A. Policy And Purpose: The health of the trees in the city is threatened by shade tree pests and diseases. 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 Minnesota statutes, sections 89.001, and 89.51 through 89.64, the provisions of this section are adopted to attempt to control and prevent the spread of shade tree pests and shade tree disease within a designated control area.
B. City Jurisdiction: The city shall have control of all trees, shrubs, and other plantings located on public property within the city limits, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs and other plantings.
C. Boulevard Trees: Except in those parts of the city where, by agreement, certain developments or homeowners' associations have accepted this responsibility, the city of Rosemount shall be responsible for the treatment or removal of a nuisance, diseased, or hazardous tree from the boulevard.
D. Tree Inspector: It is the power and duty of the tree inspector to enter upon public or private property at any reasonable time for the purpose of inspecting and diagnosing and, if necessary, abating shade tree diseases or shade tree pests. In the case of suspected shade tree diseases or pests, and in performance of his or her duties, the tree inspector may remove such specimen or samples as may be necessary or desirable for diagnosis. The tree inspector shall have the authority to conduct the following:
1. Coordinate the activities of the city relating to the control and prevention of damage by shade tree pests and diseases and employ any control measures he or she deems appropriate.
2. Recommend to the council the details of any program for the declaration, control and prevention of shade tree pests and diseases and enforce or cause to be enforced the duties incident to such a program adopted by the council.
3. Inspect, or cause to be inspected, any and all premises within the city upon which it is suspected a shade tree pest or disease exists and investigate all reported incidents of shade tree pests and diseases.
4. Diagnose shade tree pests and diseases by the presence of commonly recognized symptoms or by tests as may be recommended by the commissioner of the Minnesota department of agriculture or department of natural resources; or other reliable means.
5. Take all reasonable precautions to prevent the maintenance of public nuisances and enforce the provisions relating to abatement in this chapter, including hiring private contractors to implement such measures.
E. Abatement Of Shade Tree Nuisances: In abating a "shade tree pest" or disease tree nuisance as defined in this chapter, the following procedures shall be followed in addition to the procedures in section 5-2-4 of this chapter:
1. The shade tree pest or diseased tree shall be removed or effectively treated so as to destroy and prevent as fully as possible the spread of the pest or disease. Such abatement procedures shall be carried out in accordance with current technical and expert methods and plans as may be designated by the commissioner of agriculture, and with the "control measures" as defined in this chapter, and within the control areas prescribed by the city council.
2. If a notice of abatement for a shade tree pest or disease issued under section 5-2-4 of this chapter and its prescribed control measures 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 enter the property and carry out abatement in accordance with the council's declared control measures and the notice of abatement.
F. Abatement Procedure In The Event Of Imminent Danger; Summary Enforcement: 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 proceed as follows:
1. Determination; Notice: The tree inspector shall determine all trees to be affected by any appropriate control measures and notify any reasonably knowable owner and occupant of property or properties on whose land every such tree is located.
2. Contents Of Notice: The notice shall state that a public nuisance exists or is being maintained on premises in the city and that a delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The notice shall state the nuisance found, the control measure required, provide the nuisance must be abated within a specified time, and the time and place of the city council meeting to consider the question of summary enforcement. The notice and proposed action shall be reported in writing to the council.
3. Abatement: The city council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement, and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the city council may order abatement of the nuisance. After the expiration of the time provided on the original mailing, the nuisance may be abated.
4. Immediate Abatement: Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. (Ord. 2012-03, 4-3-2012)