(A) Declaration of policy.
(1) The City Council determines that the health of the elm, oak, and ash trees within the city is threatened by fatal diseases known as Dutch Elm, Oak Wilt, and Emerald Ash Bore diseases, and other trees may be threatened by other diseases of shade trees.
(2) The City Council further determines that the loss of elm, oak, and other trees growing upon public and private property would 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 intention of the City Council to control and prevent the spread of those diseases, and provide for the removal of dead or diseased trees, as nuisances, and this section is enacted for that purpose.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE.
(a) Any living or standing tree infected to any degree with a shade tree disease; or
(b) Ay logs, branches, stumps, or other parts of any dead or dying tree, so infected, unless such parts have been fully burned or treated under the direction of the Public Works Director or other designated officer.
SHADE TREE DISEASE. Dutch Elm disease, Oak Wilt disease, Emerald Ash bore, or other diseases that may threaten shade trees.
(C) Designated enforcement officer. It shall be the duty of the Public Works Director or other officer designated by the City Council to coordinate, under the direction and control of the City Council, all activities of the city relating to the control and prevention of Dutch Elm disease, Oak Wilt disease, Emerald Ash bore, and other epidemic diseases of shade trees. The officer shall recommend to the City Council the details of a program for the control of diseases, and perform the duties incident to a program adopted by the City Council.
(D) Trees constituting nuisance declared. 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 Multisthatus (Eichh) or Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part thereof, including branches, stumps, firewood, or other material from which the bark has not been removed and burned or sprayed with an affective 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 living or standing ash tree or part thereof infected to any degree with emerald ash bore, Agrilus planipennis; must be disposed of in accordance with Department of Natural Resources or State Department of Agriculture procedures; and
(6) Any other shade tree with an epidemic disease.
(E) Inspection and investigation. As often as practical, the Public Works Director shall inspect all public and private premises within the city which might harbor any plant pest as defined in state statutes as it may be amended from time to time, to determine whether any condition described in division (D) above exists thereon. The designated officer shall investigate all reported incidents of infestation of Dutch Elm fungus, Emerald Ash bore, Elm bark beetles, Oak Wilt fungus, or any other epidemic disease of shade trees.
(F) Unlawful act. It is a petty misdemeanor for any person to keep, maintain, or permit upon premises owned by him or her or upon public property where he or she has the duty of tree maintenance, any nuisance herein defined.
(G) Enforcement. The Public Works Director shall have the power to take all reasonable precautions to prevent the maintenance of public nuisances and may enforce the provisions related to abatement in this section. Diagnosis of shade tree pests may be made by the presence of commonly recognized symptoms or by tests as may be recommended by the State Department of Agriculture or the State Department of Natural Resources.
(H) Entry on private premises. The designated officer or his or her duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this section.
(I) Diseased trees in streets. The rights, duties, and responsibilities of property owners set forth in this section shall be equally applicable to, and binding upon abutting property owners with tree maintenance responsibilities under § 90.05, “regulation of grass, weeds, and trees in streets”.
(J) Abatement of nuisance.
(1) It is a petty misdemeanor for any person to permit any public nuisance as defined in division (D) above to remain on any premises the person owns or controls within the city. The nuisances may be abated in the manner prescribed by this section. In abating a nuisance defined in division (D) above, the Public Works Director shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases such as Dutch Elm disease, Emerald Ash Bore, and Oak Wilt disease.
(2) The Public Works Director shall also take other steps as are necessary to prevent root graft transmission of the diseases. The abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the State Department of Natural Resources or the State Department of Agriculture.
(K) Stockpiling of bark-bearing elm wood. The stockpiling of bark-bearing elm wood shall be permitted during the period from September 15 through April 1 of any given year. Any such wood not utilized by April 1 of any year must be removed and disposed of as provided by this section and the regulations incorporated therein.
(L) Procedure for the removal of infected trees and wood.
(1) Action by the designated officer
(a) Whenever the Public Works Director finds with reasonable certainty that the infestation in division (D) above exists in any trees or wood in any public or private place in the city, the Public Works Director shall, in writing, notify the owner of the existence of a nuisance, which notice shall state that the owner has 30 days to abate the nuisance and avoid city action.
(b) If within the 30-day period the property owner has not abated the nuisance, the Public Works Director shall take action to remove and dispose of the nuisance at the owner’s expense. (See division (D) above.)
(2) Record. The Public Works Director shall keep a record of the costs of abatement done under this section and shall report to the City Administrator 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.
(3) Assessment On or before September 1 of each year, the City Administrator 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 under M.S. § 429.101, as it may be amended from time to time, and other pertinent statues for certification to the County Auditor and collection the following year along with the current taxes.
(M) Interference prohibited. It is unlawful for any person to prevent, delay, or interfere with the Public Works Director or his or her agents while they are engaged in the performance of duties imposed by this section; however, it is a defense to prosecution under division (I) above that the interference alleged consisted of constitutionally protected speech only.
(Ord. 23, 3rd Series, passed 6-18-1981; Ord. 179, Third Series, passed 6-8-2010) Penalty, see § 130.99