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Ordinance No. 1366 12-10-2018 ORDINANCE NO. ANORDINANCEAMENDING FRIDLEY CITY CODE CHAPTER104 PERTAINING TO TREE MANAGEMENT TheFridley City Council hereby findsafterreview, examination and recommendation of staff that Chapter 104related to tree managementbe hereby amendedand ordained as follows: Chapter 104 is hereby amended as follows: FRIDLEY CITY CODE CHAPTER 104. DISEASEDTREEMANAGEMENTS (Ref. 481, 568, 639, 931, 1214) 104.01. DECLARATION OF POLICY TheCityCouncilof Fridleyhasdeterminedthattreesprovideapublicbenefitincluding cleaner air, cleaner water, decreased soil erosion, and increased property values the health of the treeswithinthe municipallimitsisthreatenedbyfataltreediseases. Itis further determinedthatthe lossofnuisancetreesgrowinguponpublicandprivateproperty would substantially depreciate the value of property within the City and impair the safety, goodorder,generalwelfareandconvenienceofthe public.Itis declaredto bethe intention of the Council tomaintain a resilient urban forest control and prevent the spread of tree diseases pests and this Chapter is enacted for that purpose. (Ref. 481) 104.02. FORESTER POSITION CREATED Thepowersanddutiesof the CityForesterassetforthin thisChapterarehereby conferredupon the SuperintendentDirectorofPublicWorksandalldesignated representatives. It is the duty of the Forester to coordinate under the direction and control of the City Manager all activities of the City relating to the management of trees on City property, the control and prevention of tree diseasespests that would threaten the integrity ,andtheeliminationof nuisancetrees.TheForestershall recommend to the City Manager the details of the program for the control of tree diseases maintenance of a resilient urban forest and perform the duties incident to such a program adopted by the City Council. (Ref. 931) 104.03. PROGRAM Itis theintentionof theCouncilof Fridleyto conductaManagementPprogram ofdirected at the maintenance of a resilient urban forest. plant pest control pursuant to the authoritygrantedbyMinnesotaStatutes,Section18.023, asamended.This programis directedspecificallyatthecontrolandeliminationof treediseasesandisundertakenin accordance with Chapter 4: 3 MCAR 1.0109 - 1.0113 of the Rules and Regulations of the MinnesotaDepartmentof Agriculture.TheCityshallhavethe righttoplant, prune, maintain, removeandreplacealltrees, shrubs,andotherplantingsnow or hereafteron Ordinance No. 1366Page 2 properties controlled by the City including in any street, park, boulevard, public right-of- way or easement as may be necessary toensure public safety or to preserve and enhance . The City shall also have the right to require the abatement of any treeson publicor privatepropertydeemedto bepublicnuisancesasoutlinedin the Chapter.TheCityForestershallactascoordinatorbetweenthe Commissionerof Agriculture and the Council in conducting this program. 104.04. NUISANCES DECLARED The following are public nuisances whenever they may be found withintheCity of Fridley: 1.Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (March). 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 insecticide. 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 logs, branches, stumps, firewood, or other oak material which has not been debarked or free of hazard as determined by the Forester. (Ref. 931) 1.5.Any diseased or infested tree , dead tree, or part thereof, including logs, branches, stumps, firewood, or other wooden material which has been determined to present a condition which endangers the safety or health of the public or urban forest and has not been treated abated according to the prescription of the City Forester. (Ref. 931). 2.Any hazardous tree which is determined to have structural defects in the roots, stem, or branches that may cause the tree or part thereof to fail, where such failure may cause personal injury or property damage to a target. A "target" includes, but is not limited to, people, vehicles, buildings, and property, etc. Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial in habitat protection. 104.05. ABATEMENT It is unlawful for any person to allow a public nuisance as defined in Section 104.04 to remain on any premises owned within, or controlled by, the City of Fridley. Such nuisances may be abated in the manner prescribed by this Chapter. 104.06. INVENTORY, INSPECTION AND INVESTIGATION 1.The Forester or an agent thereof may inspect all premises and places within the City as often as deemed appropriate to determine any condition described in either Ordinance No. 1366Page 3 Section 104.04 or 104.05 of this Chapter exists thereon. The Forester shall investigate all reported incidents of diseased nuisance trees. (Ref. 931) 2.The Forester or an agent thereof may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this Chapter. 33.The Forester or an agent thereof shall make a field diagnosis accordingto generally accepted field diagnosis procedures. to 3 MCAR 1.0111 and laboratory confirmation by the Minnesota Department of Agriculture shall only be necessary when those definitive symptoms are not present. 104.07. ABATEMENT OF TREE DISEASE NUISANCES In abating the nuisances defined in Section 104.04, the Forester or an agent thereof shall prescribe the infected nuisance tree or wood to be evaluated,monitored, sprayed, root barriered, removed, burned or otherwise effectively treated so as to destroy eliminate and the causative organism or vector and prevent, as fully as possible, the nuisancespread of tree diseases. Such abatement procedures shall be carried out in accordance withcurrent technical and expert opinions and procedures. 104.08. PROCEDURES FOR REMOVAL OF INFECTED TREES OR WOODS When the Forester or designee thereof finds that a public nuisance as defined in Section 104.04 exists in any tree or woodin any public or private place in the City, the Forester shall: 1.On private property, notify the property owner in writing with a Diseased/Hazardous Nuisance Tree Abatement Notice. The property owner shall carry out any recommended abatement procedure(s) within thirty (30) days from the date of receipt of the notification unless a written extension is granted by the Forester. A.If the owner fails to follow the recommendation of the Nuisance Tree Abatement Notice within the designated time period, the Forester shall notify the property ownerby mailin writing that the City will contract for the abatement of the public nuisance.The Forester shall then proceed to contract for the abatement procedures as soon as possible and shall report to the City Clerk all costs resulting from the abatement procedures carried out on such private property. The City Clerk shall list all such charges related to the City abatement administrative costs against th each separate lot or parcel by September 15 of each year as special assessments to be collected commes related costs shall be added to each assessment. (Ref 1214) 2.In the case of boulevard trees, defined as a tree growing within an improved a street or alley right-of-way or anstreet easement that has been acquired for an existing improved street or alley, notices will be mailed to the owner of the abutting property as previously described in Section 104.08.1. However, the City shall abate any diseased nuisance boulevard tree at no cost to the property owner. If the property owner desires, Ordinance No. 1366Page 4 the City will replace the tree with a bare root selectiontree on the owners property in the vicinity of the removed tree. (Ref. 931) 3.All assessments levied for the repayment of tree disease abatement costs may be repaid over a five-year period designated by the City Council. Such assessments shall be levied under authority granted by Minnesota Statutes 429.101 in accordance with the assessment procedures established in City Code Chapter 128. 4.If the infected nuisance tree is located on public land, the Forester shall transmit a similar notification including prescription to the city, county, or school administrationagency responsible for grounds maintenance of said property. Such infestations nuisances onof public property shall be abated by the respective agent, according to the prescriptions and regulations of 3 MCAR 1.0111 of the Minnesota Department of Agriculture, of the City Forester within twenty thirty (320) days of notificationunless a written extension is granted by the Forester. 104.09. PROGRAM RECORDS The Forester shall keep accurate records of the PrTree Disease Control Management Program includingand the costs of abatements ordered under this program. The Forester shall report to the Council all work done for which assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amount . chargeable to eachsubmit any required reports to the Minnesota Commissioner of Agriculture. (Ref. 931) 104.10. SPRAYING TREES Whenever the Forester determines that any tree or wood within the City is infected with disease, he/she may spray all nearby high value 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 Commissioner of Agriculture and under the supervision of the Commissioner and agents thereof whenever possible. 104.11. TRANSPORTING WOOD PROHIBITED It is unlawful for any person to transport within the City any diseased wood without having obtained a permit from the Forester or an agent thereof. The Forester shall grant such permits only when the purpose of this Chapter will be served thereby. 104.102. INTERFERENCE PROHIBITED It is unlawful for any person to prevent, delay or interfere with the Forester or agent thereof while they are engaged in the performance of duties imposed by this Chapter. 104.113. LICENSE REQUIRED It shall be unlawful for any individual, partnership or corporation to conduct as a business the cutting, trimming, pruning, removing, spraying or otherwise treating of trees, shrubs Ordinance No. 1366Page 5 orvinesintheCity without firsthavingsecureda license froma City toconductsuch business. 104.12. LICENSE REQUIREMENTS 1. Application. Applicationfor a license underthisChapter shall be made attheoffice oftheCity Clerk of the City. 2. Application Form. The application for a license shall be made on a form approved by the City which shows, among other things, the name and address of the applicant, the number and names of the employeesofthe applicant,the numberofvehiclesofthe applicant,togetherwith a descriptionandlicensenumberof each,andthe typeof equipmentproposedto beused includes: Business name and address; Name and address of applicant; Business phone number; Number and type of vehicles; Type of state licenses and/or certifications applicant or employees have; and Any other information deemed necessary by the City Clerk for the license. 3.Liability Insurance. No license or renewal of a license shall be granted, nor shall the same be effective, until the applicant has filed with the City Clerk proof of a public general liability insurance policy covering all operations of such applicant under this Chapter for the sum of at least one hundred thousandmillion dollars ($1,00,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate against liability for bodily injuries or death for each person, for the sum of at least three hundred thousand dollars ($300,000) against liability for bodily injuries or death to more than one person from one accident and for at least fifty one hundred thousand dollars ($5100,000) against liability for damage or destruction of property. The City shall be named and the insurance provided shall include the City as an additional party insured. Said policy shall provide that it may not be cancelled by the insurer except after ten (10) days written notice to the City, and if such insurance is so cancelled and licensee shall fail to replace the same with another policy conforming to the provisions of this Chapter said license shall be automatically suspended until such insurance shall have been replaced. 4.Worker's Compensation Insurance. Each license applicant shall file with the City Clerk a Certificate of Insurance of Worker's Compensation when such insurance is required by State Statute. 5.Chemical Treatment Requirements. Ordinance No. 1366Page 6 Applicants who propose to use chemical substances in any activity related to treatment or diseasecontrolof trees,shrubs or vines shallfilewith the CityClerkproofthat the applicant or an employee of the applicant administering such treatment has been certified by the Agronomy Division of the Minnesota Department of Agriculture as a "commercial pesticide applicator".Such certification shall include knowledge of tree disease chemical treatment. 6. Minnesota Tree Care Registry All applicants must be registered with the Minnesota Department of AgricultureTree Care Registry. 104.135. FEES Theannual license feeand expiration date shall beas provided in Chapter 11 of this Code. 104.146. PENALTIES Any violationof thisChapter isa misdemeanorandissubject to penaltiesprovidedfor such violations under the provisions of Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THECITY OF FRIDLEY THIS10THDAY OF DECEMBER2018. _________________________________ Scott J. Lund, Mayor ATTEST: _________________________________ Debra A. Skogen, City Clerk First Reading: April23,2018 Second Reading: December 10, 2018 Publication: December 21, 2018 AFFIDAVIT OF PUBLICATION CITY OF FRIDLEY STATE OF MINNESOTA ss NOTICE OF ORDINANCE (LEGAL PUBLICATION) COUNTY OF HENNEPIN NOTICE OF SUMMARY ORDINANCE NO.1366 AN ORDINANCE TO AMEND Darlene MacPherson being duly sworn on an CHAPTER 104 PERTAINING oath, states or affirms that he/she is the TO TREE MANAGEMENT Publisher's Designated Agent of the newspa- I.Tit per(s)known as: An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code Chapter 104 Tree SF Col Hgts Frid MoundsView NB Management. II.Summary with the known office of issue beinglocated The City Council of Fridley has The that trees provide a in the county of: public benefit including cleaner HENNEPIN air, cleaner water, decreased soil with additional circulation in the counties of. erosion, and increased property RAMSEY values.It is further determined that trees and has full knowledge of the facts stated lic�and private gwing upon pub- P property impair the below: safety,good order,general welfare (A)The newspaper has complied with all of and convenience of the public.It is ualifica- declared to be the intention of the the requirements constituting q Council to maintain a resilient ur- tion as a qualified newspaper as provided ban forest and this Chapter is en- by Minn.Stat.§331A.02. acted for that purpose. (Ref.481) (B)This Public Notice was printed and pub- Ill'N00 This title and summary has been published lished in said newspaper(s) once each to clearly inform the pub- week, for 1 successive week(s); the first lic of the intent and effect of the insertion being on 12/21/2018 and the last Fridley City Code. A copy of the insertion being on 12/21/2018. ordinance, in its entirety, is avail- able for inspection by any person during regular business hours at MORTGAGE FORECLOSURE NOTICES the offices of the City Clerk of the Pursuant to Minnesota Stat. §580.033 City of Fridley,7071 University Ave relating to the publication of mortgage N.E.,Fridley,MN. PASSED AND ADOPTED BY foreclosure notices: The newspaper complies THE CITY COUNCIL OF THE CITY with the conditions described in §580.033, OF FRIDLEY THIS 10th DAY OF subd. 1, clause (1) or(2). If the newspaper's DECEMBER 2018. known office of issue is located in a count SCOTT J.LUND MAYOR adjoining the county where the mortgaged ATTEST: DEBRA A.SKOGEN premises or some part of the mortgaged CITY CLERK premises described in the notice are located, Published in the a substantial portion of the newspaper's Sun Focus December 21,2018 circulation is in the latter county. D 889381 By: � Designated Agent Subscribed and sworn to or affirmed before me on 12/21/2018 by Darlene MacPherson. Notary Public MARLENE M. MITCHELL; n 3 Notary Public Minnesota Wy Commission Expires Jan 31,202C., •'flnf°RM1."V4N•... Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $25.40 per column inch Ad ID 889381