Part 2. Tree Diseases
802.01. Declaration of policy. The council determines that the health of the
elm and oak trees within the municipal limits is threatened by fatal diseases
known as Dutch elm and oak wilt diseases, and other trees may be threatened by
other epidemic diseases of shade trees. It 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 conveniences of the public. It is
declared to the intention of the council to control and prevent the spread of
those diseases, and this ordinance is enacted for that purpose.
802.02. Forester. Subdivision 1. Position
created. The position of forester is hereby created under the
immediate supervision of the city clerk. Forester to be appointed by council.
Subd. 2. Duties
of forester. It is the duty of the
forester to coordinate, under the direction and control of the council, all
activities of the municipality relating to the control and prevention of Dutch
elm disease and oak wilt disease and other epidemic diseases of shade
trees. The forester shall recommend to
the council the details of a program for the control of such disease; and
perform the duties incident to such a program adopted by the council.
802.03. Nuisances declared. Subdivision 1. Trees
constituting nuisances. The
following are public nuisances whenever they may be found within the city.
a. 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);
b. 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;
c. Any living or standing oak tree or part
thereof infected to any degree with the oak wilt fungus Ceratocystis
fagacearum;
d. Any dead tree or part thereof which in the
opinion of the forester constitutes a hazard, including but not limited to
logs, branches, stumps, roots, firewood, or other tree material, which has not
been stripped of its bark and burned or sprayed with an effective fungicide.
e. Any other shade trees with an epidemic
disease.
Subd. 2. Abatement. It is unlawful for any person to permit any
public nuisance as defined in Subd. 1 to remain on any premises the person owns
or controls with in the city. Such
nuisances may be abated in the manner prescribed by this part.
802.04. Inspection and
investigation. Subdivision
1. Inspection. As often as practicable, the forester shall
inspect all public and private premises within the city which might harbor any
plant pests as defined in Minn. Stat.
18.46, Subd. 13 to determine whether any condition described in Section 802.03
of this code exists thereon. The
forester shall investigate all reported incidents of infestation by Dutch Elm
fungus, elm bark beetles, oak wilt fungus, or any other epidemic disease of
shade trees or dead trees.
Subd 2. Entry
on private premises. The forester or
the duly authorized agents of the forester may enter upon private premises at
any reasonable time for the purpose of carrying out any of the duties assigned
under this code.
802.05. Abatement of diseases
creating nuisance. In abating a
nuisance defined in Section 802.04., the forester 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
including Dutch elm disease and oak wilt disease. The forester shall also take such steps as
are necessary to prevent root graft transmission of the diseases. Such abatement procedures shall be carried
out in accordance with current technical and expert opinions and plans as may
be designated by the commissioner of agriculture.
802.06. Procedure for removal of
infected trees and wood and dead trees. Subdivision 1. Action
by forester. Whenever the forester
finds with reasonable certainty that the infestation defined in Section
802.04. exists in any tree or wood in
any public or private place in the city, or if any dead trees stand upon the
property, the forester shall in writing notify the owner of the existence of a
nuisance, which notice shall state that the owner has 60 days to abate the
nuisance and avoid city action. A copy
of the notice shall be transmitted to the city clerk for the information of the
council. If within the 60-day period the
property owner has not abated the nuisance, the forester shall report all the
facts surrounding the unabated nuisance to the council.
Subd. 2. Action
by council. Upon receipt of the
forester's report required in Subd. 1., the council shall by resolution order
the nuisance abated. Before action is
taken on such resolution, the council shall publish notice of its intention to
meet to consider taking action to abate the nuisance. This notice shall be mailed to affected
property owners and published once no less than one week prior to such
meeting. The notice shall state the time
and place of the meeting, the streets affected, action proposed, the estimated
costs of the abatement, and the proposed basis of assessment, if any, of
costs. At such hearing or adjournment
thereof, the council shall hear property owners with reference to the scope and
desirability of the proposed project. The council shall thereafter adopt a resolution confirming the original
resolution with such modifications as it considers desirable and provide for
the doing of the work by day labor or by contract.
Subd. 3. Record. The forester shall keep a record of the costs
of abatement done under this section and shall report monthly to the city clerk
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.
Subd. 4. Assessment. On or before September 1 of each year the
clerk shall list the total unpaid charges for each abatement against each
separate lot or parcel to which they are attributable under this part. The council may then spread the charges or
any portion thereof against the property involved as a special assessment under
Minn. Stat. 429.101 and other pertinent statutes for certification to the
county auditor and collection the following year along with current taxes.
802.07. Interference prohibited. It is unlawful for any person to prevent,
delay, or interfere with the forester or the forester's agents while they are
engaged in the performance of duties imposed by this part.
802.08. Penalty. Violations of this part of Chapter VII shall
constitute a petty misdemeanor.