(A) Policy statement and trees constituting nuisance declared. 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 through 89.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade-tree pests. Further, trees damaged by weather or other forces that are not promptly trimmed or removed pose a hazard to persons and property within the city.
The following are public nuisances whenever they may be found within 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 any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (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 officer, constitutes a hazard, including but not limited to, logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide;
(5) Any ash tree infested with the emerald ash borer;
(6) Any tree infested with the Gypsy Moth;
(7) Any other tree with an epidemic disease or damaged by weather or other forces that is structurally unsound, in danger of falling or causing damage to real property or persons if not trimmed, removed or treated.
(8) Any dead, non-diseased tree or part thereof which, in the opinion of the designated officer, constitutes a hazard or public nuisance, including but not limited to, logs, branches, stumps, roots, firewood or other material.
(B) Jurisdiction. The city shall have control of all street trees, shrubs and other plantings now or hereafter in any street, park, public right-of-way or easement, or other public place within the city limits, and shall have the power to plant, care for, maintain, remove and replace such trees, shrubs and other plantings.
(C) Tree inspector. The City Manager may appoint a Tree Inspector to coordinate the activities of the city relating to the control and prevention of damage by shade-tree pests. The Tree Inspector will recommend to the City Manager the details of any program for the declaration, control and prevention of shade-tree pests. The 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 any person designated by City Manager or the Tree Inspector to carry out activities authorized in this section.
(D) Inspection and application of control measures.
(1) The Tree Inspector is authorized to inspect premises and places within the city to determine whether shade-tree pests exist thereon, and to investigate all reported incidents of shade-tree pests. The Tree Inspector is authorized to take all reasonable measures to prevent the maintenance of public nuisances and may enforce the provisions relating to abatement in this section. Diagnosis of shade-tree pests 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.
(2) Except in situations of imminent danger to human life and safety, the Tree Inspector shall not enter private property for the purpose of inspecting or preventing maintenance of public nuisances without the permission of the owner, resident or other person in control of the property, unless the Tree Inspector has obtained a warrant or order from a court of competent jurisdiction authorizing the entry.
(3) No person, firm or corporation shall interfere with the Tree Inspector, or with anyone acting under the Tree Inspector's authority, while engaged in activities authorized by this section.
(E) Abatement of nuisance. It is unlawful for any person to permit any public nuisance, as defined in division (A) of this section, to remain on any premises the person owns or controls within the city. Whenever a 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 Tree Inspector is authorized to abate a public nuisance according to the procedures in this division.
(1) The Tree Inspector will notify, in writing, the owner of record or occupant of the premises 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 Manager.
(2) The notice of abatement shall state that, unless the public nuisance is abated by the owner or occupant, it will be abated by the city at the expense of the owner or occupant. 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 or occupant has the right to appeal the determination that a public nuisance exists by submitting a request, in writing, to the City Manager within seven days after service of the notice, or before the date by which abatement must be completed, whichever comes first.
(a) 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 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.
(b) Abatement procedure in event of imminent danger. If the Tree Inspector determines that the danger of infestation to other shade trees is imminent, and delay in control measures may put public health, safety or welfare in immediate danger, the Tree Inspector may provide for abatement without following division (1) or (2). 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.
(3) 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 Tree Inspector 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.
(4) If the City Manager receives a written request for a hearing on the question of whether a public nuisance exists, the City Council shall hold a hearing within seven calendar days following receipt by the City Manager of the written request. 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 lienholder of the subject property or 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.
(5) 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. The City Manager shall keep a record of the costs of abatement done under this section for 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.
(6) On or before November 1 of each year, the City Manager 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 Council may then spread the charges or any portion thereof against the property involved as a special assessment, as authorized by M.S. § 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the County Auditor and collection the following year along with the current taxes.
(F) 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 under division (A), shall report the same to the city.
(G) 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.
(Am. Ord. 718, passed 10-2-12) Penalty, see § 10.99