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Home My WebLink About107-17 Hazardous and Diseased Trees 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 --~~~~~~~~~_.~~~-~~~~r~~~__~~~_~~~~_~~~~__~~~~~._v~_.~___._____ CITY OF PRIOR LAKE ORDINANCE NO. 107-17 AN ORDINANCE AMENDING SECTION 602 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 602 of the Prior Lake City Code is hereby amended to delete the section in its entirety and to add the following language: SUBSECTIONS: 602.100: 602.200: 602.300: 602.400: 602.500: 602.600: 602.700: 602.800: 602.900: 602.1000: 602.100: 602.200: 602.201 602.202 SECTION 602 HAZARDOUS AND DISEASED TREE ORDINANCE DECLARATION OF POLICY CITY FORESTER EPIDEMIC DISEASE PROGRAM NUISANCES DECLARED INSPECTION AND INVESTIGATION ABATEMENT OF EPIDEMIC TREE DISEASE NUISANCES PROCEDURE FOR REMOVAL OF INFECTED TREES AND WOOD TRANSPORTING ELM WOOD PROHIBITED INTERFERENCE PROHIBITED PENALTY DECLARATION OF POLICY: The City Council has determined that the health of oak trees within the City limits is threatened by fatal disease known as oak wilt. It is further determined that the loss of 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 declared to be the intention of the Council to control and prevent these conditions and this Section is enacted for this purpose. CITY FORESTER: Position Created: The powers and duties of the City Forester as set forth in this Chapter are hereby conferred upon the persons or employees within the City Managers office of the City whom he or she shall deem appropriate. Duties: It is the duty of the Forester to coordinate all activities of the City relating to the control and prevention of oak wilt disease and other epidemic diseases of shade trees and the management and removal of hazardous trees. The Forester shall recommend to the Council the details of a program for the control of said diseases and shall perform the duties incident to such a program. M:\COUNCIL\ORDINANC\2007\1 07-17 ~6iTh'<aillrigr~~ge(p1Jlilees.doc ,-,.,. --~~~"~-~~~~--'-"-~' ~-~~~-~~~=~--"== = Phone 952.447.9800 / Fax 952.447.4245 1 ~~~='~~~--~~-~~_.-._~.- =-~-~-- 602.300: EPIDEMIC DISEASE PROGRAM: It is the intention of the Council to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes, section 18.022, as amended. This program is directed specifically at the control and elimination of oak wilt, and it is undertaken at the recommendation of the Commissioner of Agriculture for the State of Minnesota. The City Forester shall act as coordinator between the Commissioner of Agriculture and the City in the conduct of this program. 602.400: NUISANCES DECLARED: 602.401 Public Nuisances: The following conditions are public nuisances whenever they may be found within the City: (1) Any living or standing oak tree or part thereof infected to any degree with the oak wilt fungus ceratocystis Fagacearum on public or private property. (2) Any dead oak tree or part thereof, which in the opinion of the Forester constitutes a hazard or disease proliferation, including, but not limited to, logs, branches, stumps, roots, firewood or other oak material, which has not been stripped of its bark and burned or sprayed with an effective fungicide on public or private property. (3) Other shade trees with epidemic diseases on public or private property. (4) Any standing or fallen tree deemed hazardous to the public safety and welfare as designated by the City Forester on public or private property. 602.402 Abatement: It is unlawful for any person to permit any public nuisance, as defined in subsection 602.401, to remain on any premises owned or controlled by him within the City. Such nuisances may be abated in the manner prescribed by this Section. 602.403 Violations: Any owner of real estate in the City who is notified of the existence of diseased trees on his property as provided in subsection 602.700(2) must, within twenty (20) days after receipt of said notice, cut down said diseased trees and remove all parts, branches, stumps and brush therefrom from the City, or take said parts, branches, stumps and brush to a place that may be designated from time to time for the disposal of the same in accordance with Minnesota State Statutes 18G.16. 602.500: INSPECTION AND INVESTIGATION: 602.501 InsDection Procedure: The Forester shall investigate all reported incidents of oak wilt and other diseased shade trees and shall inspect all premises and places within the City as often as practicable to determine whether any condition described in subsection 602.400 exists thereon. Such inspection shall be implemented in the following manner: 1. A complete survey of the City shall be made, all trees shall be inspected and all diseased trees shall be marked. M:\CQUNCIL\ORDINANC\2007\107-17 Hazardous and Diseased I rees.doc 2 2. Diseased trees shall be treated, if feasible, and any diseased trees which are not treated shall be removed within twenty (20) days from the date in which they were certified as diseased. 3. Those untreated diseased trees which have not been removed within the twenty (20) day limit shall be cited and, absent and agreement to the contrary with the City, shall be removed either by contract parties or by City employees. The cost of removal shall be assessed against the property in the case of removal at City expense. 602.502 Entry on Public and Private Places: The Forester or his duly authorized agents may enter upon all public and private places at any reasonable time for the purposes of carrying out any of the duties assigned him under this Section. 602.503 Diaanosis: The Forester shall be responsible for diagnosis. The Forester may elect to send appropriate specimens and samples to the Commissioner of Agriculture or to any qualified laboratory for analysis, or take such other steps for diagnosis as may be recommended by the Commissioner. If specimen confirmation is required except as provided in subsection 602.700, no action to remove infected trees or wood shall be taken until positive diagnoses. 602.600: ABATEMENT OF EPIDEMIC TREE DISEASE NUISANCES: In abating the nuisances defined in subsection 602.400, the City Forester shall cause the infected tree or wood to be sprayed, removed, burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases of shade trees, including but not limited to oak wilt disease. To prevent root graft transmission of the diseases, a barrier should be created between diseased and healthy trees by utilizing a systemic fungicide for preventative treatment or by digging a trench thirty inches (30") deep in the soil surrounding the diseased trees. Such abatement procedure shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. 602.700: PROCEDURE FOR REMOVAL OF INFECTED TREES AND WOOD: Whenever the City Forester finds with reasonable certainty that the infestation defined in subsection 602.400 hereof exists in any tree or wood in any public or private place in the City, the following procedure applies: (1) If the Forester finds that the danger of infestation of other oak trees is not imminent because of the dormancy of the infected tree or trees, he shall make a written report of his finding to the City Council which shall proceed by: a) Abating the nuisance as a public improvement under Minnesota Statutes, Chapter 429; or b) Abating the nuisance as provided in subsection (2) hereof. M:\COUNCIL\ORDINANC\2007\107-17 Hazardous and Diseased Trees.doc 3 (2) If the Forester finds that danger of infestation of other oak trees is imminent, he shall notify the abutting property owner by certified mail that the nuisance will be abated by the City or its agent within a specified time, not less than five (5) days from the date of mailing such notice. The Forester shall immediately report such action to the Council and after the expiration of the time limited by the notice, he may abate the nuisance. 602.701 Upon receipt of the Forester's report, described in subsection 602.700, the City Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than four (4) days prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, the action proposed, 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 scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as considered desirable, and the Council shall provide for the doing of the work by day labor or by contract. 602.702 The Forester shall keep a record of the costs of abatements done under this Chapter and shall report monthly all work done to the City Manager or other appropriate officer for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved and the amount assessable to each. 602.703 On or before September 1 st of each year, the Manager shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Section. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes, section 429.101, as amended, and other pertinent Statutes, for certification to the County Auditor and collection the following year along with current taxes. 602.704 In all cases where the removal necessitates assessment, the following conditions apply: (1) The property owner, other than owners who are senior citizens, age sixty five (65) or over or in retirement, shall immediately be charged twenty five percent (25%) of the cost of removal. (2) The balance of the cost shall be assessed against the property subject to an interest rate not to exceed eight percent (8%)on the amount of the unpaid principal. (3) The term of the assessment shall be from one to five (5) years according to the following schedule: Assessment Amount Term $1,000.00 or less 1 year M:\COUNCIL\ORDINANC\2007\107-17 Hazardous and Diseased Trees.doc 4 $1,000.00 or more 5 years (4) Assessments of the property of senior citizens (65 years of age or older) is to be the maximum five (5) year term regardless of amount. 602.800: TRANSPORTING DISEASED WOOD PROHIBITED: It is unlawful for any person to transport on public roads within the City any bark-bearing diseased wood without having obtained permission from the City Forester. Said Forester shall grant such permission only when the purposes of this Section will be served thereby. 602.900: INTERFERENCE PROHIBITED: It is unlawful for any person to prevent, delay or interfere with the Office of the City Forester or its agents while engaged in the performance of duties set forth in this Section. 602.1000: PENAL TV: Any person who violates subsections 602.403, 602.900 and 602.1000 is guilty of a misdemeanor and may be punished by a fine of not to exceed one thousand dollars ($1,000.00) or imprisonment for ninety (90) days. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 3rd day of December, 2007. ATTEST: :J;JJryL M 7!74cr - ayor Published in the Prior Lake American on the 8th day of December, 2007. M:\COUNCIL\ORDINANC\2007\107-17 Hazardous and Diseased Trees.doc 5 CITY OF PRIOR LAKE ORDINANCE NO. 107-17 AN ORDINANCE AMENDING SECTION 602 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 602 ofthe Prior Lake City Code is hereby amended to delete the section in its entirety and to add the following language: SECTION 602 HAZARDOUS AND DISEASED TREE ORDINANCE Subsections: 602.100: Declaration of Policy 602.200: City Forester 602.300: Epidemic Disease Program 602.400: Nuisances Declared 602.500: Inspection and Investigation 602.600: Abatement of Epidemic , Tree Disease Nuisances 602.700: Procedure for Removal of Infected Trees and Wood 602.800: Transporting Elm Wood Prohibited 602.900: Interference Prohibited 602.1000: Penalty 602.100: Declaration Of Policy: The City Council has determined that the health of oak trees within the City limits is threatened by fatal disease known as oak wilt. It is further determined that the loss of 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 declared to be the intention ofthe Council to control and prevent these conditions and this Section is enacted for this purpose. 602.200: City Forester: 602.201 Position Created: The powers and duties of the City Forester as set forth in this Chapter are hereby conferred upon the persons or employees within the City Managers office ofthe City whom he or she shall deem appropriate. 602.202 Duties: It is the duty of the Forester to coordinate all activities ofthe City relating to the control and prevention of oak wilt disease and other epidemic diseases of shade trees and the management and removal of hazardous trees. The Forester shall recommend to the Council the details of a program for the control of said diseases and shall perform the duties incident to such a program. 602.300: Epidemic Disease Program: It is the intention of the Council to conduct a program ofplantpestcontrol pursuant to the authority granted by Minnesota Statutes, section 18.022, as amended. This program is directed specifically at the control and elimination of oak wilt, and it is undertaken at the recommendation of the Commissioner of Agriculture for the State of Minnesota. The City Forester shall act as coordinator between the Commissioner of Agriculture and the City in the conduct of this program. 602.400: Nuisances Declared: 602.401 Public Nuisances: The following conditions are public nuisances whenever they may be found within the City: (1) Any living or standing oak tree or part thereof infected to any degree with the oak wilt fungus ceratocystis Fagacearum on public or private property. (2) Any dead oak tree or part thereof, which in the opinion of the Foresterconstitutesahazardordisease proliferation, including, butnotlimited to, logs, branches, stumps, roots, fIrewood or other oak material, which has not been stripped of its bark and burned or sprayed with an effective . fun~.9,ideoERublic?rp!,ivateproperty. Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee VaIley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has fuIl knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 15- 9? was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abOO,,"WjkImnd~ d.~ Laurie A. Hartmann Subscribed and sworn before me on , -i'/' /"\ VtJ> i .) . _ . / h this () day of./j,Lb.:i~;:it-t2':/,-__; 2007 GWEN M. RADUENZ NOTARY PUBliC - MiNNESOTA My Commission Expires Jan. 31, 2010 :x2/ . L if ,,- -'/lh . ,I ~,', i,{/' 't'. .... '" ~ ,J,..?f/C",'-C/!? /f;ll 7<<-0 Je-~( Notary Public J RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter................................. $40.00 per column inch Rate actually charged for the above matter.............................................. $1 I .89 per column inch