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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