HomeMy WebLinkAboutCHAPTER 47CHAPTER 47. TREE MANAGEMENT – NUISANCE, DISEASE AND INSECT CONTROL
Updated 2017 47-1
47. TREE MANAGEMENT – NUISANCE, DISEASE AND INSECT CONTROL
47.01. Nuisance Declared. Subdivison 1. To protect, preserve and
conserve the value of public and private lands, and to promo te the general
welfare of the public and this community, it is necessary to protect, control and
abate trees that create a public hazard, dead trees and other trees that are
affected by Dutch elm disease, oak wilt fungus, emerald ash borer insect, and
other tree diseases and infestations regulated by the Minnesota 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.
Subd. 2. 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.
Subd. 3. 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.
Subd. 4. 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.
Subd. 5. 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 non-flight season (September to May)
Subd. 6. Any tree creating a public hazard whether the tree is on public or
private property, and without regard for any damage to the tree.
Subd. 7. Any standing dead trees or dead brush.
(4115, 6/3/13; 4275, 12/19/16)
CHAPTER 47. TREE MANAGEMENT – NUISANCE, DISEASE AND INSECT CONTROL
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47.02. Prohibition. No person shall permit any public nuisance as defined in
47.01 to remain on any premises owned or controlled by such person within the
city. Such nuisance may be abated in the manner prescribed by this chapter.
47.03. 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 action 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 at reasonable times and reasonable hours for the
purpose of taking necessary action and performing the duties assigned to
the Board by this chapter. (4275, 12/19/16)
47.04. Inspections. All premises and places within the city shall be
inspected as often as practical to determine wheth er any condition declared in
47.01 to be a public nuisance, exists thereon. All reported incidents of hazardous
trees or dead standing trees meeting the ordinance thresholds, infection by
Dutch elm fungus, the presence of elm bark beetles, infection by the oak wilt
fungus or the presence of emerald ash borer insects shall be promptly
investigated. (4275, 12/19/16)
47.05. Abatement Generally. Subdivision 1. No action to remove, destroy
and dispose or require the removal, destruction and disposal of elm trees, wood
infected with Dutch elm disease, 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.
Subd. 2. 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 t he elm bark beetle. When the
presence of emerald ash borer has been discovered in or upon a living Fraxinus
(ash) tree, the tree shall be mitigated in a manner which will effectively destroy
and prevent as full as possible the spread of the emerald ash bor er. If such
CHAPTER 47. TREE MANAGEMENT – NUISANCE, DISEASE AND INSECT CONTROL
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mitigation is not or, because of the extent of infestation, cannot be effective, the
tree shall be removed, destroyed and disposed of.
Subd. 3. Dead Elm, Oak, or Fraxinus (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 de stroy 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.
Subd. 4. 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 46.07. (4275, 12/19/16)
47.06. Abatement on Private or Government Property. Subdivision 1.
Whenever a nuisance as defined in section 47.01 is found to exist within any
developed portions or utilized portions of any parcel or within 100 feet of such
developed/utilized areas of any property that may lie within non -maintained
naturally wooded areas on private property, the owner or person in control of
such property shall be notified in writing or by mail or personal delivery, that such
condition exists. The notice shall also state that if such nuisance is not abated by
the owner or person in control of such property within the timeline specifically
outlined in the written notice based on time of year and type of tree to be
removed in the manner prescribed by the Board of Park Commissioners, the City
by and through its Parks and Recreation Department may enter upon the
premises and abate the nuisance.
Subd. 2. If the owner or person in control of any private premises
upon which such a nuisance exists does not abate or eliminate the same within
the timeline specifically outlined in the written notice based on time of year and
type of tree to be removed, the board of park commissioners, its officers,
CHAPTER 47. TREE MANAGEMENT – NUISANCE, DISEASE AND INSECT CONTROL
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employees and agents shall proceed to have such nuisance properly abated or
eliminated. (4275, 12/19/16)
47.07. Abatement on City Property. Nuisances defined in section 47.01
and found within areas as defined in section 47.06 which exist upon property
owned or controlled by the City, including public street right-of-way, shall be
abated or eliminated by the Park Department forthwith in accordance with
established specifications and procedures. (4275, 12/19/16)
47.08. Cost of Abatement. If, pursuant to section 47.06, the Parks and
Recreation Department, acting under the direction of the Board of Park
Commissioners orders the removal or abatement of such nuisance, the Department
shall report the cost of the removal or abatement to the Council and the expense
thereof plus an amount determined by the Common Council to reimburse the City
for its costs of inspection and eradication shall be assessed by the Council upon the
parcels on which the nuisance was located, notice being first given by publication in
the official paper of the time and place such assessment will be made. The
assessment procedure shall be as prescribed by Minnesota Statutes, section
429.101, and said assessment shall be a lien on the parcels and shall be returned
with and collected in the same manner as other city taxes. (4275, 12/19/16)
47.09. Transporting of Nuisance W ood To Any Location Except Approved
Disposal Sites. No person shall transport within the city any bark bearing elm
wood or bark bearing, EAB infested Fraxinus (Ash) wood, or bark bearing oak
wood from oak wilt infected trees without having obtained a permit from th e
Board of Park Commissioners. The Board shall grant such permits only when the
purposes of this chapter shall not be impaired or adversely affected. (4275,
12/19/16)
47.10. Interference. No person shall prevent, delay or interfere with the
board of park commissioners or the officers and employees of the Park and
Recreation Department of the city while they are engaged in the performance of
duties imposed by this chapter.
47.11. Violation. Failure of any owner or person in control of private
property to abate or eliminate on such property a nuisance as defined in this
chapter shall not constitute a violation of this chapter.
(1396, 12/10/67; 1652, 4/18/72; 2585, 4/5/88; 3849, 1/7/08; 4115, 6/3/13; 4275, 12/19/16))