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1St Reading: 4/12/2010 Publication: 5/4/201 0 2nd Reading: a /?ti /9n1 n Effective: ti i.1 i,ni n Council Member Gallup ordinance: moved for adoption of the following CITY OF LINO LAKES ORDINANCE NO. 07-10 Amending Title 900, Chapter 902 of the Lino Lakes Code of Ordinances relating to Tree Diseases. The City Council of Lino Lakes ordains: Section 1. That Section 902.01 of the above -entitled ordinance be amended by adding thereto a new subdivision (3) to read as follows: 902.01 NUISANCES DECLARED. The following are declared to be public nuisances whenever and wherever they may be found in the city. (3) All Species and Varieties of Ash trees (trees of the genus Fraxinus) infested with Emerald Ash borer (Agrilusplanipennis Fairmarie), and all species and varieties of Ash trees that are dead or substantially dead, all dead ashwood to which the bark is still attached which because of their condition, may serve as a breeding place for Emerald Ash Borer (Agrilusplanipennis Fairmarie), are hereby declared to be public nuisances and furthermore all ash trees are hereby declared to be public nuisances as determined by (2) or more visual symptoms as listed herein; basal sprouting, bark fissures, woodpecker damage (holes). One-eighth inch (1/8") D shaped holes, presenence of larvae or the adult Emerald Ash borer (Agrilusplanipennis Fairmarie), bark falling off exposing S shaped galleries. Section 2. That Section 902.03 of the above -entitled ordinance be amended to read as follows: 902.03. INSPECTION AND INVESTIGATION. The Council may designate a person or persons who shall inspect all premises and places within the city as often as practical or necessary to determine whether any condition described in § 902.01 exists thereon. The tree inspector shall investigate all reported incidents of infestation by oak wilt fungus or Dutch elm fungus or elm bark beetles or emerald ash borer. The tree inspector so designated by the Council may enter upon private premises at any