HomeMy WebLinkAboutOrdinance 1676ORDINANCE NO. 1676
BEING AN ORDINANCE AMENDING CHAPTER 4, ARTICLE II, OF THE COLUMBIA
HEIGHTS CITY CODE RELATING TO TREE AND WEED SERVICES
The City of Columbia Heights does ordain:
Section 2:
Sections § 4.201, § 4.202 and § 4.203 of the Columbia Heights City Code as they currently
read are amended as follows:
ARTICLE II: TREE AND WEED SERVICES
Section
4.201 Removal of diseased, dead or hazardous trees
4.202 Disease control, planting and routine removal
4.203 Weed removal
§ 4.201 REMOVAL OF DISEASED, DEAD OR HAZARDOUS TREES.
(A) Declaration of policy. The health of the trees in the city is threatened by shade tree
pests, and the loss or ill health of trees growing upon public and private property
substantially depreciates the value of property within the city and impairs the safety, good
order, general welfare and convenience of the public. In addition to and in accordance with
M.S. §§ 89.001, 89.01, and 89.51-64, as they may be amended from time to time, the
provisions of this section are adopted as an effort to control and prevent the spread of
these shade tree pests.
(B) Declaration of shade tree pest. The Council may by ordinance declare any vertebrate
or invertebrate animal, plant pathogen, or plant in the community threatening to cause
significant damage to a shade tree or community forest, as defined by M.S. § 89.001, as it
may be amended from time to time, to be a shade tree pest and prescribe control measures
to effectively eradicate, control, or manage the shade tree pest, including necessary
timelines for action.
(C) City Forester/Tree Inspector. The Council may appoint a Forester and/or Tree
Inspector to coordinate the activities of the city relating to the control and prevention of
damage by shade tree pests. The Forester and/or Tree Inspector will recommend to the
Council the details of any program for the declaration, control, and prevention of shade tree
pests. The Forester and/or Tree Inspector is authorized to enforce or cause to be enforced
the tasks incident to such a program adopted by the Council. The term "Tree Inspector"
includes person designated by the Council or the Forester to carry out the activities
authorized in this section.
(D) Public nuisances declared. The Forester or their official representative has the
authority toe ter on ❑ private property for inspection purposes. The Fo-resmushadl
inspect all p remi es and 12 laces both 12ublic and p rivatc within the -city Far the 12 resence of
any of the below -described conditions and declare them a public nuisance:
(1) Living or standing elm (Ulm us s112.1 trees or parts thereof which are infected with
the Dutch ehlm disease magus -fungi Gphiostofna ulmi or Ophiostoma novo-ulm���•�w-
91FAi ,Weisman) n oFea,-or which harbors any of the elm bark beetles Scolytus multistriatus
c,.elyt„s n ultis Trutt+ (gi,;hh) or Hy! ut-go ,inits n++r;,- es rn,,,,�1-lvlurgoniraus ru, t es.
(2) Living or standing oak (Quercus spur) trees or parts thereof which are infected with
the 9a4(--oak wWilt Disease disease fungus Bretziella fiagacearum_Csvn. Ceratocvstis
Faaacearurr�
(3) Any living or dead ash (Fraxinus spp.) tree or part thereof infected to any degree
with the insect Emerald Ash Borer, Agrilas.olani.olnrrinenrrisAgi-ikis „lanipeHni--, Fai Maim
(4) Any other living or standing tree or part thereof infected with tree disease as
determined by the Forester or any destructive or communicable disease or insect
infestations.
(5) Any diseased dead tree or part thereof, including limbs, branches, stumps,
firewood, or other oak, elm, ash or wooden material which has not been removed and
burned or otherwise effectively treated so as to destroy and prevent as fully as possible the
spread of communicable disease or insect infestation.
Any dead trees or parts of trees standing or fallen, ncltiding, limbs, branches, and
stumps.
(47) Any tree, limb or shrub that obstructs street lights, view of intersections, traffic
signs, the free passage of pedestrians or vehicles, or a tree or any part thereof that is less
than eight sixteen feet above the surface of the street,, —+� or alley, or less than ten Feet
above a sidewallcor a tree or part thereof that poses an immediate threat to up blEc safety,
or public property, as determined by the Forester.
(F-E) It is unlawful for any person to permit any public nuisance as defined herein on any
premises owned or controlled by 4 tliem within the city. Such nuisances shall be abated
in the manner prescribed by this section.
(4I.:) Inspections and application of control measures.
(1) The Forester or his -their official representative may enter upon private premises at
reasonable times and reasonable hours for the purpose of carrying out any of the duties
assigned to them under this chapter.
(2) All premises and places within the city shall be inspected as often as practicable to
determine whether any condition declared in this section to be a public nuisance, exists
thereon. All reported incidents of infection by Dutch e-91m fungi u �,, the presence of elm
bark beetles, of infection by the oGak wWilt fungus or the presence of Emerald Ash Borer
shall be promptly investigated. Diagnosis may be by the presence of commonly recognized
symptoms, by tests as may be recommended by the commissioner of the Minnesota
Department of Agriculture or the commissioner of the Minnesota Department of Natural
Resources, or other reliable means.
(3) No person, firm, or corporation shall interfere with the Forester JTree Inspector or
with anyone acting under the Forester ITree Inspector's authority while engaged in
activities authorized by this section.
(-W]) Abatement of shade tree pest nuisances. In abating a nuisance, defined by
ordinance herein, the organism, condition, plant, tree, wood, or material identified as
injurious to the health of shade trees shall be removed or effectively treated so as to
destroy and prevent as fully as possible the spread of the shade tree pest. Such abatement
procedures shall be carried out in accordance with the control measures and areas
prescribed herein.
(fl) Reporting discovery of shade tree pest. Any owner or occupier of land or any
person engaged in tree trimming or removal who becomes aware of the existence of a
public nuisance caused by a shade tree pest as defined herein, shall report the same to the
city.
(11) Registration of tree care firms. Any person, firm, or corporation that provides tree
care, tree trimming, or removal of trees, limbs, branches, brush, or shrubs for hire must be
registered with the Minnesota Commissioner of Agriculture under M.S. § 18G.07, as it may
be amended from time to time and must also be liceiised by the City on an annualbasis-.
(K) Standard abatement procedure. Except as provided herein, whenever a
Forester Tree Inspector determines with reasonable certainty that a public nuisance, as
described by this section is being maintained or exists on premises in the city, the wee
h4SpeetofForester is authorized to abate a public nuisance according to the procedures in
this division.
(1) The nuisance shall he clearly physically marked by the Forester wherever possible.
The Forester will notify in writing the owner of record or occupant of the premises that a
public nuisance exists and order that the nuisance be terminated or abated. _The notice
may be given in person or by mail. Failure of any party to receive the mail does not
invalidate the service of the notice. A copy of the notice shall be filed with the City Clerk.
The notice shall require abatement of all identified PUblit'__jig _ sauces and sliall clearly state
the time by which the abatement must be completed.
(2) Tlie natifleatien shall require abateP; P_ 14 t- A- F -9 11 C_- h G Ondition within 20 days f�am the
Edate of the mailing of the Rotice.
(Z-3) Abatement procedures shall be carried out in accordance with the current
technical and expert methods and plans as may be designated by the Commissioner of
Agriculture of the State of Minnesota or by the Commissioner of Natural Resources of the
State of Minnesota.
(a) The notice of abatement shall state that unless the public nuisance is abated by
the owner, it will be abated by the city at the expense of the owner. The notice shall specify
the control measures to be taken to abate the nuisance, and provide a reasonable amount
of time to abate the nuisance. The notice will also state that the owner has the right to
appeal the determination that a public nuisance exists by submitting a request in writing to
the City Clerk prior to the expiration of the date by which the nuisance must be abated as
set forth in the notice.
(b) If no timely appeal is submitted, and the control measures prescribed in the
notice of abatement are not complied with within the time provided by the notice or any
additional time granted, the Forester or designated person shall have the authority to
obtain permission or an administrative search warrant, enter the property, and carry out
abatement in accordance with the notice of abatement.
(3) Limbs or parts of trees or shrubs encroaching upan_the public right of way, sigma
lights, or otherwise obstructing or interfering with public infi,astructure and its intended
uses, may be removed or abated by City staff or contractors dur'sng_r�e_gularl, scheduled tree
maintenance activities without first providing notice to tht tree owner.
(LK) High -cost abatement. If the Tree Inspector determines that the cost of abating a
nuisance will exceed $5,000 based on a reasonable, good faith estimate, the written notice
referred to in division (K) must provide that if the nuisance is not abated within the
reasonable amount of time provided, the matter will be referred to the City Council for a
hearing. The date, time, and location of the hearing must be provided in the notice.
(4.12) Appeal procedure. If the City Clerk receives a written request for a hearing on the
question of whether a public nuisance exists, prior to the expiration of the date by which
the nuisance must be abated as set forth in the notice, the City Council shall hold a
hearing. At least three days notice of the hearing shall be given to the individual who made
the written request for the hearing. The Council may modify the abatement notice or
extend the time by which abatement must be completed. Each owner, agent of the owner,
occupant, and lien holder of the subject property of properties in attendance, if any, shall be
given the opportunity to present evidence at the hearing. After holding the hearing, the
City Council may issue an order requiring abatement of the nuisance.
(NM) Abatement procedure in event of imminent danger.
(1) If the Forester Tree Inspector determines that the danger of infestation to other
shade trees, or danger to public safety or infrastructure is imminent„ and delay in control
measures may put public health, safety, or welfare in immediate danger, the Forester Tree
Inspector may provide for abatement without following the procedures described
herein. The Tree Inspector must reasonably attempt to notify the owner or occupant of the
affected property of the intended action and the right to appeal the abatement and any cost
recovery at the next regularly scheduled City Council meeting.
(2) Nothing in this section shall prevent the city, without notice or other process, from
immediately abating any condition that poses an imminent and serious hazard to human
life or safety.
(4-) �;) Recovery of cost of abatement; liability and assessment.
(1) The owner of premises on which a nuisance has been abated by the city shall be
personally liable for the cost to the city of the abatement, including administrative costs. As
soon as the work has been completed and the cost determined, the City Clerk or other
official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount
shall be immediately due and payable at the office of the City Clerk.
(2) After notice and hearing, as provided in M.S. § 429.061, which maybe amended
from time to time, the City Clerk shall, on or before September 1 next following abatement
of the nuisance, list the total unpaid charges as well as other charges for current services to
be assessed under M.S. § 429.101, as it may be amended from time to time, against each
separate lot or parcel to which the charges are attributable. The City Council may then
certify the charges against the property to the County Auditor for collection along with
current taxes the following year or in annual installments as the city may determine in each
case.
(F0) Penalty.
(1) Any person, firm, or corporation that violates any provision of this section shall,
upon conviction, be guilty of a misdemeanor. The penalty, which may be imposed for any
crime that is a misdemeanor under this section, including Minnesota Statutes specifically
adopted by reference, shall be a sentence of not more than 90 days, or a fine of not more
than $1,000 or both.
(2) Upon conviction of a misdemeanor, the costs of prosecution may be added. A
separate offense shall be deemed committed upon each day during which a violation occurs
or continues.
(3) The failure of any officer or employee of the city to perform any official duty
imposed by this section shall not subject the officer or employee to the penalty imposed for
a violation.
(4) In addition to any penalties provided for in this section, if any person, firm, or
corporation fails to comply with any provision of this section, the City Council or any
official designated by it may institute appropriate proceedings at law or equity to restrain,
correct, or abate the violation.
('77 Code, § 4.201) (Am. Ord. 1248, passed 7-13-92; Am. Ord. 1579, passed 4-12-10)
§ 4.202 DISEASE CONTROL, PLANTING AND ROUTINE REMOVAL.
(A) Whenever the Forester determines that any tree or wood within the city is infected
with disease, 4e-thev may use appropriate disease control methods on all the nearby high
value trees, in accordance with methods and procedures prescribed by the Commissioner
of Agriculture of the State of Minnesota or the Commissioner of Natural Resources of the
State of Minnesota. Notice shall be provided under this section in the manner prescribed
for abatement.
(B) The Forester shall maintain trees on public streets, parks, boulevards and other
public properties to facilitate the safe passage of pedestrian and vehicular traffic.
(C) No person shall plant, remove, cut above the ground, or disturb any tree on any
public place without first obtaining written permission from the City Forester. The City
Forester shall consider all requests by property owners for the planting or routine removal
of public trees in accordance with the following standards:
(1) No more than one tree shall be planted for each 3040 feet of property frontage.
(2) No trees may be planted under or within twenty fives lateral feet of any overhead
utility wire except tree varieties that reach a inature height of 25 feet or less.�N o trees iijay
he planted over or within five lateral feet of any underground water line or gas line, or over
or within five lateral feet of any sewer line, transmission line or other utility.
(3) No trees maybe planted midway between the existing curb and sidewalk without
the approval of the City Forester. In areas where curb and sidewalk do not exist, no tree
maybe planted closer than three feet from the projected curb line.
(4) No tree shall be planted closer than 30 feet of any street corner, measured from the
point of nearest intersecting curbs, or curb lines. No tree shall be planted closer than ten
feet of any fire hydrant.
(5) No person, firm, or city department shall top any public tree. Topping is defined as
the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to
remove the normal canopy and disfigure the tree. Trees severely damaged by storms or
other causes, or certain trees under utility wires or other obstructions where other pruning
practices are impractical may be exempted from this subdivision at the determination of
the City Forester.
(6) No tree stumps shall remain on any property. All stumps of trees shall be removed
or buried to a minimum of E.,,.. inelies bolo °: the level of the surface of the ground
including .. of ...,tension to at least two Feet F.-em the .,utei- ed ; ' SLII'I'oundlil£ the stump.
Residents may request in Writing an exception from the City Forester. The request must
clearly state the reason the exception is being requested. and why allowing the stump to
reniain should be considered. If at anytime thereafter, the stump is found to be a nuisance
the C J ty Forester m ay rescind the exce ti o. n and req wire the removal of the ,trim .
(D) The City Forester shall locate, select and identify any trees which qualify as
"Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the
following criteria: species rarity, old age, association with a historical event or person,
abnormality, or scenic enhancement.
(E) The city shall have the exclusive right to plant, prune, maintain and remove public
trees as may be necessary to ensure public safety or to preserve or enhance the symmetry
and beauty of such public grounds and rights -of -way.
(F) No person except the City Forester, his -their agent, or a contractor hired by the city
may plant, remove, prune, trim, spray or otherwise treat public trees without first
obtaining written permission from the City Forester. The removal of basal suckers, also
called water sprouts, is exempted From this clause. The person obtaining the written
permission shall abide by the standards set forth in this section.
(G) The Gity Tree Board shall have the power to premulgate and enfer-ce FujeS,
(4 G) When the development of private and/or commercial property occurs, the
Planning and Zoning Commission, City Engineer, and City Forester shall review landscaping
plans and may require trees to be planted in any of the streets, parking lots, parks or other
public places abutting lands henceforth developed and/or subdivided.
(i €111) A person, partnership, corporation or other entity who violates or refuses to comply
with any of the provisions of this article, upon conviction thereof, shall be punished as
provided in § 1.999. Each day that a violation exists shall constitute a separate offense. If,
as the result of the violation of any provision of this section, the injury, mutilation or death
of a public tree located on city owned property is caused, the cost of repair of replacement
of such tree, shrub, or other plant shall be borne by the party in violation. The replacement
value of trees and shrubs shall be determined in accordance with the latest revision of "A
Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and
Evergreens," as published by the International Society of Arboriculture.
('77 Code, § 4.202) (Am. Ord. 1248, passed 7-13-92; Am. Ord. 1579, passed 4-12-10)
§ 4.203 WEED REMOVAL.
(A) The weed inspector or delegated assistant may inspect all premises and places
within the city for the presence of weeds, as defined below:
WEEDS. As used in this code shall include:
(a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it maybe amended
from time to time.
(b) Any other uncultivated or uncontrolled weed growth, which have gone or are
about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740,
as it may be amended from time to time.
(c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a
height greater than nine inches. The weed inspector may grant exceptions for wildlife
areas, areas bordering ponds, wildflower areas, ornamental grasses and other such
managed natural landscapes that are a part of an orderly landscape design and comply
with City guidance and requirements.
(d) Such other vegetation as the Council shall, from time to time, designate by
resolution.
(B) The weed inspector or delegated assistant shall notify the affected property owner
that weeds which are on their#& property, must be eradicated, or controlled, in the manner
prescribed by the inspector. Such notice may be posted on the property, served personally,
or may be served by mail.
(1) The notification shall require abatement of the weeds, or other prescribed action,
within four days from the date of mailing of notice.
(2) The notification shall state that the city will take appropriate remedial action to
eradicate or control the weeds upon expiration of said four days, with a charge to the
property owner/property for costs.
(C) For properties for which there have been one or more notices issued within the prior
12-month period, compliance with division (B) shall not be required. For those properties,
the first notice issued within a 12-month period shall contain a general notice that the city
may abate future violations without providing additional specific notice of the violation.
(D) The weed inspector, delegated assistant, or other delegated agent of the city, shall
cause the removal or other prescribed action of any weeds located on public property; or
on private property, upon expiration of the prescribed notice to the owner.
(E) For the purpose of this section, the following definition shall apply.
OWNER. The person who is listed as the contact person on any current rental licensing
application on file with the city, if any, or if none, the person listed as owner by the County
Assessor on the homestead record, or if none, the taxpayer as shown by the records of the
County Assessor.
('77 Code, § 4.203) (Ord. 1511, passed 6-12-06; Am. Ord. 1544, passed 5-12-08; Am. Ord.
1590, passed 5-9-11)
First Reading: April 11, 2022
Offered by: Novitsky
Seconded by: Jacobs
Roll Call: All Ayes
Second Reading: April 25, 2022
Offered by: Buesgens
Seconded by: Novitsky
Roll Call: All Ayes
Date of Passage: April 25, 2022
Z14 e--7 '� _—
May r AmAda Urquez skwa
Attest:
Sara n, ty Clerk
SUMMARY OF ORDINANCE NO. 1676
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE II OF THE COLUMBIA HEIGHTS CITY CODE
RELATING TO TREE AND WEED SERVICES
The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1676 on
April 25, 2022.
The purpose and intent of this ordinance is to amend Sections 1, 2 and 3 of Article II to update
best practices, procedures, and current enforcement regarding disease, pests, and new
challenges facing the urban forest.
This is a summary of Ordinance No. 1676. A copy of the entire text of the Ordinance is available
for public inspection during regular office hours at City Hall, by standard electronic mail, or at
www.columbiaheightsmn.gov.
Attest:
Jmz- 4-e-1 �
S Ion, City Clerk/Council Secretary
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF ANOKA
Karen Nelson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
BSLP Col Hght Frid Life
with the known office of issue being located
in the county of:
ANOKA
with additional circulation in the counties of:
RAMSEY
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 05/06/2022 and the last
insertion being on 05/06/2022.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:�31'Y\
Designated Agent
Subscribed and sworn to or affirmed before
me on 05/06/2022 by Karen Nelson.
Notary Public
MARLENE M MITCHELL
Notary Public
Minnesota
Commission Expires
My
�i
Jan 31, 2025
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$22.00 per column inch
CITY OF
COLUMBIA HEIGHTS
SUMMARY OF
ORDINANCE NO. 1676
AN ORDINANCE AMENDING
CHAPTER 4, ARTICLE II OF
THE COLUMBIA HEIGHTS
CITY CODE RELATING TO
TREE AND WEED SERVICES
The City Council for the City of
Columbia Heights, Minnesota ad-
opted Ordinance No. 1676 on April
25, 2022.
The purpose and intent of this
ordinance is to amend Sections 1,
2 and 3 of Article 11 to update best
practices, procedures, and current
enforcement regarding disease,
pests, and new challenges facing
the urban forest.
This is a summary of Ordinance
No. 1676. A copy of the entire
text of the Ordinance is available
for public inspection during
regular office hours at City Hall,
by standard electronic mail, or at
www.columbiaheightsmn.gov.
Mayor Amada Marquez Simula
Attest:
Sara Ion,
City Clerk/Council Secretary
Published in
The Life
May 6, 2022
1226869
Ad ID 1226869