CHAPTER 94: PROPERTY MAINTENANCE
Section
Diseased Trees
   94.01   Declaration of policy
   94.02   Appointment of a forester and/or tree inspector
   94.03   Declaration of nuisance
   94.04   Nuisance prohibited
   94.05   Inspection and investigation
   94.06   Interference prohibited
   94.07   Summary of abatement procedures
   94.08   Transporting diseased trees
Fertilizer and Pesticide Application
   94.20   Purpose
   94.21   Specific provisions
   94.22   Fertilizer content
 
   94.99   Penalty
DISEASED TREES
§ 94.01 DECLARATION OF POLICY.
   The City Board has determined that the health of oak trees within the city is threatened by a fatal tree disease commonly known as oak wilt. It has been further determined that the loss of oak trees growing upon public and private property does substantially depreciate the value of property within the city and impair the safety, good order, general welfare, and convenience of the public. It is declared to be the intent of the City Board to control and prevent the spread of oak wilt disease and other epidemic diseases of shade trees and this subchapter is enacted for that purpose. It is also the intention of the City Board to conduct a program of plant pest control pursuant to authority granted by M.S. § 18.75 et. seq., as it may be amended from time to time. This program is directed specifically at the control and elimination of oak wilt fungus and is undertaken at the recommendation of the state’s Commissioner of Agriculture.
(Ord. 52, passed 7-18-1995)
§ 94.02 APPOINTMENT OF A FORESTER AND/OR TREE INSPECTOR.
   The City Board shall designate a forester and/or tree inspector, certified by the state’s Commissioner of Agriculture, who shall administer the shade tree disease program under the direction of the City Board and in accordance with this subchapter.
(Ord. 52, passed 7-18-1995)
§ 94.03 DECLARATION OF NUISANCE.
   The following are declared to be public nuisances whenever and wherever they may be found within the city:
   (A)   Any living or standing oak tree or part thereof infected to any degree with oak wilt fungus, Ceratocystis fagacearum, that has been determined by the city forester and/or tree inspector to pose a threat of overland transmission of the fungus to other oak trees;
   (B)   Any dead oak tree or part thereof which, in the opinion of the city forester and/or tree inspector, constitutes a hazard for the overland spread of oak wilt including, but not limited to, branches greater than two inches in diameter at the largest end, logs, stumps, or firewood; and
   (C)   Other shade trees with epidemic diseases.
(Ord. 52, passed 7-18-1995)
§ 94.04 NUISANCE PROHIBITED.
   It shall be unlawful for any person to permit a public nuisance, as defined in this subchapter, to remain on any premises owned or controlled by that person within the city. Such nuisances shall be abated in the manner prescribed by this subchapter.
(Ord. 52, passed 7-18-1995) Penalty, see § 94.99
§ 94.05 INSPECTION AND INVESTIGATION.
   (A)   Annual inspection. The forester and/or tree inspector shall inspect, as often as necessary, all public and private places within the city to determine whether any of the conditions described in § 94.03 exists thereon. The forester and/or tree inspector shall investigate all reported incidents of infection or infestation by oak wilt fungus or any other epidemic disease of shade trees. The term PRIVATE PLACE means every place except private homes and buildings.
   (B)   Right of entry. The forester and/or tree inspector or the City Board’s duly authorized agents may enter upon all public and private places at any reasonable time for the purpose of carrying out any of the duties assigned herein. Before making any inspection on private property within the city, the forester and/or tree inspector shall give five days’ written notice of the inspection to all affected residents and property owners.
   (C)   Disease determination. Whenever possible, diagnosis shall be based upon accepted field symptoms. The forester and/or tree inspector may, upon finding indications of oak wilt, take such other steps as may be appropriate to confirm the diagnosis. These steps may include analysis of twig and stem samples from oak trees, or parts thereof, suspected of being infected, laboratory isolation, and confirmation of the presence of the fungi shall be done by the Department of Agriculture disease diagnosis laboratory or other laboratories capable of performing the services approved by the state’s Commissioner of Agriculture.
(Ord. 52, passed 7-18-1995)
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