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. `� N ORDINANC@ NO.4S7 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF NORTH ST. PAUL BY ADDING A NEW CHAPTER 138. CONTROL OF DUTCH ELM DISEASE. THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ST. PAUL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the Municipal Code of North St. Paul Is hereby amended by adding a new Chapter 138. Control of Dutch Elm Disease. which shall read as follows: 1113L CONTROL OR DUTCH ELM DISEASE. 138.010, PROGRAM OF PLANT PEST CONTROL. The Village Manager, and those agents appointed by him, are hereby empowered to conduct a program of plant pest control pursuant to authority granted by Minnesota Statutes, Section ls.im. The program Is directed specifically at the control and elimination of Dutch Elm disease fungus and elm bark beetles and other epidemic diseases of shade trees. 138.020. INSPECTION AND INVESTIGATION. The Village Manager, or his agents,: (1) shall Inspect all premises and places within the city as often as prac- ticable to determine whether any condition described In Section 138.Wo of this ordinance exists thereon. He shell Investigate all reported Incidents of Infestation by Dutch Elm fungus or elm bark beetles or any other epidemic diseases of shade trees; (2) may enter upon private promises at any reasonable time for the purpose of carrying out any of the duties assigned them under this ordinance; and (3) shall upon finding conditions Indicating Dutch Elm infestation or other epidemic diseases of shade trees. immediately sand appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Com- missioner. 138.030. NUISANCES DECLARED. The following are hereby declared public nuisances whenever they may be found within the Village: (1) Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus feratocystis Ulntl (Buisman) Moreau or which harbors any of the elm bark beettes Scolytus Multistriatus (Elchh.) or Hylurgopinus Rofipes (Marsh); (2) Any dead Elm treeor part thereof, Including tugs. branches, stumps, firewood or other Elm material from which the bark has not been removed and burned or treated with an effective Elm bark beetle Insecticide; and (3) Other shade trees with epidemic diseases of shade ;. trees. It is unlawful for any person to permit any public nuisance, as herein defined, to remain on any premises Irg[Led by him within the 7the OLE MODAL OF IN- ES AND WOOD. Whenever the Village s agents find with reasonable certainty tion, as defined in Section 138.030., existswood on any public or private place In the Village he shall notify the property owner, and Tne i person in possession if different from the owner, on which such tree or wood stands, by Certified Mail, or i personal service, that the nuisance must be abated i within a specified time, not less than S days from the 1 date of mailing such notice, or from the date of service. 1 If the owner, or occupant, shall fail to remove the in- fected tree or wood from his or her property within the time specified in said notice, the Village Manager may order the work done either by the Village's employees or by contract, and the cost of said work shalt be billed against the OM2C. or 009M T �1X-ff . ASSESSMENT FOR NUISANCE !ABATEMENT. If the owner, or occupant shalt fail to pay the bill, as provided for In Section 138.040, within 30 days. the Council may then assess the amount duo, pl Interest, against the property as a special assessment under . TREATING ELM TREES. Whenever the Village Manager, or his agents, determine that any elm tree or elm wood within the Village Is infected with Dutch Elm fungus. he may treat all nearby high value elm trees with an effective elm bark beetle destroying concentrate. Treating activities authorized by this Section shall be conducted In accordance with technical and expert opinions and plans of the•Commfssioner of Agriculture and under the supervision of the Com- missioner and his agents whenever possible. The notice provisions of Section 138.040 apply to treating operations conducted under this Section. 138.070. TRANSPORTING ELM WOOD PROHIBITED. It is unlawful for any person to tran. sport within the Village any barkbearing elm wood, which Is known by the Village Manager, or his agents, to be Infected or suspected of being infected without having obtained a permit from the Village Manager. The Village Manager shall grant such permits only when the purposes of this Ordinance will be served thereby. 138.080. INTERFERENCE PROHIBITED. it is unlawful for any person to prevent, delay or interfere with the Village Manager, or his agents, while they are engaged In the performance of duties imposed by this Ordinance. in ' Section 2. This ordinance shall be enforced and take effect from and after its adoption and publication as is required by law. Adopted this 7th day of August. 1972. JOHN F. WHISLER, MAYOR Attest: Herman L. Kottke Village Clerk Recommended: Gerald G. Splinter Village Manager Voting: Mayor Whisler Aye Councilmen Buehler - Aye Haukland Aye Hudalla Aye Johnson Aye (Review: August 16, 1972) Clerk's exhibit no -V_ 919 meeting July 23 1570' Original on file under North St. Paul