HomeMy WebLinkAboutCity Council Ordinance 2008-16CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2008-16
AN ORDINANCE AMENDING CHAPTER XX
OF THE PLYMOUTH CITY CODE
CONCERNING SHADE TREE DISEASE CONTROL
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Section 2020 of the Plymouth City Code is amended as follows:
Section 2020 - Nuisances; Shade Tree Disease and Pest Control
2020.01. Declaration of Policy. The City Council has determined that the health of the Shade
Trees within the city limits is threatened by Shade Tree Diseases and pests. It has further
determined that the loss of Shade Trees 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 the intention of the City Council to control and
prevent the spread of these diseases and pests, and this Section is enacted for that purpose, and to
conform to the policies and procedures embodied in Minnesota Statutes, ChapterSeetiens
' 8."�- ' 089, as amended, and rules promulgated thefeundefthere under.
2020.02. Definitions. For purposes of this Section, the term "Commissioner" means the
Commissioner of the State Department of Agriculture.
2020.03. Forester. Subdivision 1. Position Created. The powers and duties of the City Tree
Inspector as set forth in this Section are hereby conferred upon the Forester. The Forester may
designate a member of the Forestry staff to perform the duties of Tree Inspector.
Subd. 2. Duties of Forester. It is the duty of the Forester to coordinate, under the direction
and control of the City Manager or such other employee as the City Manager shall designate, all
activities of the municipality relating to the control and prevention of Shade Tree Disease. She/he
shall recommend to the City Manager and City Council the details of a program for the control of
Shade Tree Disease, and perform the duties incident to such a program adopted by the Council.
2020.05. Shade Tree Disease Program. It is the intention of the Council of the City of
Plymouth to conduct a Shade Tree Control Program pursuant to the authority granted by Minnesota
Statutes Chapter 18.02318G894-6, as amended. This program is directed specifically at the control
and elimination of Shade Tree Diseases and pests and is undertaken at the recommendation of the
Commissioner, and in conformance with rules promulgated by the Commissioner. The City
Forester shall act as coordinator between the Commissioner and the Council in the conduct of this
program.
2020.07. Shade Tree Diseases. Subdivision 1. Nuisances Declared. The following things are
public nuisances whenever they may be found within the City:
(a) Any living or standing elm tree or part thereof infected to any degree with the Dutch
ehn disease fungus Ophiostoma Nova-Uhni of Ophiostoma Uhni or which harbors any of the elm
bark beetles Scolytus Multistriatus (Eichh.) or Hyluigopinus Rufipes (Marsh).
(b) 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 burned or sprayed with an
effective elm bark beetle insecticide.
(c) Any living or standing oak tree, or part thereof infected to any degree with oak wilt
disease.
(d) Any tree or shrub which in the opinion of the Forester, has become or threatens to
become a hazard so as to adversely affect the public safety, whether such tree or shrub shall be on
public or private property.
(e) Any insect and/or pest that threatens the health of the Shade trees, including but not
limited to, the Gypsy moth, Asian Long -horned beetle, and Emerald Ash borer.
Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as defined
in Subdivision 1 to remain on any premises owned or controlled by that person within City limits.
Such nuisances may be abated in the manner prescribed by this Section.
2020.09. Inspection and Investi ag tion. Subdivision 1. Frequency of Inspection. The Forester
or his/her agents shall inspect all premises and places within the City as often as practicable to
determine whether any condition described in Subsection 2020.07 exists thereon. She/he shall
investigate all reported incidents of infestation by Dutch elm fungus, elm bark beetles or oak wilt, or
other Shade Tree Diseases and pests or hazardous trees and shrubs.
Subd. 2. Entry on Private Premises. The Forester or his/her duly authorized agents may
enter upon private premises at any reasonable time for the purpose of carrying out any of the duties
assigned him/her under this Section. Such inspections shall be preceded by a legal notice published
once annually in the City's legal newspaper informing all property owners within the City to destroy
and dispose of tree materials declared a nuisance by Section 2020.07.
Subd. 3. Diagnosis. The Tree Inspector shall identify diseased trees according to generally
accepted field diagnosis procedures such as wilting, yellowing of leaves and/or staining of cambial
wood under tree bark. Confirmation of field diagnosis, when ordered by the Forester shall be
completed by a Tree Disease laboratory approved by the Minnesota State Department of
A�Oeuhtu-e-Natural. Resources. The Tree Inspector shall assess potential hazardous trees according
to the guidelines as established by the 4. 4in eset P41 . USDA Forest Service in "" a„wafd T
Manuullirban Tree Risk Management.” A hazard tree is a tree with a mechanical defect that is
likely to cause a tree, or a part thereof, to fail and said failure has the potential to adversely affect a
target. A "target" includes, but is not limited to, people, vehicles, buildings, and property, etc.
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Trees without targets are not considered hazards even if they are likely to fail and can be considered
beneficial in habitat protection.
2020.11. Abatement of Shade Tree Disease Nuisances. In abating the nuisances defined in
this Section, the Forester shall cause the infected tree, shrub or wood to be removed, burned,
debarked, trenched or otherwise effectively treated so as to destroy and prevent as fully as possible
the spread of disease and pests. Such abatement procedures shall be carried out in accordance with
current technical and expert opinions and procedures as may be established by the Commissioner of
Agriculture.
2020.13. Procedure for Removal of Infected Trees and Wood. Subdivision 1. Findings.
Whenever the Tree Inspector finds with reasonable certainty that the infestation defined in this
Section exists in any tree, shrub or wood in any public or private place in the City, he/she shall
proceed as follows: If the Forester finds that danger of infestation of other trees is imminent, or a
potentially hazardous condition is identified, he/she shall notify the property owner by eertl mail
and by leaving a notice on the property that the nuisance will be abated within a specified time, not
more than 20 (twenty) days from the date of mailing of such notice. After the expiration of the time
limited by the notice, the City may abate the nuisance, the costs of which will be assessed against
the benefiting property as provided in 2020.13, Subd. 3.
Subd. 2. Records. The Forester shall keep a record of the costs of abatements ordered under
this Subsection and shall report to the City Council all work done for which assessments are to be
made stating 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
Forester. 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
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. 3., the Council
may then spread the charges or any portion thereof against the property involved as a special
assessment under pertinent State statutes for certification to the County Auditor and collection the
following year along with current taxes.
2020.15. Tree Inspector; Program. The Forester shall conduct the Shade Tree Disease
Control Program in accordance with the rules and regulations of the Commissioner embodied in
AGR 101 120 'Shade Tree Disease Gentfol"MN Statute 89.63 and subsequent amendments thereto.
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2020.19. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere
with the Forester or his/her agents while they are engaged in the performance of duties imposed by
this Section.
SECTION 3. This ordinance shall be effective following its passage and publication.
ADOPTED by the City Council of the City of Plymouth, Minnesota this 10`" day of June,
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A TEST:
andra R. Engdahl, dAy Clerk
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Kel i Slavik, Mayor