The URL can be used to link to this page

Home My WebLink AboutOrdinance 871ORDINANCE NO. 871 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 605 OF THE MUNICIPAL CODE TO INCLUDE EMERALD ASH BORER AS A REGULATED TREE PEST THE CITY OF MOUND5 VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 605 of the Municipal Code by deleting the �t-Fi�}�e;t language and adding the underlined text as follows: CHAPTER 605 SHAD� TREE DISEASE AND PEST CONTROL SECTION: 605.O1: �Sl�ade Tree Disease and Pest Control Program 605.02: Inspection and Investigation 605.03: Nuisances Declared; Abatement 605.04: Abatement Procedures; Assessment of Costs 605.05: Disruption of Root Grafts 605.06: Treating of Trees 605.07: Permit Requirements for Transporting Wood 605.08: Storage of Elm Wood 605.09: Licensing Requirements for Tree Connactors 605.8910: Violation of Provisions 605.01: �bt�Al-'FSHADE TR�E DISEASE AND PEST CONTROL PROGRAM: Subd. 1. Authority: The City Administrator and those agents appointed by the City Administrator (herein refei°red to as "tree inspector") are hereby empowered to conduct a program of �ar��shade n-ee disease and pest control pursuant to authority granted by Minnesota Statutes; �°�*:,,,, , Q.n`'? �� 18G, 89.001, 89.01 and 89.51-.64, includin� the—� elimination of Dutch elm disease fungus, elm bark beetles, oak wilt fungus, emerald ash borer, and other potentiall,y non-native invasive pests and epidemic diseases of trees. Subd. 2. Interference Prohibited: It shall be unlawful for any person to interfere, prevent or delay the authorized parties from discharging their duties pursuant to this Chapter. 605.02: INSPECTION AND INVE5TIGATION: � . Subd. l. Inspection: The tree inspector �shall inspect all premises and places within the City as often as practicable but not less than that required by the State', to determine whether any condition described in subdivision 605.03(1) of this Chapter exists thereon. The C—� ^�'•"�^�°*�-•�*��- °"�" tree inspector ma� investigate all incidents of infestarions by Dutch elm fungus, elm bark beetles, oak wilt fungus, emerald ash borer, or any other non-native invasive pests, epidemic disease� ^� *��°°:� ��a ��^'�or otller factors which are potentially contributory to the spread of tree disease and pests. Subd. 2. Right of Entry: The tree inspector �may enter upon private premises at any reasonable time for the purposes of carrying out any of the duties assigned to the �'�*�� ^�'�,,;�,;°r�-.�*",- tree inspector under this Chapter. 605.03: NUISANCES DECLARED; ABATEMENT: Subd. 1. Nuisances Declared: The following are hereby declared public nuisances whenever they may be found within the City: a. Any living ar standing elm 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 Hylurgo-pinus rufipes (marsh). b. Any dead or dying elm tree, or part thereof, including logs, branches, stumps, firewood ar other elm material from which the bark has not been removed and burned or buried. c. Any living or standing red oak tree1 or part thereof, infected to any degree with the oak wilt fungus Ceratocystis fagacearum. d. Any diseased wood from the red oak group which, by April 1 in any given year, has not been either debarked, burned, buried or split into quarter sections and completely enclosed with a covering (at least 4-mil, if plastic) adequately thick and whole so as to isolate the wood until July 15 of the year immediately following the wilting of the tree from which said wood originated. e. An�living or standing ash tree, or pai�t thereof, infested to any dearee with the emerald ash borer A,�ril��s nlanivenriis b�presence of: 1) larval gallei7es and emerald ash borer larva or larvae; or 2) emerald ash borer adult beetles aud "D"-shaped exit holes. f. Any dead or d�,a ash tree, or part thereof, includin� loQs, branches, stumps, firewood, ar other ash material, to which the bark is sti11 attached that may serve as a breedin� place for emerald ash borer. �g. Other trees with non-native invasive pests, epidemic disease, or other factors which are potentially ��,�;�cont►-ibutory to the spread of such pests and disease. i M.S.A. §18.022, subdivision 9. Subd. 2. Nuisance Declared Unlawful: It is unlawful for any person to permit public nuisances, as herein defined, to remain on any premises owned or controlled by that person within the City. 605.04: ABATEMENT PROCEDURES; ASSESSMENT OF COSTS: Subd. 1. Notice to Abate: Whenever the �'�*�� ^�'n,�^�°}��°r�� r= u��;;�tree inspectoc find that nuisances, as defined in Section 605.03 of this Chapter, exist on any public or private property in the City, they shall notify the property owner on which such nuisances are located, by personal service or by mail, that the nuisances must be abated within �athe SpeClfleC� t11118 be�OW.� „r lo rl� r,� I1 �1\ ,7., f.•„ rl�o ,�.�r,� �f 6�� i�.. �,< i�:��1 �-rrn,ti`°—'�crtc^*c°c "��I; ,ri-rc,�Z�n�cc�'. "�iv�i-'c�c� If mailed notice or personal service cannot be achieved, then notice may be obtained by publishing same in the legal newspaper not less than five (5) days prior to the date that the nuisance must be abated pursuant to the notice. �'� ''* . �°+ "° �""*°'' "" ' ��r� rl.,ro o�t„hl;��ho.7 h., rl�a !`;t., f �.�.+�:1 � • a. Not less than ten (10) days froin the date of service or from the date of �nailin� of such norice for dead or diseased elms. b. Before the date indicated in tl�e �lotice for red oaks infected with oak wilt disease. c. Before the date indicated in the notice but no later than April 15 of the followinQ �� for dead or infested ash n-ees. The tree inspector may order the iimnediate removal of dead or infested ash trees if said reinoval will eliminate the likelihood of an imminent dlreat of spread to other ash nees from late May to early AuQust. Subd. 2. Failure to Abate; Cost Billed to Owner: If the owner shall fail to remove the nuisance(s) from the property described in the notice, the . �,� tree inspector may order the wark to be done, and the cost of said work shall be billed against the owner. Subd. 3. Responsibility for Costs: a. Trees which are diseased pursuant to this Chapter located on City boulevards in public ��-rights-_of-=way will be removed at a cost of fifty percent (50%) to the owner of the abutting property with the City assuming the remaining costs. b. All other materials pursuant to this Chapter are the responsibility of the owner of the abutting property. Subd. 4. Special Assessment: If the owner shall fail to pay the bill, as provided for in subdivisions 1 and 2b hereof, within ninety (90) days, the Council may then assess the amount due, plus interest, plus costs against the property as a special assessment pursuant to Minnesota Statutesi. 1 M.S.A. §429.101. 605.05: DISRUPTION OF ROOT GRAFTS: Whenever a tree is found, which is actually or potentially diseased with any disease covered in this Chapter, the-�it}�-�Eai,��,�°*��'�� ^•' ^�°"' tree inspector may take whatever steps are necessary as recommended by the Commissioner of Agriculture to disrupt all potential root grafts. This disruption shall be performed as soon as possible. The property owner or the person in possession, if different from the owner, on which the trees stand and adjacent property owners or the persons in possession, if different from the owner, if the disruprion procedure extends onto that property, shall be notified by personal service or first class mail that said disruption will be done. 605.06: TREATING OF TREES: Subd. l. Whenever the �'�*�� "��"��*��- ^�- ^^ ��^^� tcee inspector determines that any tree ar wood within the City is infected with shade tree pests or disease-causing organisms pursuant to this Chapter, they may treat all nearby high value trees with the appropriate chemical treatment. Treating activities authorized by this Chapter shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture or other State officials. The provisions of subdivision 605.04(1) of this Chapter apply to treating operations conducted under this provision. Treatment authorized pursuant to this provision shall be considered an emergency activity by the City and an attempt to abate a public nuisance, and the City, the City Administrator and tree inspector�x+�-n��«, shall not be liable for any damages resulting hereunder. Subd. 2. AdLcent property owneis may treat non-diseased and non-infested boulevard trees located in pubic riahts-of-wa �� only after obtainin� a permit froin the City. All treatment of boulevard nees by adjacent �roperty owner must be pei�formed by a licensed tree contractar with possession of a cui�°ent pesticide applicator license issued by the State of Minnesota and perforrned in accordance with methods a�proved b�the Department of A�riculture. 605.07: PERMIT REQUIREMENTS FOR TRANSPORTING WOOD: It is unlawful for any person to transport within the City any bark-bearing wood, pursuant to this Chapter, which is lrnown by the tree inspectorr''�-r-ltl+��i;��°*��^*^�- ^�- n^��r, without first having obtained a permit � from the City ^�'�r��,�°*��*��. The-�=�� '��,�°*��*�� °',��" tree inspector �nav grant such permit only when the purposes of this Chapter will be served thereby. 605.08: STORAGE OF ELM WOOD: The storage or keeping of any elm wood with intact bark is only permitted during the season of dormancy from October 1 to March 15. 605.09: LICENSING REQLTIREMENTS FOR TREE CONTRACTORS: Tree services � private tree contractors shall be performed Linder the direction of an arborist certified by the International Society of Arboriculture (ISA) or forester certified by the Society of Amei�can Foresters and emplo.�y the coi�tractor. Licensing of tree contractors shall be requued for any routine or non-routine tree services performed on public or private property, includinQ but not limited to tree ti7mining t�ee removal tree treatment b��injection or trench methods, and stump rindin� 605.As310: VIOLATION OF PROVISIONS: Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff will have the following summary printed in the official newspaper in lieu of the complete ordinance: On Apri123, 2012, the Mounds View City Council adopted Ordinance 871 that amends Chapter 605 of the Municipal Code to include Emerald Ash Borer as a regulated pest. The ardinance establishes conditions for nuisance declarations, abatement procedures and timelines, and licensing requirements for tree contractors. A printed copy of the ordinance is available for inspection during regular business hours at the Mounds View City Hall and is available on-line at www.ci.mounds-view.mn.us. SECTION 3. This ordinance shall take effect thirty (30) days after the date of its publication. First reading and introduction by the Mounds View City Council on April 9, 2012. Second reading and adoption by the Mounds View City Council on Apri123, 2012. Published in the official City newspaper on Mav 3, 2012. � > 1d�i e Flahe , ATTEST: � ; lt,�'vt�c� �h�C.%�v7'l. James Ericson, City Administrator (SEAL)