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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. 2 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. 3 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, K1: A TEST: andra R. Engdahl, dAy Clerk 4 Kel i Slavik, Mayor