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Ordinance No. 0481 06-21-1971Ili I .� � � � ��l ORDINANCE NO. 481 AN.ORDINANCE AMENDING-CHAPTER 28 OE THE�:ClTY CODE RELATING TO THE CONTROL AND PREVENTION OF TREE DISEASES THE.CITY.COUNCIL OF�THE CITY OF FRIDIEY DO ORDAIN AS FOLLOWS: .. Chapter 28 of the Fridley�City Code is hereby amended to read as follows: 28.01 The City Council o£ Fridley has determined that the health of the trees within the municipal limits is threatened . . by fatal tree diseases. It is further determined�that the loss of 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 prevent the spread of tree diseases and this ordinance is�enacted . £or that purpose. � 28.02 Subd. 1. The powers and duties o£ the City Forester a� set forth in this ordinance are hereby conferred upon the Park Director. ' Subd. 2. It is the duty of the Forester to coardinate, under the direction and control of the Council, all activities of the municipality relating to the control and prevention of tree diseases. He shall recommend to the Council the details of a program for the control o£ tree diseases, and perform the duties incident to such a program adopted-by the Council. 28.03. .It is�the intention of the Council�.of Fridley to conduct a program af plant pest control pursuant to the authority granted by Minnesota 5tatutes 1961, Section 18.022. This program is directed specifically at the control and elimination of tree diseases, and is undertaken at the recommendation�of the Com- missioner of Agriculture. The City Forester shall act as coordi- nator between the Commissioner of Agriculture and the Council in the. conduct of this program. 28.04. Subd. 1. The following things are public nuisances whenever they may be found within the City of Fridley. �� - (a) Any living.or standing Elm tree.or.part thereof: infected to any degree with the Dutch Elm disease fungus Cera- tocystis Ulmi (BUisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.)��or.Hylurgopinus Rufipes (March). � .(b) Any dead Elm.tree or part thereof, including logs, � branches, stumps, firewood or other Elm material from which the bark has not been removed and burned or sprayed with an effective Elm bark beet].e insecticide. DECLARATION OF POLICY FORESTER POSITION CREATED DUTIES PROGRAM NUISANCES DECLARED i 3 68 ORDINANCE.NO. 481 CONTINUED (c) Any living or standing Oak tree or part thereof infected to any degree with the�0ak Wilt disease fungus Cera- tocyrstris Fagacearum. . .. (d) Any dead Oak tree or part-thereof including logs, branches, stumps, firewood, or other Oak material which has not been removed and burned or sprayed with an effective Oak Wilt insecticide. �e) Any other living or standing tree or part thereof infected to any degree with tree disease as determined by the City Forester. . (f) Any diseased, dead�tree or part thereof including logs, branches, stumps, firewood, or other wooden material which has not been removed and burned or sprayed with an effective � insecticide as determined by the City Forester. �. .. Subd. 2. It is unlawful for�any person to permit 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��is the manner prescribed�by this Ordinance. PAGE 2 ABATEMENT � 28.05.. Subd.�. 1. Annual Inspection.. The Forester shall.�inspect INSPECTION &� all premises and places within the City as often as practicable . INVESTIGATION to determine whether any condition described in 28.04 of this � Ordinance exists thereon. He shall investigate all reported .- incidents of diseased trees. - � Subd. 2. The Forester or his duly authorized agents. .�ENTRY ON.PRIVATE may enter upon private premises at any reasonable time for the �� PREMISES purpose of carrying out any of the�duti.es assigned him under this.Ordinance. � � . Subd.�3. The Forester shali,. upon finding.conditions ...DIAGNOSIS indicatinq disease infestation, immediately��send appropriate , specimens or samples to the Commissioner of Agriculture for � analysis, or take such other steps for diagnosis as may be . . recommended by the Commissioner. Except as provided in 28.07, no action to remove infected trees or wood shall be.taken until positive diagnosis of the disease has been made. �- 28.06. Sn abatinq the nuisances defined-in 28_04, the Forester ABATEMENT OF shall cause the infected tree or wood to be sprayed, removed, . TREE DISEASE burned, or otherwise effectively treated so�as to destroy and - NUISANCES prevent as fully as possible the spread��of tree diseases. Such abatement procedures shall be carried out in accordance with � current technical.and expert opinions and.plans as may be � designated hy the�Commissioner oi.Agriculture. � I g � � l__J ' ORDINANCE. NO. 4S1 CONTINUED PAGE 3 �� � 28.07. Subd. l�. Whenever the Forester f.inds with reasonable PRC7CEDURES FOR certainty that the infestation defined in 28.04 exists in any REMOVAL OF INFECTED tree or wood in any public or private place in the City, he TREES AND WOOD shall proceed as follows: (a) If the Forester finds that the danger of infesta- tion of other trees is not imminent because of dormancy, he shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than five days from the date of mailing of such notice. The Forester shall immediately report such action to the Council, and after the expiration of the time limited by the notice he may abate the nuisance, by: (1) Abating the nuisance as a public improvement under Minnesota Statutes, Chapter 429.101, or (2) Abating the nuisance as prouided in this Sub- division. If the Forester finds.with reasonable certainty that immediate action is required.to.prevent the spread of the disease, he may proceed.to abate the nuisance.forthwith. He shall report such action.immedia'tely to the��City Council and to the owner of the property where the nuisance is located. Subd. 2. Upon receipt of the Forester's report required by Subd. l, Part.A, the Council shall by 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 streets affected, action proposed, the estimated cost of the abatement, and the proposed bases of assess- ment, 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 considers desirable and provide for the doing of the work by ddy labor or by contract. Subd. 3. The Forester shall keep a-record of the costs of abatements done under this section and shall report monthly to the City Clerk a11 work done for which assessments are to be made stating and certifying the description of the land, lots, 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 separate 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 i a i 70 � ORDINANCE NO. 481 CONTINUED assessment under Minnesota Statutes Sec. 929.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. rs 3=. PAGE 4 � 28.08. Subd. 1. Whenever the Forester determines that any tree 5PRAYING or wood within the City is infected with disease, he may spray TREES all nearby high value trees, with an efPective disease des- troying concentrate. Spraying activities authorized by this � Section shall be conducted in accordance [aith technical and expert opinions_and plans of the Con¢nissioner of Agriculture and . under the supervision of the Commissioner and his agents whenever possible. 28.09. It is unlawful for any person to transport within the TRANSPORTING WOOD City any disea5ed wood without having obtained a permit from PROHIBITED the Forester. The Forester shall grant such permits only when the purpose of this Ordinance will be served thereby. . . 28.10. It is unlawful for any person to prevent, delay or INTERFERENCE PRO- interfere with the Forester or his agents while they are HIBITED engaged in the performance of duties imposed by this Ordinance. 25.11. Any person, firm or corporation who violates 28..09 and 28.10 of this Ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed $300.00 or imprisonment for 90 days. 25.12. Should any section, subdivision, clause or othes pro- vision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole nor any part thereof other than the part so�declared to be invalid. PENALTY PASSED BY THE CITY COUNCIL OF THE CSTY OF F&IDLEX..THIS 215T DAY - OF JONE, 1971. � ����� � � . . MAYOR - JACK 0. KIRKHAM ATTEST: . . .. . .. 7 ! Il J-%�i�ll�� � CITY ERK - MARVIN C. BRUNSELL .;. � First Reading: June 7, 1971 Second Reading: June 21, 1971 Publish.......: June 30, 1971 �. e � � _ _. �