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75-6.05 ORD (1973) ORDINANCE NO. 6.05 AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM AND OAK WILT DISEASES WITHIN THE (CITY) OF ELK RIVER The city council of Elk River ordains: Section 1. Declaration of Policy.) The city council of Elk River has determined that the health of elm and oak: trees within the municipal limits is threatened by fatal diseases known as Dutch elm and oak wilt di- seases. It has further determined that the loss of elm and oak: 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 preve~t the spread of these diseases and this ordinance is enacted for that purpose. Section 2. Forester.) Subd. 1. Position Created. The position of forester (tree inspector) is hereby created within the street department of the city. Subd. 2. Duties of Forester. (Tree Inspector) It is the duty of the forester to coordinate, under the direction and control of the counCil, all activities of the municipality relating to the control and prevention ef Dutch elm and oak wilt diseases. He shall recommend to the council the details of a program for the control of Dutch elm and oak wilt diseases, and perform the duties incident to such a program adopted by the council. Section 3. Shade Tree Disease Control Program.) Subd. 1. It is the intention of the council of Elk River to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statues 1974, Section 18.023, as amended. This program is directed specifically at the control of Dutch elm and oak wilt diseases. The city forester shall act asscoorinator between the Commissioner of Agriculture and the council in the conduct of this program. Section 4. Nuisances Declared.) Subd. 1. The following things are public nuisances whenever they may be found within the city of Elk River: A. AnY Ii ving or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (buisman) Moreau or which har~ors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh) or any oak tree infected with oak: wilt fungus, Ceratocystis fagacearum (Bretz), Hunt. B. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been re- moved. C. Any diseased oak tree or parts thereof not treated in accordance with prescribed methods approved by the Commissioner. 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 the person within the city of Elk River. Such nuisances may be abated in the manner prescribed by this ordinance. Section 5. Inspection and Investigation.) Subd. 1. Continuous Inspection. The forester shall inspect all premises and places within the city as often as practicable to dtermine whether any condition described in Section 5 of this ordinance exists thereon and shall investigate all reported incidents of infestation by Dutch elm or oak wilt fungus. Subd. 2. Entry on Private Premises. The forester or his duly auth.... orized agents may enter upon private premises at any reasonalle time for the purpose of carrying out any of the duties assigned him under this ordinance. Subd. 3. Diagnosis. The forester shall, upon finding condi ti ons indicating Dutch elm or oak wilt infestation, immediately send appropriate samples to the S*ate Diagnostic laboratory for ananlysis, or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in Section 8 no action to remove infected trees or wood shall be taken until positive diagnosiS of the disease has been made. Section 6. Abatement of Shade Tree Disease Nuisances.) Subd. 1. In abating the nuisances defined in Section 4, the 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 Dutch elm and oak wilt diseases. Such abatement procedures shall be carried out in accordance 'With methods approved by the Commissioner of Agriculture. Section 7. Procedure for Removal of Infected Trees and Wood.) Subd. 1. Whenever the forester finds with reasonable certainty that the infe~tation defined in Section 4 exists in any tree or wood in any public or private place in the city, he shall proceed as follows: A. If the forester finds that the danger of infestation of other elm and oak trees is not imminent because of elm or oak dormancy, he shall make a written report of his finding to the council which shall proceed by ( 1) abating the nuisance as a public improvement., under Minnesota Statuves Chapter 429 or (2) abating the nuisance as provided in Subd. 2 of this Section. B. If the forester finds that the danger of infestation of other elm or oak trees is imminent, he shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than 2 days from the date of Blailing of such notice. The forester shall immediately report such action to the council, and after the expiration of the time specified by the notice he may proceed to abate the nuisance. Subd. 2. Upon receipt of the forester's report required by Subd. 1, part A, the council shall b:t 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 one week prior to such meeting. The notice shall state the time and place of the meeting, the property affected, action proposed, the est- imated cost of the abatement, and the proposed bases 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 it consider desirable and provide for the doing of the work by day labor or by contract. Subd. 3. The forester shall keep a record of the costs of abate- ments done under this section and shall report monthly to the city clerk (or other appropriate officer) all work done for which assessments are to be made stating and certifying the description of the land, parcels involved and the amount chargeable to each. Subd. 4. On or before September 1 of each year the clerk shall list the total unpaid charges for each abatement against each aepara,1re ',lot or parcel to which they are attributable under this ordinance. The council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Sec. 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes. Section 8. Spraying Elm Trees.) Subd. 1. Whenever the forester determines that any elm tree or elm wood wi thin the city is infected with Dutch elm fungus, he may spray all nearby high value elm trees, with an effective elm bark beetle destroying concentrate. Spraying activities authorized by this Section shall be conduOt.fl~'in acoordance with. teohnioal and and expert opinions and plans of the Commissioner of Agrioulture ana. under the supervision of the Commissioner and his agents whenever possible. Subd. 2. The notioe proviSions of Section 7 apply to spraying operations conduoted under this Section. Section 9. Transporting Elm and Oak Wood Prohibited.) Subd. 1. It is unlawful for any person to transport within the city any bark-bearing elm or oak wood without having obtained a permit from the forester. The forester shall grant such permits in accordance with Approved Removal and Wood Disposal Practices as determined by the Commisssioner. Section 10. Interference Prohibited.) It is unlawful for any person to prevent, delay or interfere with the forester or his agents while they are engaged in the performance of duties imposed by this ordinance. Section 11. Penalty.) Any person, firm or corporation who violates Sections 11 or 12 of this ordinance is guilty of a petty misdemeanor and may be punished by a fine of not to exceed $100.00. Section 12.) This ordinance is effective from and after its passage and publication. Section 13.) This ordinance repeals and supercedes ordinance 6.5 adopted August 6, 1973. Adopted by the Council this 20th day of October, 1975. Mayor Attest: ~_.._-- t~" ~ ','--___:>c Clerk ~. - Published in Sherburne County Star News on the ~ day of October, 1912 PRINTER'S AFFIDAVIT OF PUBLICATION (Chapter 134. La.ws of 1955) State of MinneSOM County of Sherburne } 88. 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 [1 Lt" ' therein of the .........:~....~~......................._..............................................-........... .........................................._............................................................ hereinafter described, sai d 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 sh1eet 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. ' That the ..CJ%..~....._................................................................................... hereto attached was cut from the columns of said newspaper, and was printed ~ .. and publiShed. in the English language, once each week for ............................ sue cessive weeks; that it was first so publiShed on Thursday, the .l..f..~......... day of ....~......_............... 19Z.~.........; aHa th.~.e ..~,,- e~lil:tUldaJ of-eaeh ~ Ineludillg tR9 .. .=:=Ela, ~ ..._..... .................. .... :1:0.. ....; 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: .....:.~~-.~~ CHARLES B. DARE {~Ltj, NOTARY PUBUC - MINN, ESOTA \~. Ii Jl SHERBURNfJ COUNTY ~;S...... 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