(A) Declaration of Policy. 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 Minn. Stat. §§ 89.001, 89.01 and 89.51 through 89.64, the provisions of this section are adopted to attempt to control and prevent the spread of these shade tree pests.
(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) Declaration of a Shade Tree Pest. The Council may declare any thing threatening to cause significant damage to a shade tree or community forest as defined by Minn. Stat. § 89.001, to be a shade tree pest and prescribe control measures to effectively eradicate, control or manage the shade tree pest including necessary timelines for action.
(D) Public Nuisances Declared. A shade tree pest is a public nuisance.
(E) Shade Tree Pest Nuisances are Unlawful. It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises the person owns or controls within the City. The nuisance may be abated as provided in this section.
(F) Abatement of Shade Tree Pest Nuisances.
(1) In abating a nuisance declared by ordinance under divisions (C) and (D), the organism, condition or plant and any tree, wood or material identified as injurious to the health of shade trees shall be removed or effectively treated so as to destroy and prevent as fully as possible the spread of the shade tree pest. Such abatement procedures shall be carried out in accordance with the control measures and areas prescribed by ordinance according to divisions (C) and (G) and (H).
(G) Inspection. Inspections shall be conducted pursuant to City Code § 10.20.
(H) Abatement. Abatements shall be conducted pursuant to City Code § 92.
(I) Declared shade tree pests. The following are declared to be shade tree pests:
(1) Oak Wilt. Oak Wilt is declared a shade tree pest and is defined as any living or dead tree, log, firewood, limb, branch, stump or other portion of a tree from any species of the genus Quercus existing within the control area defined that has bark attached and that exceeds three inches in diameter or ten inches in circumference and contains to any degree any spore or reproductive structures of the fungus Ceratocystis fagacearum.
(2) Emerald Ash Borer. Emerald Ash Borer is declared a shade tree pest and is defined as an insect that attacks and kills ash trees. The adults are small, iridescent green beetles that live outside of trees during the summer months. The larvae are grub or worm-like and live underneath the bark of ash trees.
(3) Dutch Elm Disease. Dutch Elm Disease is declared a shade tree pest and is defined as a disease of elm trees caused by the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi, and includes any living or dead tree, log, firewood, limb, branch, stump or other portion of a tree from any species of the genus Ulmus existing within the control area defined that has bark attached and that exceeds three inches in diameter or ten inches in circumference and could contain bark beetles or any spore or reproductive structures of the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi.