HomeMy WebLinkAboutOrdinance 688ORDINANCE NO. 688
BEING AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF
DUTCH ELM DISEASE WITHIN THE CITY OF COLUMBIA HEIGHTS.
THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
Section 1. Declaration of Policy_ The City Council of the City of Columbia Heights
has determined that the health of the elm trees 'within the municipal limits is
threatened by a fatal disease known as Dutch elm disease. It has further
determined that the loss of elm 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 council to control and prevent the spread of
this disease and 'this ordinance is enacted for that purpose.
Section 2. Position Created. The powers and duties of the City forester as set
forth in this ordinance are hereby conferred upon the Park Superintendent.
Section 3. 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. He shall recommend to the
council the details of a program for the control of Dutch elm disease, and perform
the duties incident to such a program adopted by the council.
Section 4. Dutch Elm 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 18.022. This program is
directed specifically at the control and elimination of Dutch elm disease fungus
and elm bark beetles and is undertaken at the recommendation of the
missioner of Agriculture. The City forester shall act as coordinator bet~veen
the Commissioner of Agriculture and the council in the conduct of this progra]n.
Section 5. Nuisances Declared.
Subd. 1. The follo~ving things are public nuisances '~vhenever they may be
found ~vithin the City of Columbia Heights:
A. Any ti%ing or standing elm tree or part thereof infected to any degree
~vith the Dutch elm disease fungus Ceratocystis 7Jlmi (Buisman) 1VIoreau
or ~vhich harbors any of the elm bark beetles .Scolytus Multistriatus
(Eichh.) or Hylurgopinus Ruf[pes (IV~arsh).
B. Any dead elm tree or park thereof, including.~legs, branches, stumps,
fire,rood or other elm material from ~vhich the bark has not been removed
and burned or sprayed ~vith an effective elm bark beetle insecticide.
Subd. 2. Abatement. It is unla~vful for any person to permit any public nuisance
as defined in Subd. 1 to remain on any premises o'~vned or controlled by him
~v[thin the City of Columbia Heights. Such nuisances may be abated in the manner
prescribed by th~s ordinance.
Section 6. Inspection and Investigation.
Subd. t. Annual Inspect[on. The forester shall inspect alt premises and places
~vithin the City as often as practicable to determine '~vhether any condition
described in Section 5 of this ordinance exists thereon. He shall invest[gate
all reported incidents of infestation by Dutch elm fungus or elm bark beetles.
Subd. 2. Entry on Private Premises. The forester or his duly authorized agents
may enter upon private premises at any reasonable time for the purpose of carrying
out any of 'the duties assigned him under this ordinance.
Subd. 3. Diagnosis. The forester shall, upon finding conditions indicating
Dutch elm infestation, immediately send appropriate specimens or samples to
the Commissioner Of Agriculture for analysis, or take such other steps for
diagnosis as may be recommended by the Commissioner. Except as provided
in Section 8 no action to remove infected tr, ees or wood shall be taken until
positive diagnosis of [he disease has been made.
Section 7. Abatement of Dutch Elm Disease Nuisances. In abating the nuisances
defined in Section 5, 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 Dutch elm disease fungus and
elm bark beetles. Such abatement procedures shall be carried out in accordance
· with current technical and expert opinions and plans as may be designated by the
O ommis s ioner of Agrfculture.
Section 8. Procedure for Removal of Infected Trees and Wood.
Subd. 1. ~rhenever the forester finds with reasonable certainty that the infestation
defined tn Section $ exists tn any tree or 'wood tn any public or private place [n
the City, he shall proceed as follows:
A. If t'he forester finds that the danger of infestation of other elm trees ts
not imminent because of elm dormancy, he shall make a written report
of his finding to the council which shall proceed by (1) abating the
nuisance as a public improvement under Minnesota Statutes Ch. 429 or
(2) abating ~he nuisance as provided in Subd. 2 of this Section.
B. If the forester finds that danger of infestation of other elm trees is imminent,
he shall notify the abutting property owner by certified mail that the
nuisance will be abated 'within a specified time, not tess than five darts
from the date of mailing of such notice. The forester shall immediately
report such action to the council, and after the 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. 1 (A), the
council may by resolution order the nuisance abated. Before action is taken on
such resolution, the council shall publish notice of its intention to meet to con-
sider 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 the abatement, and the proposed
bases 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 pro3ect. The council shall thereafter adopt a resolution confirm-
ing the original resolution 'with such modifications as it considers desirable and
provide for the doing of the %york 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 involved and the amount chargeable to each.
Subd. 4. On or before September 1 of each year the Clerk shall tiStlthe total
unpaid charges for each abatement against each separate lot or parcel to ~vh[ch
they are attributable under this ordinance. The council may then spread the
charges or any portion thereof against the property involved as a special assess-
ment under Minnesota Statutes Section 429.101 and other pertinent statutes for
certif[cation to the county auditor and collection the following year along 'with
current taxes.
Section 9. Spraying Elm Trees.
Subd. 1. V~rhenever the forester determines that any elm tree or elm wood 'within
the City is infected with Dutch elm fungus, he may spray all nearby high value
elm trees, with an effective elm bark beetle destroying contrate. Spraying
activities authorized by this Section shall be conducted in accordance with
technical and expert opinions and plans of the Commissioner of Agriculture
and under the supervision of the Commissioner and his agents whenever poss.%ble.
Subd. 2. The notice provisions of Section 8 apply to spraying operations con-
ducted under this Section.
Section 10 .....Transporting Elm ¥%rood Prohibited. It is unlawful for any person to
transport 'within the City any bark-bearing elm wood 'without 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 11. Interference Prohibited. It is unla'wful 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 mis-
demeanor and upon conviction shall be punished by fine not to exceed $100.00
or by imprisonment for a period not to exceed 90 days.
Section 13. Should any section, subdivision, clause or other provision of this
ordinance be declared by a Court of competent jurisdict[on to be invalid, such
decision shall not effect the validity of the ordinance as a 'whole nor any part
thereof ct'her than the part so declared to be invalid.
Section t4. This ordinance shall~take effect and be in full force from and after
thirty (30) days after its passage.
First Reading: December 9, 1968
Second Reading: December 30, 1968
Offered B~: Land
Seconded By: King
Roll Call: Ail Ayes.
Secretary to the Council
~,~ruce G. Na'wrocki, Mayor