Ordinance No. 0568 09-09-1974r
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ORDINANCE N0. 568
AN ORDINANCE AMENDING CHAPTER 104
OF THE FRIDLEY CITY CODE ENTITLED
TREE DISEASES
THE CITY COUNCIL �F THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS:
Chapter 104 of the Fridley City Code is hereby amended to read as follows:
104.07 Declaration of Policy
The City Council of Fridley has determined that the health of the DECLARATION OF
trees within the municipal limits is threatened by fatal tree diseases. POLICY
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 impar 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 chapter is enacted for that purpose. (Ref. 481.)
104.021 Forester Position Created
The powers and duties of the City Forester as set forth in this FORESTER POSITION
chapter are hereby conferred upon the Naturalist/Resource Coordinator. CREATED
104.022 Duties
It is the duty of the Forester to coordinate under the direction DUTIES
and control of the Council, all activities of the municipality
relating to the control and prevention of tree diseases. He shall
recommend to the Gouncil the details of the program for the control
of tree diseases, and perform the duties incident to such a program
adopted by the Council.
104.03 Program
It is the intention of the Council of Fridley to conduct a program PROGRAM
of plant pest control pursuant to the authority granted by Minnesota
Statutes, Section 18.023. This program is directed specifically
at the control and.elimination of tree diseases, and is under-
taken, in accordance with Chapt. 4: AGR 101-120 of the Rules and
Forester shall act as coordinator between the Commissioner of
Agriculture and the Council in the conduct of this program.
104.041 Nuisances Declared
The following things are public nuisances whenever they may by
found within the City of Fridley:
1. Any living or standing Elm tree or part thereof
infected to any degree with the Dutch Elm disease fungus Cera-
tocysti's ulmi (Buisman) Moreau or which harbors any of the elm
bark beetles Scol tus multistriatus (Eichh.) or Hylurgopinus
rufi es (f4arc
�dUISANCES
DECLARED
2. 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 beetle insecti-
cide.
3. Any living or standing Oak Tree or part thereof infected
to any degree with the Oak Wilt disease fungus Ceratocystis fagacearum.
4. Any dead Oak tree or part thereof including 7ogs, branches,
stumps, firewood, or other oak material which has not been debarked or
free of hazard by the Forester or his agent.
5. Any diseased, dead tree or part thereof including logs,
branches, stumps, firewood, or other wooden material which has not
been treated according to the prescription of the City Forester.
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ORDINANCE N0. 568
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104.042 Abatement
It is unlawful for any person to permit any public nuisance as ABATEMENT
defined 104.041 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 this Chapter.
104.051 Inventory, Inspection, and Investigation
Annual Inspection. The Forester or his agents shall ihspect all
premises and places within the City as often as practicable to
determine whether any condition described in 104.041-104.042 of
this chapter exists thereon. He shall inspect all Elm and Oak
trees at least twice during the growing season. He shall prepare
and maintain a Cit -wide inventor of shade trees b s ecies accordi
to inn. AGR 106. He shall investigate all reported incidents of
diseased trees.
104.052 Entry on Private Premises
The Forester _o�r �his a �ents may enter upon private premises at any
reasonable time for the purpose of carrying out any of the duties
assigned him under this chapter.
104.053 Diagnosis
ll make field diaanosis accordin
are not present
]04.06 Abatement of Tree Disease Nuisances
In abating the nuisances defined in 104.041-104.042 the Forester
or his agent shall rescribe t'rie infected tree or wood to be
sprayed, root barriere , removed, burned; or otherwise effective7y
treated so as to destroy the causative organism or vector and pre-
vent, as fully as possible, the spread of tree diseases. Such
abatement procedures shall be carried out in accordance with existing
rules and regulations of the Minnesota Pollution Control Agency
and tha II_S_ Fnvirnnmantal Prntaction Aaencv and with AGR 106 of the
104.071 Procedures for Removal of Infected Trees or Wood
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INVENTORY.
INSPECTION, AND
INVESTIGATION
ENTRY ON PRIVATE
PREMISES
DIAGNOSIS
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ABATEMENT OF TRI -
DISEASE NUISANCI
Whenever the Forester or his agent finds with reasonable certainty PROCEDURES FOR
that the infestation defined in 104.041-104.042 exists in any tree REMOVAL OF
or wood in any public or private place in the City, he shall proceed INFECTED TREES
as fol7ows according to the recommendations of the Minnesota AND WOOD
Deoartment of Aariculture:
(d) If the infected tree(s) is located on private property,
the Forest�r s a sen a wri en no ica i the
owner or saia property: it snaii ee the
owner o carr out the rescri e a a err
ten 10 ays from the date of receipt o
a written variance is rante t��
ysical imitations resu tin from exce
trees occurrin wit in t e Cit . e
rescri tion wit in t e esi nate time
notif the ro ert owner mai t at t
contract for t e abatement of t e pu ic
or dead tree s and/or woo in question.
obligation of the
nt oro ecure s w
ne noLirication uniess
er ecause o un orseen
ve num ers o isease
orester or
sance, nam
ow tne
r�aTT
ctor will
e i�'seased
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ORDINANCE N0. 568
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(b) In the case of boulevard trees, notices will be mailed to
(c)
abatanent
owner ot saia ro ert ma cnoose
should the owner esire City abate
only 50% of the actually incurred
1 be assessed the property owner;
sments levied for the repayment of
be repaid over a five-year period
er authoritv aranted bv Minnesota
(d) If the infected tree(s) is located on pu6lic land,
the Forester shal� transmit a simitar notification includina
ror rounas maintenance or saia
property shall be a ated by the
rescni tion and re ulation AGR
Agriculture within twenty 20 d
� 104.072
The Forester shall kee accurate
Control Proqram an su mit the n
Corranissioner of Aqriculture a71
104.08 Spraying Trees
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the 5
n
BOULEVARD TREES
,
ease REPAYMENT OF
ssessments ASSESSMENTS
n responsible
ons on aublic
Dis
Whenever the Forester determines that any tree or wood within the
City is infected with disease, he may spray all nearby high v-alue
trees, with an effective disease destroying concentrate. Spraying
activities authorized by this Section shall be conducted in
accordance with technical and expert opinions and plans of the
Corrrnissioner of Agriculture and under the supervision of the
Commissioner and his agents whenever possible.
104.09 Transporting Wood Prohibited
PUBLIC
P�t P�ERTY
PROGRAM RECORDS
SPRAYING TREES
It is unlawful for any person to transport within the City any TRANSPORTING
diseased wood without having obtained a permit from the Forester WOOD
or his a9ent. The Forester shall grant such permits only when the PROHIBITED
purpose of this chapter will be served thereby,
104.10 Interference Prohibited
It is unlawful for any person to prevent, delay or interfere with IN7ERFERENCE
the Forester or his agents while they are engaged in the performance PROHIBITED
of duties imposed by this chapter.
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104.11 Penalties
Any violation of this chapter is a misdemeanor and is subject to
penalties provided for such violations,under the provisions of chapter
901 of this Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH
DAY OF SEPTEMBER, 1974.
TtQw C.
P1AYOR - FRA G. IEBL
ATTEST:
First Reading:
Second Reading
Publication:
August 19, 1974
September 9, 1974
September 25, 1974
PENALTIES
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