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HomeMy WebLinkAbout1987-018 Council Ordinances• CITY OF LINO I:AKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 18 - 87 AN ORDINANCE AMENDING THE LINO TAKES CITY CODE BY AMENDING SECTION 902. TREE DISEASES. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: 1. Nuisances D la d, Section 902.01, Abatement, 902.2, Inspection and Investigation. Section 902.3, Interference Prohibited, Section 902.04 and Procedure for Abatement and Removal, Section 902.05 of the Lino Lakes City Code :is amended 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: (1) Any standing or living tree or part thereof in- fected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Busiman moreau, or which harbors any of the elm bark beetles Scolytus mult- istriatus (Eichh) or Hylurgopinus rifipes (Marsch). And also, any dead elm tree or part thereof including logs, branches, stumps, fire- wood or other elm material from which the hark has not been removed and properly disposed of. (2a) Any living or standing tree or part thereof in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt, fungus Ceratocystis fagacearum. (2b) Also any living or standing tree in the white oak group (white oak, bur oak, swamp white oakk) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems. • • 902.02 Abatement. It is unlawful for any person to permit a public nuisance as defined in 902.01 to remain on any premises owned or controlled by that persopn within the City. Such nuisances may be abated in the manner prescribed by this chapter. 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. The 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/her under this chapter. That person or persons shall, upon finding conditions indicating Oak wilt or Dutch Elm infestation, take such steps for diagnosis as may be appropriate including analysis by a qualified laboratory of twig samples from actively wilting branches. Whenever possible, diagnosis shall be based upopn accepted field symptoms. 902.04 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the City Forester or his/her agents while they are engaged in the performance of duties imposed by this ordinance. 902.05 Procedure for Abatement and Removal. Whenever it is found with reasonable certainty that the infestation exists, he/she shall proceed as follows: If the tree inspector finds that the danger of infestation of other oak or elm trees is not immninent, he/she shall notify the owner of the property on which the nuisance is found by certified mail addressed to the said owner at his/her last known address that the nuisance must be abated within a time specified in the notice, but in no event later than April 15th of the following year. The tree inspector shall immediately report said action to the Council and after the expiration of the time limited by said notice, the tree inspector may proceed to abate the nuisance as herein provided. The cost of such abatement: shall be assessed against the owner of the property involved, or against the property itself. All oak trees within the City diagnosed. as having Oak Wilt should be isolated from neighboring healthy trees of the same species by chemical or mechanical disruption of common root grafts, to prevent the root graft transmission of the Oak Wilt fungus. To control the overland spread of Oak Wilt, the pruning of oaks shall be avoided during the most susceptible months • of May and June. If wounding is unaboidable during this period, as in the aftermath of a storm or when the tree interferes with utility lines, as asphalt -based tree wound desssing shall be applied immediately. Trees of the Red Oak group diagnosed as having Oak Wilt may be girdled as soon as they are detected in order to speed drying and reduce spore production Girdling shat) be done only in areas where a weakened tree will not constitute a hazard to life and/or property should it fall. Trees included in this group are commonly known as Red Oak, Pin Oak, Scarlet, Oak, and Black Oak. To prevent Oak Wilt fungus spore production and control overland spread of this disease, any diseased material of the Red Oak group desired for use as fuel wood or to be salvaged for other purposes, must be debarked or else completely covered by heavy plastic (4 mil or greater) until July 1st. Any branch or other material of the Red Oak group not to be salvaged, shall be disposed of by burning, chipping, or removal to an authorized dump site. The City Forester shall advise accordingly. Stumps of trees of the Red Oak group removed clue to Oak Wilt, shall be completely covered, removed, or debarked to the ground -Tine to eliminate all possibilities of spore formation and overland disase spread. Trees of the White Oak group (ie White Oak, Bur Oak) diagnosed as having Oak Wilt should be isolated by root graft disruption, as previously stated. Diseased materia] originating from such trees will not support spore formation and salvaged material therefore will not require special treatment to control overland disease spread. Standing trees of this group showing symptoms of minor Oak Wilt infection may have such infection successfully removed by selective pruning. The City Forester will advise accordingly. 902.06 Transporting Elm and Oak Wood Prohibited. it is unlawful for any person to transport within the City any bark ---bearing elm or oak wood without having obtained a permit from the City Forester. The City Forester shall grant such permits only when the purposes of this ordinance will be served thereof. 902.07 Penalty. Any person, firm or corporation who violates the conditions of this ordinance is guilty of a misdeameanor and may be punished by a fine of not to exceed $300.00 or imprisonment for 90 days. TT. The Ordinance shall be effective thirty '(30) days after its passage and publication as required by the City Charter. Passed by the Council of the City of Lino Lakes this 24th day of _August _ ___ _ , 1987. • • yn G. Anderson, Clerk -Treasurer • • on which the nuisance is found by certified mail addressed to the said owner at his/her last known address that the nuisance must be abated within a time specified in the notice, but in no event later than April 15th of the following year. He/she shall immediately report said action to the Council and after the expiration of the time limited by said notice, he/she may proceed to abate the nuisance as herein provided. The cost of such abatement shall be assessed against the owner of the property involved, or against the property itself. All oak trees within the City diagnosed as having Oak Wilt should be isolated from neighboring healthy trees of the same species by chemical or mechanical disruption of common root grafts, to prevent the root graft transmission of the Oak Wilt fungus. To control the overland spread of Oak Wilt, the pruning of oaks shall be avoided during the most susceptible months of May and June. If wounding is unaboidable during this period, as in the aftermath of a storm or when the tree interferes with utility lines, as asphalt -based tree wound desssing shall be applied immediately. Trees of the Red Oak group diagnosed as having Oak Wilt may be girdled as soon as they are detected in order to speed drying and reduce spore production. Girdling shall be done only in areas where a weakened tree will not constitute a hazard to life and/or property should it fall. Trees included in this group are commonly known as Red Oak, Pin Oak, Scarlet Oak, and Black Oak. To prevent Oak Wilt fungus spore production and control overland spread of this disease, any diseased material of the Red Oak group desired for use as fuel wood or to be salvaged for other purposes, must be debarked or else completely covered by heavy plastic (4 mil or greater) until July 1st. Any branch or other material of the Red Oak group not to be salvaged, shall be disposed of by burning, chipping, or removal to an authorized dump site. The City Forester shall advise accordingly. Stumps of trees of the Red Oak group removed due to Oak Wilt, shall be completely covered, removed, or debarked to the ground -line to eliminate all possibilities of spore formation and overland disase spread. Trees of the White Oak group (ie White Oak, Bur Oak) diagnosed as having Oak Wilt should be isolated by root graft disruption, as previously stated. Diseased material originating from such trees will not support spore formation and salvaged material therefore will not require special • • • treatment to control overland disease spread. Standing trees of this group showing symptoms of minor Oak Wilt infection may have such infection successfully removed by selective pruning. The City Forester will advise accordingly. 902.06 Transporting Elm and Oak Wood Prohibited. it is unlawful for any person to transport within the City any bark -bearing elm or oak wood without having obtained a permit from the City Forester. The City Forester shall grant such permits only when the purposes of this ordinance will be served thereof. 902.07 Penalty. Any person, firm or corporation who violates the conditions of this ordinance is guilty of a misdeameanor and may be punished by a fine of not to exceed $2.-0-0 or imprisonment for 90 days. II. The Ordinance shall be effective thirty (30) days after its passage and publication as required by the City Charter. Passed by the Council of the City of Lino Lakes this day of , 1987. Benjamin G. Benson, Mayor Marilyn G. Anderson, Clerk -Treasurer • 902. TREE DISEASES 902.01 Nuisances Declared. The following are declared to be public nuisances whenever and wherever they may be found in the City: (1) Any standing or living tree of 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). (2) Any living or standing tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum. (3) 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. 902.02 Abatement. It is unlawful for any person to permit a public nuisance as defined,in 902.01 to remain on any premises owned or controlled by him within the City. Such nuisances may be abated in the manner pre- scribed by this chapter. 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. He/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 duties assigned to him/her under this chapter. That person or persons shall, upon finding conditions indicating Oak wilt or Dutch Elm infestation, take such steps for diagnosis as may be appropriate including analysis by a qualified laboratory of twig samples from actively wilting branches. Whenever possible, diagnosis shall be based upon accepted field symptoms. 902.04 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the City Forester or his/her agents while they are engaged in the performance of duties imposed by this ordinance. 902.05 Procedure for Abatement and Removal. Whenever it is found with reasonable certainty that the infestation exists, he/she shall proceed as follows: If he/she finds that the danger of infestation of other oak or elm trees is not imminent, he/she shall notify the owner of the property on which the nuisance is found by certified mail addressed to the said owner at his/her last known address that the nuisance must be abated within a time specified in the notice, but in no event later than April 15th of the following year. He/she shall immediately report said action to the council and after the expiration of the time limited by said notice, he/she may proceed to abate the nuisance as herein provided. The cost of such abatement shall be assessed against the owner of the property involved, or against the property itself. All oak trees within the City diagnosed as having Oak Wilt should be isolated from neighboring healthy trees of the same species by chemical or mechanical disruption of common root grafts, to prevent the root graft transmission of the Oak Wilt fungus. To control the overland spread of Oak Wilt, the pruning of oaks shall be avoided during the most susceptible months of May and June. If wounding is unavoidable during this period, as in the aftermath of a storm or when the tree interferes with utility lines, an asphalt -based tree wound dressing shall be applied immediately. Trees of the Red Oak group diagnosed as having Oak Wilt may be girdled as soon as they are detected in order to speed drying and reduce spore production. Girdling shall be done only in areas where a weakened tree will not constitute a hazard to life and/or property should it fall. Trees in- cluded in this group are commonly known as Red Oak, Pin Oak, Scarlet Oak, and Black Oak. To prevent Oak Wilt fungus spore production and control overland spread of this disease, any diseased material of the Red Oak group desired for use as fuel wood or to be salvaged for other purposes, must be debarked or else completely covered by heavy plastic (4 mil or greater) until July 1st. Any branch or other material of the Red Oak group not to be salvaged, shall be disposed of by burning, chipping, or removal to an authorized dump site. The City Forester shall advise accordingly. Stumps of trees of the Red Oak group removed due to Oak Wilt, shall be completely covered, removed, or debarked to the ground -line to eliminate all possibilities of spore formation and overland disease spread. Trees of the White Oak group (ie White Oak, Bur Oak) diagnosed as having Oak Wilt should be isolated by root graft disruption, as previously stated. Diseased material originating from such trees will not support spore formation and salvaged material therefore will not require special treatment to control overland disease spread. Standing trees of this group showing symptoms of minor Oak Wilt infection may have such infection sucessfully removed by selective pruning. The City Forester will advise accordingly. 902.06 Transporting Elm and Oak Wood Prohibited. It is unlawful for any person to transport within the City any bark -bearing elm or oak wood without having obtained a Permit from the City Forester. The City Forester shall grant such permits only when the purposes of this ordinance will be served thereof. 902.07 Penalty. Any person, firm or corporation who violates the conditions of this ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed $300.00 or imprisonment for 90 days. • 902. TREE DISEASES 902.01 Nuisances Declared. The following are declared to be public nuisances whenever and whereever they may be found in the City: (1) Any standing or living tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Busiman) moreau, or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh) or Hylurgopinus rifipes (Marsch). And also, any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material from which the bark has not been re- moved and properly disposed of. (2a) Any living or standing tree of part thereof in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus Ceratocystis fagacearum. (2b) Also any living or standing tree in the white oak group (white oak, bur oak, swamp white oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems. 902.02 Abatement. It is unlawful for any person to permit a public nuisance as defined in 902.01 to remain on any premises owned or controlled by that person within the City. Such nuisances may be abated in the manner pre- scribed by this chapter. 902.03 Inspection and Investigation. The Council may designate a City tree inspector 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 infection by oak wilt fungus or Dutch elm disease fungus or elm bark beetles. 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/her under this chapter. The tree inspector shall, upon finding conditions indicating oak wilt or Dutch elm disease infection, take such steps for diagnosis as may be appropriate including analysis by a qualified laboratory of twig samples from actively wilting branches. When- ever possible, diagnosis shall be based upon accepted field symptoms. 902.04 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the City tree inspector or his/her agents while they are engaged in the performance of duties imposed by this ordinance. 902.05 Procedure for Abatement and Removal. Whenever it is found with reasonable certainty that an oak wilt or Dutch elm disease infection exists, the tree inspector shall proceed as follows: If the tree inspector finds that there is a potential for infection of other oak or elm trees, he/she shall notify the owner �f the property on which the nuisance is found on by certified mail addressed to the said owner at his/her last known address. The tree in- spector will specify on the notice a reasonable date before which the nuisance must be abated, but in no event later than April 15th of the following year. The tree inspector shall immediately report said action to the council and CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinanc- No. 18 - 87 EjJ AN ORDINANCE AMENDIN':G THE L NO LAKES CITY CODE BY AMEND SECTION 902. TREE DISEASES. The City Council of the City of Lino Lakes, Anok. Cou Minnesota does ordain: Inspection and Investigation. S_ction 902.3, I ierference Prohibited, Section 902.04 and P ocedure for Ab.►ement and Removal, Section 902.05 of the Li o Lakes City e is amended to read as f. lows: 902.03 Inspection an. Investi..tion. The cil may designate a person or person who sha inspect all premises and places within the City as ften as .ractical or necessary to determine whether any condiion described 902.01 exists thereon. He/she sh..1 inve tigate all reported incidents of infestation b Oak w t fungus or Dutch Elm fungus or Elm bark beetles. The p rson or persons so designated by the Council may enter u•on p ivate premises at any reasonable time for the purpose of arr'ing out the duties assigned to him/her under this chapte.. hat person or persons shall, upon finding conditions indi.at'ng Oak wilt or Dutch Elm infestation, take such steps diagnosis as may be appropriate including analysis by a qualified laboratory of twig samples from actively wilting branches. Whenever possible, diagnosis shall be based field symptoms. in upopn accepted 902.04 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the City Forester or his/her agents while they are engaged in the performance of duties imposed by this ordinance. 902.05 Procedure for Abatement and Removal. Whenever it is found with reasonable certainty that the infestation exists, he/she shall proceed as follows: If_he/she finds that the danger of infestation of other oak or elm trees is not immninent, he/she shall notify the owner of the property