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3. Oak wilt: The tree inspector s
<br /> all premises and places within the designated
<br />' oak wilt control area of the City as many times
<br /> as practical or necessary to determine whether
<br />; any condition described in 110.24(b) or (ct ex-
<br />;ists.
<br /> b. Entry on Private Premises: The tree in-
<br /> so designated by the Council may enter
<br /> premises at any reasonable time
<br /> purpose of carrying out the duties
<br />~ed to him/her under this chapter. Before
<br />i making arty inspection on private property
<br />within the City, the tree inspector shall give
<br />notice of said inspection to all affected residents
<br />and property owners either through an individ-
<br />ual oral or written notice, or by publishing said
<br />notice in a local newspaper.
<br /> c. Diagnosis: The tree inspector shall, upon
<br />finding indications of oak wilt or Dutch elm
<br />disease, take such steps for diagnosis as may be
<br />appropriate, including analysis of twig samples
<br />from actively wilting branches by .the Depart-
<br />ment of Agrlcuiture tree disease laboratory, or
<br />other laboratories capable'of performing such
<br />;services approved by the Minnesota Commis-
<br />sioner of Agriculture. Whenever possible,
<br />diagno§is shall be based upon accepted field
<br />symptoms.
<br /> ]]0.27 INTERFERENCE PROHIBITED.
<br /> It is unlawful for any person to prevent, delay
<br /> or interfere with the City tree inspector or his/
<br /> her agents while they are engaged in the per-
<br /> formance of duties imposed by this ordinance.
<br /> !]]0.28 PROCEDURE FOR
<br /> ABATEMENT AND R EN~OVAL.
<br /> a. Whenever it is found with reasonable cer-
<br /> tainty that tree has oak wilt or Dutch elm
<br /> disease, the tree inspector shall proceed as
<br /> follows: If the tree inspector finds that there is
<br /> potential for ~nfection of other oak or elm trees,
<br /> he/she shall nolify 1he owner of 1he property on
<br /> which the nuisance is found, by certified mail,
<br /> addressed to said owner at his/her last known
<br /> ~dd.ress, The tree inspector will specify on the
<br /> notice a reasonable date before which the
<br /> nuisance must be abated (see subsections b, c,
<br /> ~nd d). The tree inspector shall immedialely
<br /> action to the Council and, after the
<br /> on of the time limited by said notice, the
<br /> may proceed to abate the
<br /> provided. The cost of such
<br /> plus a $50 administrative fee, shall
<br /> ~e assessed against the owner of the property
<br /> ipvolved, or against the property itself.
<br /> b. High Risk Elm Trees: High risk elm trees
<br /> shall be those trees that are dead, barren, or
<br /> have extensive wilt (30 ~ercent or more of the
<br /> tree is wilted). Such trees shall be identified
<br /> and marked prior to June 25. These high risk
<br /> trees shall be removed within 20.days of
<br /> do]trice]ion of the property owner,
<br /> ! (~. Low Risk Elm Trees: Low' risk elm trees
<br /> shall be those trees that show early stages of in-
<br /> fection in June or subsequently beyond the 30
<br /> ~ercent wilting point. Every reasonable effort
<br /> shall have to be made to have Iow risk trees
<br /> removed within 20 days of notification of the
<br /> property owner, but in no case shall it be later
<br /> than April 1 of the year following lhe appear-
<br /> alnce of symptoms.
<br /> d. Oak Trees: All oak trees within the desig-
<br /> n,a~ed oak wilt control area of the City diagnos-
<br /> ed as having oak wilt should be isolated from
<br /> n~ighboring healthy oak trees of lhe same
<br /> shecies by chemical or mechanical disruption of
<br /> cbmmon root systems to prevent root graft
<br /> transmission of the oak wilt fungus.
<br /> To control the overland spread of oak wi,It, the
<br /> pruning of oaks shall be avoided during the
<br /> most susceptible period of nfection, from April
<br /> 1~ until July 1. If wounding is unavoidable dur-
<br /> iqg this period, as in the aftermath of a storm
<br /> or when the tree interferes with utility lines, a
<br /> t~ee wound dressing shall be applied immediate-
<br /> ly.
<br /> !]. To prevent the oak wilt fungus from pro-
<br /> d0cing spores and to prevent overland spread of
<br /> fflis fungus, any diseased material of the red
<br /> oak~ gr~ wilting in July and August of one
<br />, ~a~r~be declared hazardous the following
<br />[ ~r~,,April ]5, until July ].
<br />I {'~I~dous oak Wood.to be used as fuel
<br />! 'c~~'';be salvaged for other nurposes must
<br /> [ ~.~.-'~Iebarked or else completely covere by
<br /> L'I / plastic (4 mil or greater) from April 15
<br />
<br /> : until July 1 of the year following the appear-
<br /> anco o( symptoms. After this time there is no
<br />PRIN danger o,
<br /> spore production, and ,the wOOd. does
<br />
<br /> OROINAN~E#ae-3 ~ .
<br />
<br /> CITY OF RAMSEY
<br /> ANOKA COUNTY.
<br /> STATE OF MINNESOTA
<br /> AN ORDINANCE ESTABLISHING A SHADE
<br /> iTI~EE~ PROGRAM, PROVIDING REGULA-
<br /> TION FOR THE CONTROL OF CERTAIN
<br /> ~:DISEASES AFFECTING TREES, INCOR-
<br /> FPORATING AGENCY RULES AND REGULA-
<br /> ~ ONS AND PROVIDING FOR PENALTY
<br /> FOR VIOLATION THEREOF.
<br /> "AN ORDINANCE ADDING a shade tree pro-
<br /> gram to the City Code.
<br /> 'The City of Ramsay Ordains:
<br /> SECTION ]. AMENDMENT.
<br /> The City Code is hereby amended by the addl-
<br />e' fion of/he following sections:
<br /> 110.20 TREE DISEASES
<br /> llg,~0 TREE DISEASES
<br /> AND FI REWOOD STORAGE.
<br /> 110~21 DECLARATION OF POLICY
<br /> The Council has determined that the health of
<br /> the elm and oak trees within the municipal
<br /> limits are:threatened; by fatal diseases known
<br /> as Dutch elm disease and oak wilt, respectively.
<br /> It has further been determined that the loss of
<br /> elm and oak trees growing upon private and
<br /> public pr:o~b'rty would substantially depreciate
<br /> the value of property within the City and impair
<br /> the safety, good order, general welfare and
<br /> convenience of the public. It is declared to be
<br /> the intention of the Council to control and pre-
<br /> vent the spread of thege diseases and this arti-
<br /> cle is enacted for that purpose.
<br /> 110.22 DESIGNATION OF A
<br /> ~'REE DISEASE CONTROLAREA
<br /> The Council shall designate a Dutch elm
<br /> ;disease and or an oak wilt conlrot area or areas
<br /> within the City in Which these shade tree
<br /> disease ordinances and control procedures shall
<br /> enacled.
<br /> 23 APPOINTMENT
<br /> INSPECTOR.
<br /> 'he Council shall designate a tree inspector
<br /> or tree inspectors, certified by the Minnesota
<br /> Commissioner of Agriculture, who shall ad-
<br /> minister the Dutch elm disease and/or oak wilt
<br /> control programs for the City"in accordance
<br /> .with these tree disease ordinances and within
<br /> the designated Dutch elm disease and/or oak
<br /> wilt control areas of the City.
<br /> 110.24 NUISANCES DECLARED.
<br /> The following are declared to be public
<br /> nuisances whenever and wherever they may be
<br /> found within the designated Dutch elm disease
<br /> and/or oak wilt control areas within the City:
<br /> a. Any standing or living tree or part thereof
<br /> infected to any degree with the Dutch elm,
<br /> disease fungus, Ceratocystis ulmi (Busiman)
<br /> AAoreau, or which harbors any of the elm bark
<br /> beetles, Scolytus multistriatus (Eicbh) or
<br /> HylurgoPinus rufipes (Marsch). And also, any
<br /> .dead elm tree or part thereof with bark intact
<br /> I.ncludfn~ )~gs,-branches, stumps or firewood
<br /> which has not been disposed of properly.
<br /> 4b. ~ny living or standing oak tree or part
<br /> thereof in the red oak group (red oak, pin oak,
<br /> .sc'ariel oaki:black oak) infected to any degree
<br /> witl3'.(the oak · wilt fungus, Ceratocystis
<br /> faga~ce'arum (Bretz) Hunt.
<br /> c. Also, any living or standing tree in the
<br /> whi~ oak:group (white oak, bur oak,'bicolor
<br /> :oaEi~fhat p~ses a threat of transmission of the
<br /> :~)~k~.wilt fuqgus to other trees .of the same
<br /> species through interconnected root systems. ·
<br /> 110;25ABATEMENT.
<br /> It is unlawful for any person to permit a
<br /> public, nuts.anco as defined in 110.24 to remain
<br /> on any premises owned or controlled by that
<br /> p.erson within the designated control areas of
<br /> ~e City.- Such nuisances may be abated in the
<br /> ~anner prescribed by this Chapter.
<br />
<br /> iS INSPEOTION
<br /> I NVESTII~ATION.
<br /> knnual Inspection:
<br /> .!~ 1. Dutch elm dis'ease: The tree inspector shall
<br />
<br />'PUBLICATION
<br />
<br />i~spe~t all premises and places within the des-
<br /> ; .~ ....... ~:,.Ra_rnsey/AAinnesota, the 14th day:of June, 1988
<br />i~6ated Outch'~lhi=~lS~&§e:~:6htr~)l area 0,t ]ne :~s-Gary R. Reiman~
<br />City at least three times during' the growing Mayor
<br />season, by Jvne 15, July 15, and August 15 to. ATTEST:
<br />determine ~vhether any condition described in -s-David R. Hat]lay
<br />101.04ia) exists;. - .. ' -. CityAdministrator/Clerk
<br /> 2. EIm;'~oi:l;i;~he tree inspector shall inspect
<br />all prerrii{e~ end places within the desi~ ~ted abcdefghiiklmnopqrstuvwxyz
<br /> , Published in Anoka Co. Union
<br />Dutchl elm :di~eas~'contro. area of,the Ci by Jun~e 24 1988
<br />April 1 Of .e~Tch'!~ar .f0r~.elm wood or \~'
<br />stumps that meet any of the conditions ~les~;/6-
<br />ed in ]10.24(a), and require by April ~1, removal I
<br />or debarking of all woOd logs, and stumps to be
<br />retained.
<br />
<br /> Any branch greater than 2'~. diameter of the
<br /> red oak group determined to be hazardous and
<br /> not to be salvaged shall be disposed of by I~urn-
<br /> lng, chipping, or removal to an authorized
<br /> dump site prior to April 15 of the year following
<br /> the appearance of symptoms. Dead standing
<br /> red oaks that have advanced beyond the poten-
<br /> tial for spore production need not be removed
<br /> except where they constitute a hazard to life
<br /> and/or property. The City .tree inspector will
<br /> advise accordingly.
<br /> Stumps of trees of the red oak group removed,
<br /> due to oak wilt shall be Completely covered,
<br /> removed, or debarked to the ground line to
<br /> eliminate all possibilities of spore infection and
<br /> overland disease spread.
<br /> 2. White Oaks: Trees of the white oak group
<br />(i.e. white oak, bur oak, bicolor oak) diagnosed
<br />as having oak wilt should be isolated by rool
<br />graft disruption as previously stated. Diseased
<br />materia~ originating from such flees will rarely
<br />ever support spore formation, and salvaged
<br />material therefore will not require special
<br />treatment to prevent overland spread. Standing
<br />trees of this group showing early symptoms of
<br />oak wilt may be saved by removing affected
<br /> branches. The City tree inspector will advise
<br />· accordingly,
<br /> ] 10.29 ROOT GRAFT DISRUPTION
<br /> (BARRIERS) AT PROPERTY BOUNDARIES.
<br /> a. If the tree inspector finds that Dutch elm
<br />disease or oak wilt threatens to cross properly
<br />boundaries or disease control area boundaries,
<br />the tree inspector may require root graft
<br />disruption to prevent the spread of disease in
<br />this manner. If plowing or trenching is not
<br />possible due fo terrain, location, or buried
<br />utilities, the tree inspector may require chemi-
<br />cal root graft disruption. These barriers will be
<br />placed in accordance with current technology
<br />and plans as may be designated by the Com-
<br />missioner of Agriculture, State of Minnesota.
<br /> b. The charge, or any portion thereof, for any
<br />necessary root barriers may be assessed
<br />against the property on which the root barriers
<br />are placed.
<br /> c. Because oak wilt is a community problem
<br />and because oak wilt control may benefit an an-
<br />tire neighborhood, the tree inspector, shall
<br />recommend and encourage neighborhood par-
<br />ticipation and cooperation, including cost shar-
<br />ing, in root graft disruption and other control
<br />efforts, especially where oak wilt is in danger of
<br />spreading across property boundaries.
<br />110.210 TRANSPORTING ELM
<br />AND OAK WOOD PROHIBITED.
<br /> It is unlawful for ~any person to transport
<br />within the City any bark intact elm wood, or
<br />wood from the re.d oak group that is determined
<br />to be hazardous, without having obtained a
<br />permit from the Ci~'y tree inspector. The City
<br />tree inspector shall grant such permits only
<br />when such permission does not interfere with
<br />the provisions of th is ordinance.
<br />110~211 REGULATIONS
<br />ADOPTED BY REFERENCE.
<br /> Sections 1.0109 through !.0111 of 3 N~innesota
<br />Code of Agency' Rules, Department of
<br />Agriculture, Shade Tree Program (1978 Edi-
<br />tion) together with amendments thereof to date,
<br />are hereby adopted by reference and made a
<br />part of this ordinance as if set out hereat in full,
<br />except as hereinafter provided. A copy of said
<br />agency rules herewith incorporated is on. file
<br />with the City Clerk.
<br />SECTION 2. PENALTY.
<br /> Any person violating the conditions of this or-
<br />dinance is guilty of a misdemeanor and upon
<br />conviction shall be punished by a fine of not
<br />more than $750.00 or imprisonment for not more
<br />than ninety (90) days or
<br />SE, CTION 3. EFFECTIVE DATE.
<br /> .,ffhis Ordinance becomes effective upon its
<br />passage and thirty (30) days after 'its publica-
<br />tion according to law, subject to city Charter
<br />Provision, Section 5.04.'
<br /> PASSED by the City Council of the City of
<br />
<br />TA )
<br /> ss
<br />)
<br />
<br /> sworn, on oath says that he is the managing editor of the
<br />· County Union, and has full knowledge of the facts which are
<br />
<br />.~plied with all of the requirements constituting qualification
<br />provided by Minnesota Statute 331A.02, 331A.07, and other
<br />
<br />)RD. INANCE ..........................................
<br />? .e.r., .~.8.-. 3 ............................................
<br />~om the columns of said newspaper, and was printed and
<br /> o.r~¢ .....successive weeks; it was first published on Friday,
<br /> .. ~LI.P,e ......... 19~., and was thereafter printed and
<br /> to ~nd including Friday, the ................ day of
<br />~rinted below is a copy of the lower case alphabet from A to Z,
<br />y acknowledged as being the size and kind of type used in the
<br />the notice:
<br />
<br />abcdefghijklm nopqrsiuvwxyz
<br />abcdefghijklmnopqrstuvwxyz
<br />
<br /> Managing Editor
<br />
<br />RATE INFORMATION
<br />
<br />ate paid by
<br />'or comparable
<br />
<br />,wed by law for the
<br />
<br />ged for the above
<br />
<br /> 3.7?
<br />(Line, word, or inch rate)
<br /> l~. 09
<br />
<br />(Line, word, or inch rate)
<br /> 3.40
<br />(Line, word, or inch rate)
<br />
<br />
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