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(A) The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within all city rights-of-way, easements and on public property, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public land.
(B) The City Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to utility lines or other public improvements, or is affected with any injurious fungus, insect or other pest.
(C) It is unlawful for any person to plant, spray, trim or remove trees or other plants which are upon city property, including rights-of-way, without first obtaining a written permit to do so from the city.
(Ord. 2009-230, passed 7-30-2009) Penalty, see § 53.99
(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, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of these diseases, and provide for the removal of dead or diseased trees as nuisances as permitted by M.S. § 18G.13, as it may be amended from time to time.
(B) Scope and adoption by reference. M.S. Ch. 18G, as it may be amended from time to time, 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 code shall govern where this code is more restrictive.
(C) Trees constituting nuisance. The following constitute a public nuisance wherever they may be found in 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 one or more of the elm bark beetle Scolytus Multistriatus (EICH) or Hylungopinus Rufides (Marsh);
(2) Any dead elm tree or part thereof, including 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;
(3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis Fagacearum;
(4) Any dead oak tree or part thereof which in the opinion of the designated city officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which remains unstripped of its bark and burned or sprayed with an effective fungicide;
(5) Any other tree with an epidemic disease;
(6) Any tree which, because of its height, breadth or location interferes with pedestrian use of sidewalks, or otherwise obstructs or interferes with the safe operation of vehicular traffic on public roadways; and/or
(7) Any tree that because of damage by wind, lightning strike, disease or other source, or that because of weakened root structure or rot poses a hazard to safety or property shall be a public nuisance under this section.
(Ord. 2009-230, passed 7-30-2009)
Cross-reference:
Nuisances, administration, see § 91.02
Trees constituting nuisance, see § 91.06(F)
The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitutes a potential threat to other trees within the city. The City Tree Inspector or his or her designee will notify in writing the owners of such trees via first class mail which trees must be removed and the necessary removal methods. The owner shall remove the tree at the owner’s expense within 60 days after the date the notice was mailed. In the event of failure of owners to comply with such provisions, the city shall remove such trees and assess the cost of removal against the owners’ property pursuant to M.S. § 429.101, as it may be amended from time to time.
(Ord. 2009-230, passed 7-30-2009)
Cross-reference:
Nuisances, administration, see § 91.02
It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the City Tree Board and/or City Tree Inspector.
(Ord. 2009-230, passed 7-30-2009) Penalty, see § 53.99
Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be clear space of 14 feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with safe use of the roadway or sidewalk or with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
(Ord. 2009-230, passed 7-30-2009)
Cross-reference:
Nuisances, administration, see § 91.02
See § 153.065, Tree and Woodland Preservation, as it may be amended.
(Ord. 2009-230, passed 7-30-2009)
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