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HomeMy WebLinkAbout2010-007 Council Ordinances1St 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 reasonable time for the purpose of carrying out the duties assigned to him or her under this chapter. That person or persons shall, upon finding conditions indicating oak wilt, er Dutch elm infestation or emerald ash borer take steps for diagnosis as may be appropriate. Whenever possible, diagnosis shall be based upon accepted field symptoms. Section 3. That Section 902.05, subdivision (1), of the above -entitled ordinance be amended to read as follows: 902.05 PROCEDURE FOR ABATEMENT AND REMOVAL. (1) Whenever it is found with reasonable certainty that the infestation exists, he or she shall proceed as follows. If the tree inspector finds that the danger of infestation of other oak,-er elm or ash trees is net imminent, he or she shall notify the owner of the property on which the nuisance is found by certified mail addressed to the 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 later than April 15 of the following year. The tree inspector shall immediately report the action to the Council and after the expiration of the time limited by the notice, the tree inspector may proceed to abate the nuisance as herein provided. The cost of the abatement shall be assessed against the owner of the property involved or against the property itself. Section 4. That Section 902.05 of the above -entitled ordinance be amended by adding thereto a new subdivision (9) to read as follows: 902.05 PROCEDURE FOR ABATEMENT AND REMOVAL. (9) Ash trees found to be infected with Emerald Ash Borer must be treated and/or disposed of in compliance with all recommendations of the Minnesota Department of Agriculture, and the Minnesota Department of Natural Resources Section 5. That Section 902.06 of the above -entitled ordinance be amended to read as follows: 902.06 TRANSPORTING ELM ,AND ASH. AND OAK WOOD PROHIBITED. It is unlawful for any person to transport within the city any bark -bearing elm, er-oak, or ash wood without having obtained a permit from the city forester. The city forester shall grant the permits only when the purposes of this chapter will be served thereof. Section 6. Effective This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Att-st: Julianne Bart II, City Clerk Adopted by the Lino Lakes City Council this 26 day of Apri,12010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser and upon a vote being taken thereon, the following voted in favor thereof: Gallup, Roeser, Rafferty, O'Donnell, Reinert The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 6C(i) Marty Asleson 4126/10 Consider Second Reading of Ordinance No. 07-10, Amending the City Code, Chapter 902: Tree Diseases, relating to Emerald Ash Borer 3/5 Emerald Ash Borer (EAB) is an invasive, non-native introduced pest that came into the USA from ports in Detroit, Michigan in 2002. Once EAB gets established in a city, all of that city's ash trees will be killed within five to ten years. In preparation for EAB it is suggested that as a first step, the City update its Tree Disease Ordinance to include controls for Emerald Ash Borer. The City Council approved the first reading of Ordinance No. 07-10 on April 12, 2010. Staff is now requesting approval of second reading. Changes made to Chapter 902 are underlined and changes since the first reading are noted in red ink. If second reading is approved, the ordinance will be published and will become effective after 30 days according to the City Charter. RECOMMENDATION Approve second reading of Ordinance 07-10, Amending the City Code, Chapter 902: Tree Diseases, relating to Emerald Ash Borer ATTACHMENTS 1. Ordinance 07-10