ORD 13-11The City Council of the City of Elk River does hereby ordain as follows:
ARTICLE I1. DISEASE TREES
Section 1. That Section 82 -30 of the City of Elk River Code of Ordinances, titled
Definitions, shall be added to read as follows:
Sec. 82 -30 — Definition.
Diseased tree means any diseased or insect- infested tree that poses a threat to other trees in the
community.
Section 2. That Section 82 -31 of the City of Elk River Code of Ordinances, titled
Purpose of Article shall be amended to read as follows:
The city council has found and determined that the health of a variety of trees within the municipal
limits is threatened by fatal diseases or insect- infested trees. They have further found and
determined that the loss of trees growing upon public or private property would substantially
depreciate the value of property within the city and impair the safety, good order, and general
welfare of the public. It is declared to be the intention of the Council to control and prevent the
spread of these diseases and this article is enacted for that purpose.
Section 3. That Section 82 -32 of the City of Elk River Code of Ordinances, titled
Duties of the Adnninistrator shall be amended to read as follows:
It is the duty of the city administrator or designee to coordinate all activities of the city relating to
control and prevention of diseased and insect- infested trees. The city administrator or designee shall
recommend to the Council the details of a program for the control of diseased and insect- infested
trees and perform the duties incident to such a program as adopted by the Council.
Section 4. That Section 82 -33 of the City of Elk River Code of Ordinances, titled
Control Program, shall be amended to read as follows:
It is the intention of the Council to conduct a program of plant pest control. This program is
directed specifically at the control and elimination of any diseased or insect - infested trees. The city
administrator or designee shall act as coordinator between the commissioner of agriculture, when
necessary, and the Council in the conduct of this program.
Section 5. That Section 82 -34 of the City of Elk River Code of Ordinances, titled
Declaration of Nuisance, shall be amended to read as follows:
(4) Any ash tree or part thereof, infected to any degree with the Emerald Ash Borer
(5) Any other tree infected with a disease or insect infestation
Section 6. That Section 82 -35 of the City of Elk River Code of Ordinances, titled
Inspections; right of entry; identification of diseased trees, shall be amended to read as follows:
(a) The city administrator or designee shall inspect all premises and places in the city as often as
deemed appropriate to determine whether any condition described in section 82 -34(a) exists
within the city. The city administrator or designee shall investigate all reported incidents of
infestation by oak wilt fungus, Dutch elm fungus, Dutch ehn bark beetles, Emerald Ash
Borer or any other disease or insect infestation of trees.
(c) The city administrator or designee shall identify diseased or insect infested trees by generally
accepted field symptoms such as wilting, yellowing of leaves or staining of wood, in
accordance with state department of agriculture rules and regulations, AGR 106. Laboratory
confirmation by the state department of agriculture will be used only when it is necessary.
Section 7. That Section 82 -37 of the City of Elk River Code of Ordinances, titled
Treatment or removal of infected trees and wood, shall be amended to read as follows:
In abating the nuisances described in this article, the city administrator or designee 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 oak wilt, Dutch elm disease, Emerald Ash
Borer or any other disease or insect infestation. Such abatement procedures shall be carried out in
accordance with current technical and expert opinions as may be designated by the state
commissioner of agriculture and as approved by other appropriate state agencies.
Section 8. That Section 82 -38 of the City of Elk River Code of Ordinances, titled
Treatment of trees near infected trees, shall be amended to read as follows:
(a) Whenever the city administrator or designee determines that any oak tree, ehn tree, elm
wood, ash tree or any other tree in the city is infected with oak wilt, Dutch elm fungus,
Dutch elm bark beetles, or Emerald Ash Borer the city administrator or designee may spray
or inject all nearby trees likely to be infected with an effective concentrate. Spraying or
injecting activities authorized by this section shall be conducted in accordance with technical
and expert opinions and plans of the state commissioner of agriculture and under the
supervision of the commissioner and agents of the commissioner whenever possible.
Section 9. That Section 82 -39 of the City of Elk River Code of Ordinances, titled
Transporting diseased wood, shall be amended to read as follows:
Loads of diseased or insect infested trees shall be properly secured so that twigs, branches and other
debris are not lost en route.
Section 10. That this ordinance shall take effect upon adoption as provided by law.
Passed and adopted by the City Council of the City of Elk River this 20`h day of May, 2013.
Jj.n J VDetz, Mays.
ATTEST:
Tina Allard, City Cler
ORDINANCE NO.13-11
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
CHAPTER 82-VEGETATION OF THE CITY CODE OF
ORDINANCES
The City Council of the.City of Elk River does hereby ordain
as follows:
ARTICLE II.DISEASE TREES AFFIDAVIT OF PUBLICATION
,on 1.That Section 82-30 of the City of Elk River Code of
Ord,,, ,ices.titled Definitions,shall be added to read as follows:
Sec.82-30-Definition.
Diseased tree means any diseased or insect-infested tree that
poses a threat to other trees in the community. STATE OF MINNESOTA
Section 2.That Section 82-31 of the City of Elk River Code of
Ordinances,titled Purpose of Article shall be amended to read as
follows:
COUNTY OF SHERBURNE ) SS
The city council has found and determined that the health ale
variety of trees within the municipal limits is tbreatened by fatal
diseases or insect-infested trees. They have further found and
deterramed that the loss of trees growing upon public or private
property would substantially depreciate the value of property Jill Donahue, being duly swom on oath says that she is the
within the city and impair the safety,good order,and general
welfare:of the public.It is declared to be the intention of the authorized agent of the Newspaper known as the Star News, and has
Council to control and prevent the spread of these diseases and full knowledge of the facts which are stated below:
this article is omacted for that purpose.
Section 3.That Section 82-32 of the City of Elk River Code of (A) The Newspaper has complied with all of the requirements
Ordinances,titled Duties of the Administrator shall be amended constituting qualifications as a qualified newspaper, as provided by
to read as follows:
It is the duty of the city administrator or designee to coordi- Minnesota Statue 331A.02, 331A.07 and other applicable laws, as
nate all activities of the city relating to control and:prevention of ammended.
diseased and insect infested trees.T'ne city act ministrafor or des
ignee shall recommend to the Council the details of a program for (B) The printed ORDINANCE 13-11, which is attached was cut
the control of diseased and insect-infested trees and perform the from the columns of said newspaper and was printed and published
duties incident to such a program as adopted by Council.
Section 4.That Section 82-33 of the City of Elk River Code of once a week for one week; it was first published on Saturday,the 25th
Ordinances,titled Control Program,shall be amended to read as day of May, 2013, and was therefore printed and published on every
follows: Saturday to and including Saturday,the 25th day of May,2013.
It is the intention of the Council to conduct a program of plant
pest control.This program is directed specifically at the control
and elimination of any diseased or insect infested trees.The city
administrator or designee shall act as coordinator between the
commissioner of agriculture,when necessary,and the Council in f
the conduct of this program. 4
Section 5.That Section 82-34 of the City of Elk River Code of
Or uces,titled Declaration of Nuisance,shall be amended rto
.re'. follows:
(4),Any ash tree or part thereof,infected to any degree with
the'Emerald Ash Borer
(5)Any other-tree infected with a disease or insect infestation.
Section 6.That Section 82-35 of the City of Elk River Code of Business Manager
Ordinances,titled Inspections;right of entry;identification of
diseased trees,shall be amended to read as follows:
(a)The city administrator or designee shall inspect all Subscribed and sworn to before me on
premises and places in the city as often as deemed appropriate to this 25th day of May,2013
determine whether any condition described in section 82-34(a)
exists within the city.The city administrator or designee shall
investigate all reported incidents of infestation by oak wilt
fungus Dutch elan.fungus Dutch elm bark beetles Emerald Ash
Boreror any other disease or insect infestation of trees
(c)The city administrator or designee shall identify diseased rwwv
or insect infested trees by generally accepted field symptoms such
as wilting yellowing of leaves or staining of wood,in accordance
with state department of agriculture rules and regulations,AGR
106.Laboratory confirmation by the state department of ®® IVh6711BS0$�
agriculture will be used only when it is necessary. Commission Expires Jan 37,2017
Section 7. That Section 82-37 of the City of Elk River Code of Notary Public
Ordinances,titled Treatment or removal of infected trees and
wood,'shall be amended to read as follows: .. . . .......... ... ........ .
In abating the nuisances described in this article,the city
administrator or designee shall cause the infected tree or wood to j � INFORMATION
TI®N
be sprayed,removed,burned,or otherwise'effectively treated so
as to destroy and prevent as fully as possible the spread of oak
wil t,Dutch elm disease,Emerald Ash Borer or any other disease (1)Lowest classified rate paid by $21.00
or insect infestation.Such abatement procedures shall be carried
out in accordance with current technical and expert opinions as commercial users for comparable space (line,word or inch rate)
may be designated by the state commissioner of agriculture and
as approved by other appropriate state;agencies. : : $15.50
Section 8.That Section 82-38 of the City of Elk River Code of (2)Maximum rate allowed by law for
Ordinances,titled Treatment oftrees near infected trees,shall be the above matter (line,word or inch rate)
amended to read as follows::
Whenever the city administrator or designee determines (3)Rate actually charged for the above
th, .ry oak tree,elm tree;elm wood;ash tree or any other tree $15.00
in the eltyis infected with oak wilt,Dutch elm fungus,Dutch elm matter
bark beetles,or Emerald Ash Borer the city administrator or (line,word or inch rate)
designee may spray or inject all nearby trees likely to be infected 3398767
with an effective concentrate.Spraying or injecting activities
authorized by this section shall be conducted in accordance with
technical and expert opinions and plans of the state commissioner
of agriculture and under the supervision of the commissioner and
agents of the commissioner whenever possible.
Section 9.That Section 82 39 of the City of Elk River Code of
Ordinances,titled Transporting diseased wood;shall be amended"
to read as follows:
Loads of diseased or insect infested trees shall be properly
secured so that twigs,branches and other debris are not lost en
route.
Section 10. That this ordinance shall take effect upon'
adoption as provided by law.
Passed and adopted by the City Council of the City of Elk'
River this 20th day of May,2013.
John J Dietz,Mayor
A^' EST:
Ti- zllard,City Clerk
May 25,2013