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HomeMy WebLinkAbout113-10 Hazardous and Diseased Trees.docx CITY OF PRIOR LABE ORDINANCE NO. 113-10 AN ORDINANCE AMZNDII� SECTION 602 HA7.AAil()US � AND DISEASED TREES, OF . THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain: Section 1. City Code Section 602 is deleted in its entirety and replaced with a new Section 602 to read as follows: -- 602.100 -Declaration of policy.: A ffidavit of Publication The presence of forest pests and shade tree pests, the presence of diseases and fungi, the loss or ill Southwest Newspapers health of trees, the existence of hazardous trees, the failure to dispose of downed trees and the existence of limbs over streets State of Minnesota and sidewalks substantially � depreciate the value of property �SS. within the City and impair the safety, good order, general welfare County of Scott � and convenience of the public. In addition to and in accordance with Minn. Stat. §§ 89.001, 89.01, and 89.51- .64, the provisions of this section are adopted as an effort to control Laurie A. Hartrnann, being duly swom, on oath says that she is the publisher or the authorized and prevent the spread of these agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- forest pests and shade tree pests, to dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as prevent the spread of diseases and follows: fungi, and to provide for the removal of hazardous and diseased trees. (A) These newspapers have complied with the requirements consrituting qualification as a legal 602.200 Authority. news a er as rovided b Minnesota Statute 331A.02, 331A.07, and other a licable laws, as 602.201 City Manager. The City P P � p Y PP Manager and his or her designee amended. (hereinafter the Ciry Manager and (� his or her designee are collectively (B) The printed public notice that is attached to this Affidavit and identified as No. �`� �d referred to as the "City Manager") was published on the date or dates and in the newspaper stated in the attached Notice and said has the authority to enforce every Norice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of provision of this Section. The the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both City Manager has the authority to inclusive, and is hereby acknowledged as being the kind and size of type used in the composition seek from any court of competent jurisdiction an order directing and publicarion of the Notice: immediate abatement of any public nuisance, hazardous or abcdefgh�jklmnopqrstuvwxyz diseased tree. If the City Manager determines that any nuisance, � hazardous or diseased tree is an ���1 � immediate danger to any person Y� �' �.(ti! or property, the City Manager may Laurie A. Hartmann cause immediate abatement of the nuisance. 602.?A2 Local Pest Control. The City Manager Subscribed and swom before me on shall develop a program plan in compliance with M.S. 18G.13 and the regulations issued pursuant .� thereto, for the identification and this '�I day of �� L� 2013 �ontrol of diseased trees, and shall be responsible for the making and cnaintenance ot' a11 records and JYMME JEANNETTE BARK reports related to the program. Phe City Manager shall act as , "+0'A!�'!' PI;BllC • V�'NNESOTA �oordinator between the State � �/ �`�� ,�; MY COI�MSSIQN EXARES 01131118 "ommissioner of Agriculture and N Public the City in the conduct of this program. 602.203 Investigation and Diagnosis. The City shall employ �r retain suitably qualified �ersons, who shall be certified is a tree inspectors by the State RA �NF�RMAT��N �ommissioner of Agriculture. Che tree inspectors shall inspect Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch �11 premises and places within Maximum rate allowed by law for the above mattet ................................ $31.20 per column inch :he City as often as practicable to ietermine whether any nuisance Rate actuaily charged for the above matter .............................................. $12.59 per column inch �escribed in this Section exists. Che tree inspectors shall investigate �11 reported incidents of nuisance -elated to trees as set forth in :his Section. The tree inspectors ' �hall, upon finding indications �f pests, disease or fungi, take . idditional steps for diagnosis as nay be appropriate, which may nclude analysis of twig samples 'rom actively wilting branches, ;rown dieback or D shaped exit ioles, and/or other field symptoms is acceptable by the Minnesota )epartment of Agriculture. 602.204 Private Property. City �taff and contractors may enter innr wri�.o4e ....nr...n..� F.... ♦1...