73-6.05 ORD (1973)
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ORDINANCE NO. 6.05
ORDINANCE DECLARING THE DUTCH ELM DISEASE TO BE
A PUBLIC NUISANCE AND PROVIDING FOR ITS ABATEMENT
The Village Council of Elk River ordains:
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Section 1. Definition-nuisance.) All species and varieties of
elm trees (trees of genus Ulmus) infected with the fungus known as the
putch elm disease (ccrto:,totnella UImi) as determined by appropriate
lab. o~a.tOJ;'Y".....'~llaJ.ys.:j.saf'f: hereby declared to be a public nuisance.
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All species and varieties of elm trees that are dead or sub-
stantially dead and all dead elm wood to which the bark is still attached,
which, because of their condition, may serve as a breeding place fur the
European elm bark beetle(Scolytus multistriatus), and the native elm
bark beetle (Hylurgopinus rufipes), or any other carrier of said disease,
are hereby declared to be public nuisances.
Section 2. Enforcing officer.) The superintendent of streets
shall perform the duties set forth in this ordinance and shall enforce
the provisions of this ordinance. He may have such assistance as the
Village Council shall from time to time provide for.
Section 3. Abatement of nuisance by owner of property.) It
shall be unlawful for any owner of any lot or parcel of land in the
Village to permit or maintain on any such lot or parcel of land any
dead elm wood or elm tree which is a public nuisance as defined herein,
and it shall be the duty of the owner of such to promptly remove and
butnanysuch elm tree or dead elm wood under the supervision and
direction of the superintendent of streets.
Section 4. Inspection.) The superintendent of streets is
authorized and empowered to enter upon any lot or parcel of land in
the city at any reasonable hour for the purpose of inspecting any elm
trees or dead elm wood situated thereon and he may remove such specimens
from any such trees as are required for the purposes of the laboratory
analysis referred to. in this ordinance, or to determine whether such
tree because if is dead, or substantially dead, may serve as a breeding
place for any carrier of Dutch elm disease. It shall be unlawful for
any person, firm or corporation to take any action to prevent the
superintendent of streets from entering on any lot or parcel of land
in the city for the purpose of such inspection or to interfere with the
superintendent of streets in the performance of any of his duties pro-
vided for under the provisions of this ordinance.
Section 5. Notice to owner.) If, on laboratory analysis of
specimens removed from any elm tree by the superintendent of streets,
it is determined that such tree is a public nuisance as provided herein,
or if the superintendent of streets determines that any dead, or sub.
stantially dead elm trees, or dead elm wood, is a public nuisance as
provided herein the superintendent of streets shall serve or cause to
be served upon the owner of record of the lot or parcel of land on which
such tree or dead elm wood is located, a written notice requiring such
owner to comply with the provisions of this ordinance. If any person,
firm or corporation upon whom such notice is served, fails, neglects or
refuses to remove and destroy by burning, such elm tree or dead elm wood
within ten days after service of such notice, the superintendent of
streets, may proceed to remove and burn such tree or dead elm wood and
assess the cost thereof against the owner of such lot or parcel of land
and the amount of such cost shall be paid by the owner to the Village.
Service of notice provided for in this ordinance shall be by
personal service if the owner of the lot or parcel of land on which an
infected elm tree is located is a resident of the Village. If such
owner cannot be found in the Village or is a nonresident of said Village,
written notice shall be served by registered mail and by publication
at least once in a newspaper of general circulation in the Village.
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Section 6. Payment of costs.) If the Village removes from any
lot or parcel of land in the Village, any infected, dead or substantially
dead elm tree or dead elm wood, which is a public nuisance as provided
by this ordinance, the assessment of the cost of the work done.by the
Village against the owner of the lot or parcel of land involved shall
be in addition to the penalties imposed herein for any violation or
noncompliance with any provision of this ordinance.
Section 7. Abatement of nuisance by Village.) Any elm tree or
. dead elm wood on property owned by the Village which is a public
nuisance as defined in this ordinance shall be promptly removed and
burned under the supervision of the superintendent of streets at the
expense of the Village.
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Section 8. Penalty.) Any person, firm or corporation violating
any of the provisions of this ordinance by failing, neglecting or refusing
to comply with the provisions of any notice herein provided for, within
ten days after the service thereof, or, who shall resist or obstruct
in carrying out the provisions of this ordinance shall be guilty of a
misdemeanor. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
Adopted by the Council this 6th day of August, 1973.
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PRINTER'S AFFIDAVIT OF PUBLICATION
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(Chapter 134. Laws of 1955)
State of Minnesoro
County of Sherburne
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L. A. Dare, being duly sworn on oath says; that he is, and during
all the times herein stated has been the publisher, editor of the newspaper
known as The Sherburne County Star News, and has full knowledge of the
facts hereinafter stated; that for more than one year prior to the publication
therein of the J(2~,(~r&~.,....,.."..."........,.....................,..,.............,...."..............
.............,.......................................,...........'".................,........"........ hereinafter described, said
newspaper was printed and published in the Village of Elk River. In the
County of Sherburne, State of Minnesota, on Thursday of each week; that
during all said time said newspaper has been printed in the English language
from Its known office of publication within the village from which It purports
to be Issued as above stated and in newspaper format and in column and
sheet form equivalent in space to at least 450 running inches of single
column, two Inches wide; has been Issued once each week from a known
office established in said place of publication and employing skilled workmen
and the necessary material for preparing and printing the same; that the
press work on that part of the newspaper devoted to local news of Interest
to the community It purports to serve has been done in Its known office of
publication: that during all said time in its makeup not less than twenty-five
per cent of its news columns have been devoted to local news of interest to
the community It purports to serve; that during all said time it has not
wholly duplicated any other publication, and has not been entirely made up
of patents, plate matter and advertisements; has been circulated in and
near its said place of publication to the extent of at least two hundred and
forty (240) copies regularly delivered to paying subscribers and has entry
as second class matter in its local post office; that there has been on file
in the office of the County Auditor of Sherburne County, Minnesota, the
affidavit of a person having knowledge of the facts, showing the name and
location of said newspaper and the existence of the conditions constituting its
qualifications as a legal newspaper; and that a copy of each issue has been
filed with the State Historical Society.
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That the .........~.............................,....,,,..........,,...,,.......,........,,...........,..,."
hereto attached was cut from the columns of said newspaper, and was printed
and published in the English language, once each week for .~............ suc-
cessive weeks; that it was first so published on Thursday, the .I..t~....".., day
of ....~......._.............., 197.~""....; .-i tll~IesftQr -.'l'luiIsday of'-eal:h
~,~~tla) ~f ..._........................ ". 16" ....; and
that the following is a printed copy of the lower case alphabet from A to Z,
both inclusive, and is hereby acknowledged as being the size and kind of
type used In the composition and publication of said notice, to wit:
....i.~;~..~\ CHARLES E. DARE
i~.l\lt NOTARY PUBLIC - MINNESOTA
\~. It i' SHERBURNE! COUNTY
~~...~' My Commission Expires JulY 28. 1975