HomeMy WebLinkAboutOrdinance No. 4403 - Second Reading: Ordinance amendment relating to nuisance trees
ORDINANCE NO. ____
AN ORDINANCE AMENDING SECTIONS 6-2-1, 6-2-3, 6-2-4 AND 6-2-5 OF THE
ROCHESTER CODE OF ORDINANCES RELATING TO NUISANCE TREES.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS:
Section 1. Section 6-2-1 is hereby amended to read as follows:
Sec. 6-2-1. - Nuisance declared.
To protect, preserve and conserve the value of public and private lands, and to promote
the general welfare of the public and this community, it is necessary to protect, control and
abate trees that create a public hazard., Trees that create a public hazard include dead
trees, and other trees that are affected by Dutch elm disease, and oak wilt fungus, the
emerald ash borer insect, and trees infected by other tree diseases and infestations
regulated by the state department of agriculture pursuant to statute, rule, or commissioner's
declaration. Therefore, the following conditions are hereby found and declared to be a public
nuisance in the city:
(1) Any living or dead elm tree or part thereof infected to any degree with the Dutch
elm disease fungus which currently includes: Ophiostoma ulmi or Ophiostoma novo-ulmi
or which harbors any of the elm bark beetles, scolytus multistrialus, hylurgopinus rufipes,
or S. schevyrewi. It is appropriate to mitigate diseased elms throughout the year.
(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 or burned.
(3) Any living or dead oak tree or part thereof infected to any degree with the oak
wilt fungus (ceratocytis fagacearum). Oak trees infected by oak wilt are generally to be
mitigated during dormancy (November to March) when the fungus cannot be transmitted.
(4) Any living or dead Fraxinus spp. tree or part thereof infected to any degree with
the insect emerald ash borer (Agrilus Planipennis). Ash trees affected by emerald ash borer
that are not allowed by the director of parks and recreation, or designee, to be chemically
treated, are generally to be mitigated during emerald ash borer nonflight season
(September to May).
(5) Any tree creating a current public danger hazard whether the tree is on public
or private property, and without regard for any the cause of damage to the tree. A tree
constitutes a current public danger when it may fall into a public right of way, utility facility,
public trail corridor, park, or other public land.
(65) Any standing dead trees or dead brush.
Section 2. Section 6-2-3 is hereby amended to read as follows:
Sec. 6-2-3. - Park board responsibility.
The board of park commissioners shall administer this chapter and said board and the
officers and employees of the parks and recreation department are authorized, empowered,
and directed to take all actions and perform all duties prescribed by this chapter. The board
of park commissioners and the officers and employees of the parks and recreation
department are authorized and empowered to enter upon private premises with reasonable
cause and at reasonable times and reasonable hours for the purpose of taking necessary
action and performing the duties assigned to the board by this chapter.
Section 3. Section 6-2-4 is hereby amended to read as follows:
Sec. 6-2-4. - Inspections.
All premises and places within the city shall be inspected as often as practical to
determine whether any condition declared in section 6-2-1 to be a public nuisance exists
thereon. All reported incidents of hazardous trees or dead standing trees creating a current
public dangermeeting the chapter thresholds, and trees infected infection by Dutch elm
fungus, the presence of elm bark beetles, or infected infection by the oak wilt fungus or the
presence of emerald ash borer insects shall be promptly investigated.
Section 4. Section 6-2-5 is hereby amended to read as follows:
Sec. 6-2-5. - General abatement.
(a) Diagnosis. No action to remove, destroy and dispose or require the removal,
destruction and disposal of elm trees, wood infected with Dutch elm disease, or oak trees
infected by oak wilt fungus or Fraxinus spp. (ash) trees or Fraxinus spp. (ash) wood
harboring emerald ash borer shall be taken until a reasonably certain diagnosis of the
disease or infestation has been made. When such reasonably certain diagnosis has been
made, the infected or infested tree or wood shall be removed, destroyed and disposed of
in a manner which will effectively destroy and prevent as fully as possible the spread of the
Dutch elm or oak wilt disease, or the spread of emerald ash borer populations.
(b) Presence of elm bark beetles or emerald ash borer. When the presence of elm bark
beetles has been discovered in or upon any living elm tree but the presence of Dutch elm
disease fungus is not then or thereafter diagnosed, the tree shall be mitigated in a manner
which will effectively destroy and prevent as full as possible the spread of the elm bark
beetle. When the presence of emerald ash borer has been discovered in or upon an ash a
living Fraxinus spp. (ash) tree that constitutes a current public danger, the tree shall be
mitigated in a manner which will effectively destroy and prevent as full as possible the
spread of the emerald ash borer. If such mitigation is not or, because of the extent of
infestation, cannot be effective, the tree shall be removed, destroyed and disposed of.
(c) Dead elm, oak, or Fraxinus spp. (ash) trees, logs, stumps, etc. Standing dead elm
trees, elm logs, branches, stumps, firewood or other raw material from which the bark has
not been removed and which are not infected with Dutch elm disease fungus shall have the
bark removed, destroyed and disposed of or shall be treated in a manner which will
effectively destroy and prevent as fully as possible the spread of the elm bark beetle, Dutch
elm disease, oak wilt, or the emerald ash borer. If such mitigation is not effective or,
because of the extent of infestation, cannot be effective, the trees, logs, branches, stumps,
firewood or other raw elm material shall be removed, destroyed and disposed of.
(d) Specifications and procedures. The board of park commissioners shall establish
specifications and procedures for the removal, destruction and disposal of trees and wood
infected with Dutch elm disease fungus, oak wilt fungus or emerald ash borer for treating
live elm or Fraxinus (ash) trees infested with elm bark beetles or emerald ash borer, and
for removing, destroying and disposing of elm or Fraxinus (ash) bark and treating dead elm
or Fraxinus (ash) trees, logs, branches, stumps, firewood and other raw elm material. Such
specifications and procedures shall be consistent with current specifications and
procedures designated or approved by the commissioner of agriculture and shall be
provided at time of notification as defined in section 6-2-6.
Section 5. This ordinance shall become effective from and after its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2020.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2020.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15\\6-2.EAB.docx