists.
3. No action to remove infected trees will be taken until positive diagnosis of the disease has been made.
F. Abatement Of Dutch Elm, Emerald Ash Borer Or Oak Wilt Disease Nuisance On City Property: The public works director will cause any nuisance, as defined in subsection C of this section, to be removed from property of the city, including streets, boulevards and alley rights of way (from property line to property line), and cause same to be sanitized or otherwise effectively treated so as to destroy and prevent, as fully as possible, the spread of emerald ash borer, Dutch elm or oak wilt disease fungus. The abatement procedures will be carried out in accordance with such technical and expert methods and plans as may be designed by the city of Little Falls and consistent with the regulations and requirements of the commissioner of agriculture of the state of Minnesota. The public works director will establish procedures for tree removal and disposal methods consistent therewith.
G. Abatement Of Dutch Elm, Emerald Ash Borer Or Oak Wilt Disease Nuisance On Private Property: Whenever the public works director finds with reasonable certainty that a nuisance as defined in subsection C of this section exists on private property, including property controlled by other entities of government and outside any public way or property of the city, within the city of Little Falls, the public works director or his authorized representative will notify the owner by mail of the existence of the nuisances and direct that the nuisance be removed or otherwise effectively treated in the approved manner within fifteen (15) calendar days after mailing of such notice. The notice will also state that if the nuisance is not abated by the owner within the time provided, that the city of Little Falls will abate the nuisance, and assess the costs against the property. In the event the owner of any private or public premises upon which such a nuisance is situated fails to comply with the notice, the public works director, his agents or employees assigned to him, will proceed to abate the nuisance in the manner prescribed for abatement of such nuisances on city property. Any expenses incurred by the city of Little Falls or by approved contractors in so doing will be a charge and a lien upon said property and will be collected as a special assessment or as stated in Minnesota statutes section 18G.13.
H. Collection Of Assessments: The cost of abatement of any nuisance incurred by the city of Little Falls and not reimbursed by the owner on or before November 1 of each year will be reported by the finance officer to the city council. The city council will assess the levy and cause to be collected the amount of such costs as a special assessment upon and against the premises and property upon which said nuisance existed in the like manner as other special assessments, payable in one sum or as stated in Minnesota statutes 18G.13.
I. Interference Prohibited: It is unlawful for any person to prevent, delay or interfere with the public works director, his agents, employees or contractors, while they are engaged in the performance of duties imposed by this section.
J. Position: The public works director is responsible for the enforcement of this section and to coordinate the abatement program within the rules, regulations and policies set forth by the commissioner of agriculture and the city council. (Ord. 83, 6th Series, eff. 12-7-2015)