HomeMy WebLinkAboutOrdinance No. 4275 Second Reading: AmendRCO Chapt47.NuisanceTrees
ORDINANCE NO. _____
AN ORDINANCE AMENDING AND REENACTING
SECTIONS 47.01, 47.03, 47.04, 47.05, 47.06, 47.07,
47.08 AND 47.09 OF THE ROCHESTER CODE OF
ORDINANCES, RELATING TO THE ABATEMENT OF
NUISANCE TREES.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Section 47.01 of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
47.01. Nuisance Declared. Subdivison 1. 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, 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.
Section 2. Section 47.03 of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
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.
Section 3. Section 47.04 of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
47.04. Inspections. All premises and places within the city shall be
inspected as often as practical to determine whether 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.
Section 4. Section 47.05 of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
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.
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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 the 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 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.
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 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.
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.
Section 5. Section 47.06 of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
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
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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,
employees and agents shall proceed to have such nuisance properly abated or
eliminated.
Section 6. Section 47.07 of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
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.
Section 7. Section 47.08 of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
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.
Section 8. Section 47.09 of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
47.09. Transporting of Nuisance Wood 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 the Board of Park Commissioners. The Board shall grant such permits only
when the purposes of this chapter shall not be impaired or adversely affected.
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Section 9. This ordinance shall become effective as of the date of its publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2016.
____________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2016.
____________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/47.01 et seq
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