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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: - 2 - 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. - 3 - (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 J