Ordinance No. 0370 08-21-1967�.
ORDINANCE N0. 370
AN ORDINANCE RELATING 'LY) TE� ('ANTROL AND PBS�ENTION
OF DUTCH F,IM DISEASE WITHIN THE CITSt OF 9RIDLEY
Section 1. The City Council of Fridley ordains:
Section 2. Declaration of Policy. The City Council of Fridley has
determined that the health of the Blm treea xithin tbe muni.cipal limita
is threatened by a fatal disease known as Dutch Elm disease. It has
furiher determined that tbe loss of &lm trees growing upon public and
private property would substantially depreciate the value of property
within th� City and impair the ssfety, good order, general welfare and
conveninnce of the public. It is declared to be the intention of the
Council Co controi and prevent the spread of this disease and this
Ordinance is enacted for that purpoae.
Section 3. Foreater. Subd. 1, Position Created.
Poaition Created. The pow�ers and du*.ies of the City Porester
ae set forth in this ordinance are hereby conferred upon the Park Director.
Sub. 2. Duties of Foreater. It is the duty of the £orester to
coordinate, under the direction and control of tha Co�ncil, all activities
of the mvnir_ipality relating to the control and prevention of Dutch Slm
disease. Ne ehall recommend to the Council the details of a program for
the conttol of Dutch Elm disease, and perfosm the duties incident to such
a pro;ram adopted by the Council.
Section 4, Dutch Elm Diaease Program. Eubd. 1. It ia the intention ot
the Council of Fridley to canduct a program of plant pest control pursuant
to the authority granted by Minnesota Statutes 1961, Section 18.022. This
program is directed specifically at the control and elimination of Duteh
Elm diseaae fungus, elm hark beetles and oak wilt, and is undertaken at
the recommendation of the Commissioner of Agriculture. The city forester
shall act as enordinator between the Commissioner of Agriculture and the
Council in the conduct of this program.
Section 5. Nuisances Declared, Subd. 1. The follouing thinga are
public nuisances whenever they may be found within the City of Fridley:
A. Any living or atanding Slm tree or part thereof infected to
any degree wi�h the Dutch Slm disease fungas c7Pratoc�tis Ulmi (euiaman)
More.au or which harbors any of the elm bark beetles Scolytus Multistriatus
(Eichh.? or HylurgoQinus Rufipes CMarah). •
B. Any dead Elm tree or part thereof, including logs, branches, stumps,
firewood oc other Rlm material from vhich the bark has not been removed and
burned or sprayed with an effective Bim bark beetle i.nsecticide.
Subd. 2. Abater.�ent. It is unlawfu! for any peraon to pesmit any public
nuisance as defined in subdivision l to remain on any premises owned or
controlled by him within the City of Fridley. Such nuisances may be abated
in the manner prescribed by thfa Ordinance.
Section 6. Inacection and Investigation. SubB. 1. Annual InspecYion.
The forester shall inspect all premises and places within the City as often
as practicable to determine whether any condition described in Section 5 of
this Or�inance exists thereon. He shall investigate all reported incidents
of infestation by Durch Elm fungus or elm bark beetlea.
Subd. 2. Sntry on Private Premises. The forester or his duly anthorized
agenta may enter upon private premiaes at any reasonable time for the purpose
of carrying out any of the duties assigned him under this Ordinance,
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Subd. 3. Dia�tnosis, The forester ahall, upon finding condixions indicating
Dutch Blm infestation, immediately send appropriate specimens or samples to the
Comrtiissioner of Agricuiture for analysis, or take such other steps for diagnosYs
as may be recommended by the Commissioner, fixcept as provided in Section 8 no.
action to remove infected trees or wood ahall be r.aken until positive diagnosis
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ORDIPANCB N0. 370 (Continued)
of the disease has been made.
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Section 7. Abatement of Dutah film Disease Nuisances. Subd. 1. In the abatiag
of nuisances defined in Section 5, the forester shall causa the infected tree
or c�ood to be sprayed, removed, burned, or otherwise effectively treated ao
as to deaCroy and preve�t as fully as possible the spreaA of Dutch Blm disease
fungus and elm bark beetles. S�ch abatement proceduces shall be carried out
in accordance with current *echnical and expert oyinions and planz+ as may be
designated by the Commissioner of Agriculture.
Section 8. Procedure for Removal of InEected Trees and Wood. Subd. 1.
Whenever the forester finds with reasonable certainty that the infestation
defined in Section S exists in any tree or wood in any public or private
place in the Cfty, he shall proceed as followa:
A, If the f.orester finds that the danger of infestation of other elm
treee is not imminent because of elm dormancy, he shall natify the abutting
property owner by certified mail that the nuisance wili be abated within a
specified time, not t.ess than five days from the date of mailing such natice.
The forester ahall immediately report such action to the Council, and after
the expiration of the ti� limited by the notice he may abate the nuisance.
If the forester finds with reasonabte certainty that immediate action ia
required to prevent the spread of the disease, he may proceed to abate the
nuisance forthwith, He sAall report such action immediately to the City
Council and to th� owner ef the property where the nuisance is located.
Subd. 2, Upon receipt of the forester's report required by Subd. 1,
part A, the Covncil. shall be resolution order the nuisance ahated. BePore
action i� taken on such resolution, the Council shsll publish notice of its
� intention to meet to consider taking action to abate the nuisance. Thia
notice shall be mailed to affected property owne.rs and pubtished once no
less than one week prior to such meeting. The notice shall state the time
anci place of the meeting, the atreets affeeted, action proposed, the
estimated cost of the abatement, and the proposed bases of assessment, if
any, �P coeta. At such hearing or adjournment thereof, the Council shall
hear property owners with reference to the acope and desirability of the
proposed project. The Council shall tiw reafter adopt a reaolution confirming
the original reaolution with such modifications as it considers desirable and
provide for the doing of the work by day labor or by contract.
Subd. 3. The forester ahall keep e record of the costs of abate�nts
done under this Section and shAll report monthly to the City Clerk all work
done for which assessments are to Ue made atating and certifying the
description of the land, lota, parcels invo2ved and the amovr.t chargeable
to each.
Subd. 4. On or batore 3eptember 1 of each vear the Clerk shell li�t
the total unpaid charges for each abatement against each separate lot or
parcel *.o which they are attributable under this Ordinance. The Council
may then spread the chargPS or an� portion thereof againqt the property
involved as a special assessment under Minnesota Statutes Sec. 429.101 and
other pertinent statutes Eor certification to the County Auditor and
collection !he Eollowing year along with current taxes,
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' Section 9. Spraying Slm Trees. Subd. 1. Whenever the foreater determinea
that any elm trea or elm wood within City is infected with Autch film fun�*,us,
he may spray all nearby high value eln treea, with an effective elm bark
beetlp �iestroying cortcentrate, SprayinQ activit.ies anthoriz�±d by thia Section
shall be condu�r.ed i.n accordance with ter_hni.cal and expert opinions and plana
of the (Jommissioner of Agricul*�ero and under Ghe supervisi.on of the CA�19810RP.T
and his agente whenever possible.
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Subd. 2. The notice provisione of Section 8 apply to spraying
operations conducted i:nder *_his Section.
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ORDINANCB N0. 370 (ConCinued)
3ection t0. Traoeporting Sln+ Wood Yrohibited. Subd, i. It ia unlaFrful
for any person to transport s+ithin the City any bark-bearing elm woc+d
witliout having obtained a permit from the forester. The forester ahall
grant such permits en).y when thp purposes of this ordinance will be
aerved thereby.
Section 11. Interference Prohibited. IL is unlawful for any person to
prevent, delay or interfere with the forester or hie agenta while khey
are engaged in the performance of duties imposed by this ordinance.
Section t2. Penelty. Any person, firm or corporation who violates
Sections 11 or 12 of this Ordinance is guilty of a misdemeanor and may
be punished by a fine of not to exceed g100.00 or imprisonment for 90
days,
Section 13. This ordinance ia effective from and after its passage and
publication.
ADOPIED BY T!� CODRCIL 1HI3 213T OAY OF ADGUST, 1967.
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YOR - JACR 0. KIRKHAM
ATTEST:
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CZTY K- MARV�IN C. BRUNSEI.L �
First Reading: Au4ust 7, 1967
PuAli.shed in Anoka r,ounty Union & Shopper, Inc,
on the 25th day of August, 1967.
Second Reading: _ Aaguat 21, 1967
Corrected Pub2ication: September 1, 1967
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