HomeMy WebLinkAboutOrdinance 754ORDINANCE NO. 754
BEING AN ORDINANCE RELATING TO THE CONTROL AND
PREVENTION OF TREE DISEASES IN THE CITY OF
COLUHBIA HEIGHTS.
THE CITY OF COLUHBIA HEIGHTS DOES ORDAIN:
Section 1.
Declaration of Policy. The City Council of the City
of Columbia Heights has determired that the health of
the trees within the municipal limits is threatened
by fatal tree diseases. It has further determined
that the loss of 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 the intention of the Council
to prevent the spread of these diseases and this
ordinance is enacted for that purpose.
Section
Powers and Duties Extended. The powers and duties
of the City Forester as set forth in this ordinance
are hereby conferred upon the Park Superintendent.
Section 3.
Section 4.
Section 5.
Duties of the Forester. It is the duty of the
forester to coordinate, under the direction and
control of the Council, at1 activities of the
municipal ity relating to the control and p~'evention
of tree diseases. He shall recommend to the Council
the details of a program for the control of tree
diseases and perform the duties incident to such a
program adopted by the Council.
Tree Disease Program. It is the intention of the
Council of the City of Columbia Heights to conduct a
program of plant pest control pursuant to the
authority granted by Minnesota Statutes 1961, Section
18.O22. This program is directed specifically at
the control and the elimination of tree diseases and
is undertaken at the recommendation of the Commissioner
of Agriculture. The City Forester shall act as
coordinator between the Commissioner of Agriculture
and the Council in the conduct of this program.
Nuisances Declared.
Subd. I. The following things are public nuisances
whenever they may be found within the City of
Columbia Heights:
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Section 6.
(a) Any living or dead elm tree or part thereof
as defined in Ordinance No. 688.
lb) Any living or standing Oak tree or part thereof
infected to any degree with the Oak Wilt Disease
fungus Ceratocyrstris Fagacearum.
(c) Any dead Oak tree or part thereof including
legs, branches, stumps, firewood, or other Oak
material which has not been removed and burned or
sprayed with an effective Oak Wilt insecticide.
(d) Any other living or standing tree or part
thereof infected to any degree with tree disease
as determined by the City Forester under the
direction of the Council.
(e) Any diseased, dead tree or part thereof
including legs, branches, stumps, firewood, or
other wooden material which has not been removed
and burned or sprayed with an effective insecticide
as determined by the City Forester under the
direction of the Council.
Subd. 2. Abatement. It is unlawful for any person
to permit any public nuisance as defined in Subd.
to remain on any premises owned or controlled by
him within the City of Columbia Heights. Such
nuisances may be abated in the manner prescribed
by this ordinance.
Inspection and Investigation.
Subd. l. Annual Inspection. The Forester shall
inspect all premises and places within the City
as often as practicable to determine whether any
condition described in Section 5of this ordinance
exsts thereon. He shall investigate all reported
incidents of diseased trees.
(a) If the Forester finds that the danger of
infestation of other trees is not imminent because
of dormancy, he shall make a written report of his
findings to the Counc~1 which shall proceed by
(1) abating the nuisance as a public improvement
under Minneeota Statutes Ch. 429 or (2) abating
the nuisance as provided in Subd. 2 of this Section.
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(b) tf the Forester finds that the danger of
infestation of other trees is imminer~t, he shall
notify the abutti~ng property owner by certified
mail that nuisance will be abated within a specified
t~me, not less than five days from the date of
mailing of such notice. The Forester shall
immediately report such action to the Council,
and after expiration of the time limited by the
notice, he may abate the nuisance.
Subd. 2. Upon receipt of the Forester's report
required by Subd. I (a), the Council may by a
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 the 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 cost of abatement,
and the proposed basis of assessment, if any, of
costs. At such hearing or adjournment thereof,
The Council shal! hear property own~s 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. The Forester shall keep a record of the
costs of abatements 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 invotved and the amount chargeable to each.
Subd. 4. On or before September I 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 ordinance.
The Council may then spread the charges or any
po~t~on thereof against the property involved as
a specia! assessment under Minnesota Statutes
Section 429.101 and other pertinent statutes for
certification to the County Auditor and collection
the following year along the current taxes.
Section 9. Spraying Trees
Subd. 1. Whenever the Forester determines that any
tree or wood within the City is infected with
disease, he may spray all the nearby high value
trees with an effective disease destroying
concentrate. Spraying activities, authorized by
th~s Section shall be conducted in accordance with
the technical and expert opinions and plans of the
Commissioner of Agriculture and under the
supervision of the Commissioner and his agents
whenever possible.
Subd. 2. The notice provisions of Section 8 apply
to spraying operations conducted under this
Section.
Section 10. Transporting Wood Prohibited. tt is unlawful for
any person to transport within the City any diseassd
wood wi~thout having obtained a permit from the
Forester. The Forester shall grant such permits
only when the purposes of this ordinance will be
served thereby.
Section Il. In~rference Prohibited. It is unlawful for any
person to prevent, delay or interfere with the
Forester or his agents while they are engaged in the
performance of duties imposed by this ordinance.
Section 12. Penalty. Any person violating this ordinance shall
be guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed ~300.00 or by
imprisonment for a period not to exceed 90 days,
or both.
Section 13. Sh~Id any section, subdivision, clause or other
pFovision of this ordinance be declared ~y a Court of
Competent Jurisdiction to be invalid, such decision
shall not affect the validity of this ordinance as
a w~le nor any part thereof other than the part so
declared to be invalid.
Section 14. This ordinance shall take effect and be in full
force from and after thirty (30) days after its
passage.
First reading: March 22, 1971
Second reading: April 12, 1971
Offered by: Land
Seconded by: Jeska
Roll Call: All Ayes
ecFeta~'Y to the Council
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