HomeMy WebLinkAboutCity Council Ordinance 1981-04ORDINANCE NO. 81-04
AN ORDINANCE AMENDING PLYMOUTH CITY CODE SECTION 2020
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. Section 2020.02, Subdivision 6 is amended to read:
Subd. 6. "Disease Control Area" means the entire City of Plymouth
except those areas annually designated by the Tree Inspector as "no control
zones" pursuant to state statute.
Section 2. Section 2020.09, Subdivision 2 is amended read:
Subd. 2. Entry on Private Premises. The tree inspector or his duly
authorized agents may enter upon private premises at any reasonable time for
the purpose of carrying out the duties assigned to him under this section.
Such inspections shall be preceeded by a legal notice published once annually
in the City's legal newspaper informing all property owners within the city tc
destroy and dispose of tree materials declared a nuisance by Section 2020.07.
Section 3. Section 2020.09, Subdivision 3 is amended to read:
Subd. 3. Diagnosis. The tree inspector shall identify diseased trees
according to general accepted field diagnosis procedures such as wilting,
yellowing of leaves and/or staining of cambial wood under tree bark. Con-
firmation of field diagnosis, when ordered by the Tree Inspector shall be
completed by a Tree Disease laboratory approved by the Minnesota State
Department of Agriculture.
Section 4. Section 2020.11, is amended to read:
2020.11. Abatement of Shade Tree Disease Nuisances. In abating the nui-
sances defined in this Section, the tree inspector shall cause the infected
tree or wood to be removed, burned, or otherwise effectively disposed of so
as to destroy and prevent as fully as possible the spread of disease. Such
abatement procedures shall be carried out in accordance with current tech-
nical and expert opinions and procedures as may be established by the Com-
missioner of Agriculture.
Section S. Section 2020.13 is amended to read:
2020.13. Procedure for Removal of Infected Trees and Wood. Subdivision 1. E
Findings. Whenever the tree inspector finds with reasona 1e certainty that
t e 5- estation defined in Subsection 2020.07 exists in any tree or wood in
any public or private place in the City, he shall proceed as follows:
(a) If the tree inspector finds that the danger of infestation of
other trees is imminent during dormancy, he shall notify the
property owner by certified mail or personal delivery that
such tree(s) are subject to a twenty (20) day time limit for
removal from the postmarked date of the letter. After expira-
tion of the time limit by the notice he may abate the nuisance,
the costs of which will be assessed against the benefiting pro-
perty as provided in 2020.13, Subd. 3.
(h) If the inspector finds that danger of infestation of other trees
is imminent, he shall notify the property owner by certified mail
that the nuisance will be abated within a specified time, not less
than 20 (twenty) days from the date of mailing of such notice. I
After the expiration of the time limited by the notice, he may
abate the nuisance, the costs of which will be assessed against
the benefiting property as provided in 2020.13, Subd. 3.
(c) Trees i^ paragraphs (a) and (b) above shall be considered "high
risk trees," as defined in Minnesota Department of Agriculture
i
Rules and Regulations, effective 8/14/78. j
(d) Any tree or shrub determined to be a public nuisance may be ordered
removed and disposed of, and if on private property, the City may
enter upon such property, remove and dispose of such tree or shrub
and assess the costs thereof against such property as a special
assessment as provided in 2020.13, Subd. 3. `
Subd. 2. Records. The inspector shall keep a record of the costs of
abatements ordered under this Subsection and shall report annually to the !
City Council all work done for which assessments are to be made sating and
certifying the description of the land, lots, parcels involved and the amount
chargeable to each.
Subd. 3. Notice; Hearing. The Council shall publish notice of its
intention to meet to consider the adoption of a special assessment roll in
accordance with the report provided by the Tree Inspector. The notice shall
be mailed to affected property owners and published once no less than one
week prior to such meeting. The notice shall state the time and place of
the meeting, the properties affected, action proposed, and the estimated
cost of the abatement, and the proposed basis of assessment, if any, of
costs. At such hearing or adjournment thereof, the Council shall hear
j property owners with reference to the proposed assessments. The Council
shall thereafter adopt a resolution confirming the original resolution with
such modification as it considers for the levy of special assessments.
Subd. 4. Assessment. Following the public hearing provided for in ?
Subd. 2., the Counc� may then spread the charges or any portion thereof
' against the property involved as a special assessment under Minnesota
11 Statutes Sec. 429.101 and other pertinent statutes for certification to the j
County Auditor and collection the following year along with current taxes. j
Section 6. Section 2020.17 is amended to read: j
2020.17. Transporting Elm Wood Prohibited. It is unlawful for an person
'i to transport a mwoo with barkintact into, or out of, or within the lymouth
!' Disease Control Zone - at any time of the year - unless going to a designated
legal sanitation or utilization site.
Section 7. Section 2020.21 is amended to read:
j 2020.21. Violations. Violation of this section shall be a misddmeanor
punishable by a fine and/or ninety days incarceration.
Section 8. This ordinance shall take effect upon itsassa_e and ublication.;
Adopted by the City Council on the 2nd day
ATTEST:
City Clerk
of March, 1981--f