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HomeMy WebLinkAbout1975-064 Council Ordinancesr1 ORDINANCE NUMBER AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM DISEASE AND OAK WILT DISEASE WITHIN THE CITY OF LINO LAKES. THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES ORDAIN: SECTION I. Nuisances Declared. The following are declared to be public nuisances whenever andwherever they may be found in the City. a) Any standing or living tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh) or Hylurgopinus Rufipes (Marsh). b) Any living or standing e or part thereof infected to any degree with the Oak Wilt desease fungus Ceratoystis Fagacearum. c) Any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and disposed of. SECTION II. Abatement. It is unlawful for any person to permit public nuisance as defined in Section I to remain on any premises owned or controlled by hen within the City of Lino Lakes. Such nuisances may be abated in the manner prescribed by this ordinance. SECTION III. Inspection and Investigation. The City 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 Section I exists thereon. He or she shall investigate all reported incidents of infestation by Oak wilt fungus or Dutch Elm fungus or Elm bark beetles. The person or persons so designated by the Council may enter upon private premises at any reasonable time for the purpose of carrying out the dutiesassigned to him or her under this ordinance. That person or persons shall upon finding conditions indicating Oak wilt or Dutch Elm infestation, immediately have appropriate specimens or samples analyzed by qualified botanists or take such other steps for diagnosis as may be appropriate. SECTION IV. Procedure for Abatement and Removal. Whenever it is found with reasonable certainty that the infestation exists, he or she shall proceed as follows: a) If he or she finds that the danger of infestation of other Oak or Elm trees is not imminent, he or she shall notify the owner of the property on which the nuisance is found by certified mail addressed to the said owner at his or her last known address that the nuisance must be abated within a time specified in the notice, but in no event less than five (5) days from the date of the mailing of said notice. He or she shall immediately report said action to the Council and after the expiration of the time,limited by said notice he or she may proceed to abate the nuisance as herein provided. The cost of that abatement shall be assessed against the owner of the porperty involved, or against the property itself. b) In abating the nuisance, he or she shall cause the infer°ted tree or wood to be sprayed, removed or otherwise effectively treated sous to destroy and prevent as fully as possible the' spread of the infestation. c) Whenever such a person or persons determines that an infes- tation exists he or she may treat all nearby Elm or Oak trees with effective concentrates in accordance with standard techniques and practices. SECTION V. Penalty. Any person found in violation of the ordinance shall be guilty of a misdemeanor. SECTION VI. Effect. This ordinance shall take effect and be in force from and after its passage and publication according to law. ADOPTED BY THE CITY COUNCIL THIS0154DAY OF %%7Au.ch ,19 75 ( s ia/ L t , l iR o �7 f a-b� a 4j 41,44,11"Ma orb. ATTEST: L . Sie v- krdn"" Cr Clerk Published in the Forest Lake Times on the ,;1 %? day of MolvtJ, 19 71. ORDINANCE NO. 64 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM DISEASE AND OAK WILT DISEASE WITHIN THE CITY OF LINO LAKES. THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES ORDAIN: SECTION I. NUISANCES DECLARED. The following are declared to be public nuisances whenever and wherever they may be found in the City. a) Any standing or living tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh) or Hylurgopinus Rufipes (Marsch). b) Any living or standing tree or part thereof infected to any degree with the Oak !Wilt disease fungus Ceratoystis Fagacearum. c) Any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and disposed of. SECTION II. ABATEMENT. It is unlawful for any person to permit public nuisance as defined in Section I to remain on any premises owned or controlled by him within the City of Lino Lakes. Such nuisances may be abated in the manner prescribed by this ordinance. SECTION III. INSPECTION AND INVESTIGANTION. The City Council may designate a person or persons who shall inspect all premises and places within the City as often as preactical or necessary to determine whether any condition described in Section I exists thereon. He or she shall investigate all reported incidents- of infestation by Oak wilt fungus or Dutch Elm Fungus or Elm bark beetles. The person or persons so designated by the Council may enter upon provate premises at any reasonable time for the purpose of carrying out the duties assigned to him or her under this Ordinance. That person or persons shall upon finding conditions indicating Oak Wilt or Dutch Elm infestation, immediately have appropriate specimens or samples analyzed by qualified botanists or take such steps for diagnosis as may be appropriate. SECTION IV. PROCEDURE FOR ABATEMENT AND REMOVAL. Whenever it is found with reasonable certainty that the infestation exists, he or she shall proceed as follows: 33%f -2- a) If he or she finds that the danger of infestation of other Oak or Elm trees is not imminent, he or she shall notify the owner of the property on which the nuisance is found by certified mail addressed to the said owner at his or her last known address that the nuisance must be abated within a time specified in the notice, but in no event less than five (5) days from the date of the mailing of said notice. He or she shall immediately report said action to the Council and after the- expiration of the time limited by said notice he or she may proceed to abate the nuisance as herein provided. The cost of that abate- ment shall be assessed against the owner of the property involved, or against the property itself. b) In abating the nuisance, he or she shall cause the infected tree or wood to be sprayed, removed or otherwise effectively treated_so as to destroy and prevent as fully as possible the spread of the infestation. c) Whenever such a person or persons determines that an infestation exists he or she may treat all nearby Elm or Oak trees with effective concentrates in accordance with standard techniques and practices. SECTION V. PENALTY. Any person found in violation of the Ordinance n ia.1 be guilty of a misdeameanor. SECTION VI. EFFECT. This Ordinance shall take effect and be in force from and after its passage and publication according to law. ADOPTED BY THE CITY COUNCIL TriIS 25th DAY OF MARCH, 1975. /s/ William I. Bohjanen William I. Bohjanen, Mayor ATTEST: Edna L. Sarner Edna L. Sarner, Clerk -Treasurer (CITY SEAL) cal-•1ished in the Forest Lake Times on the 27th day of March, 1975.