HomeMy WebLinkAboutCity Council Ordinance 1974-17ORDINANCE NO. 74-17
AN ORDINANCE RELATING TO THE CONTROL AND
PREVENTION OF TREE DISEASES
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Amendment of City Code. The City Code is
hereby amerded by adding the following thereto as Section 14 of
Chapter V thereof:
"SECTION 14. DISEASES OF TREES - REGULATION AND CONTROL
14.01. Declaration of Policy. The City Council of
the City of Plymouth has determined that the health of
the trees within the municipal limits is threatened by
tree diseases. It is further determined that the loss
of tre•is growing upon public and private property would
substantially depreciate the value of property within
the city and impair the safety, good order, general
welfare and convenience of the public. It is declared
to be the intention of the Council to control and prevent
the spread of these diseases and this ordinance is
enacted for that purpose.
14.02. Public Nuisances Declared. The following
are public nuisances wherever they may be found within
the City of Plymouth:
(a) Any living or 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 Scol tus Multistriatus
(Eichh.) or Hylurgopinus Rufipes Marsh).
(b) Any dead Elm tree or part thereof including
logs, branches, stumps, firewood or other
Elm material, the bark of which has not
been removed.
(c) Any living or standing oak tree or part
thereof infected to any degree with the
Oak Wilt Disease fungus Ceratocyrstris
Fagacearum.
It is unlawful for any person to permit any public
nuisance as defined in this section to remain on any
premises owned or controlled by him within the City of
Plymouth. Such nuisances shall be abated in the manner
prescribed by this ordinance.
14.03. Inspection, Investigation and Testing. The
City Manager shall cause all premises and places within
the city to be inspected as often as practicable to
determine whether any condition described in Section
14.02 exists thereon, and to have investigated and
tested all reported incidents of such infestation.
14.04. Abatement of Tree Disease Nuisances. In
abating the nuisances defined in Section 14.02, the
infected tree or wood shall be sprayed, removed, or
otherwise effectively treated so as to destroy and pre-
vent as fully as possible the spread of the disease. I
Such abatement procedures shall be carried out in
accordance with current technical and expert opinions I
and plans, and with the approval of appropriate city V
officials. j
14.05. Procedure for Removal of Infected Trees j
and Wood. When it appears with reasonable certainty j
that the infestation defined in Section 14.02 exists 1
in any tree or wood in any public or private place,
the owner shall be notified and ordered to remove the
same in a manner approved by the City Manager. If the
owner fails to comply with the order, the City Manager
may act to abate the nuisance. In the event that the
owner cannot be contacted, the city shall send notice
by certified mail to the last known address of the i
owner of record and shall then proceed forthwith to
abate the nuisance.
14.06. Assessments. Each year the clerk shall
list the total unpaid charges for each abatement against i
each separate lot or parcel to which they are attributable
under this ordinance. The council may then spread the
charges or any portion thereof against the property
involved as a special assessment under Minnesota Statutes
Chapter 429 and other pertinent statutes, for certifica-
tion to the county auditor and collection the following
year along with current taxes.
14.07. Spraying and Pruning Trees. Whenever it is +
determined that any tree or wood within the city is
infested by any disease or insects as described in
Section 14.02, the city may order the owners of all
nearby high value trees to prune and to spray the same
with an effective preventive concentrate in a manner. E
approved by the City Manager. Upon failure to comply
with such an order, the city may proceed forthwith to
take appropriate action. Spraying activities authorized
by this section shall be conducted in accordance with
technical and expert opinions and plans of the Commissioner
of Agriculture, with the approval of appropriate city
officials, and under the supervision of the commissioner
and his agents whenever possible. Notice shall be given
as provided in Section 14.05.
t
14.08. Transporting Certain Types of Wood Prohibited. '
It is unlawful for any person to transport within the i
city any bark -bearing elm wood or wood infested by ;
disease or insects without having obtained a permit from
the City Manager, who shall grant such permits when the
purposes of this ordinance will be satisfied.
14.09. Reporting Discovery of Tree Disease. Any
owner or occupier of land or any person engaged in tree
trimming or removal who becomes aware of the existence 1
of a tree disease as defined in Section 14.02 shall
report the same to the city. y
14.10. Interference Prohibited. City personnel mai
enter upon private premises at any reasonable time to
carry out the purposes of this ordinance. It is unlawful
for any person to prevent, delay or interfere with city
personnel while they are engaged in the performance of
duties imposed by this ordinance."
Section 2. Effective Date. This ordinance shall take
effect upon its passage and publication.
Adopted by the City Council the 5th day of August, 1974.
j
Ike
I
Mayor
ATTEST:
nee
City Clerk
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