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(Code 1978, §5.08.08;Ord. No.04-34, §9-27-2004)
<br /> Sec. 30-7 Gh,Pter ''''3 -Natural Resource and Environmental Preservation and Protection
<br /> Ar+*rIe I'—Shade Tree Diseases and Pests
<br /> Subd. 1. Purpose ce,., 1 1 Z_/IA/1 Al D,-w.rr.ace1
<br /> The City Council has determined that the health of the community forest, including both public and private trees,
<br /> faces threats from certain lethal diseases and pests, including but not limited to,Oak Wilt, Dutch Elm Disease,and
<br /> Emerald Ash Borer. Without proper preventative and control measures in place,the loss of trees from these
<br /> epidemics would result in substantial depreciation of property values,could significantly reduce wildlife habitat
<br /> and the beneficial wildlife corridor linkages,and detract from the city's rural character. In addition to,and in
<br /> accordance with, Minn.Stats. 18G and Minn.Stats. 89.54-89.64,the provisions of this chapter are adopted as an
<br /> effort to control and prevent the spread of these shade tree diseases and pests.
<br /> Cep 1121_4 /1 A9 11efir.i+iAR
<br /> Subd.2 License Required See 112_42/102 1 irmense Qequiredl
<br /> A. Any person,firm,or corporation that provides tree care,tree trimming,or removal of trees, limbs,
<br /> branches, brush,or shrubs for hire must be registered with the Minnesota commissioner of Agriculture
<br /> under Minn.Stat. § 18G.07.
<br /> B. License Required. It shall be unlawful for any individual, partnership,or corporation to conduct, as a
<br /> business for profit,the cutting,trimming, pruning, removing,spraying or otherwise treating trees, shrubs
<br /> or vines in the city without having secured a license from the city to conduct such business.
<br /> C. Application for a license under this chapter shall be made on a form approved by the city and shall
<br /> include,among other things,the name and address of the applicant,the number of and names of
<br /> employees of the applicant, and a description of vehicles and equipment used for the business, including
<br /> license plate numbers if applicable. It shall also include proof of compliance with Minn.Stat. § 18G.07.
<br /> D. Insurance Requirements. No license or renewal of a license shall be granted, nor shall the same be
<br /> effective, until the applicant has filed with the city a certificate of insurance evidencing the holding of
<br /> liability insurance and the limits required by Minnesota Statutes and proof of workers'compensation
<br /> insurance. The city shall be named and the insurance provided shall include the city as an additional party
<br /> insured. Said policy shall provide that it may not be canceled by the insurer except after ten (10) days
<br /> written notice to the city and, if such insurance is so canceled and the licensee fails to replace the same
<br /> with another policy conforming to the provisions of this chapter,said license shall be automatically
<br /> suspended until such insurance has been replaced.
<br /> E. License Fee. The annual license fee shall be determined by the city's annual Fee Schedule.
<br /> Subd.3 Nuisances Declared ce,.. 1 1 n�_ &/�na nillcruar,.-er. Dian-arer��
<br /> A. The following are considered public nuisances,as their conditions represent a threat to the health of the
<br /> overall community forest. The city may submit a wood sample to a laboratory,such as the University of
<br /> Minnesota's Plant Disease Clinic,to confirm the presence of the disease or pest.
<br /> 1. Any elm tree or part thereof infected to any degree with Dutch Elm Disease fungi(either Ophiostoma
<br /> ulmi or Ophiostoma novo-ulmi),or which harbors any elm bark beetle(Hylurgopinus rufipes),
<br /> European elm bark beetle(Scolytus multistriatus), or banded elm bark beetle(Scolytus schevyrewi),
<br /> collectively referred to as elm bark beetles.
<br /> 2. Any dead elm tree or part thereof, including logs, branches,stumps,firewood or other elm material
<br /> not properly covered and sealed or from which the bark has not been removed or sprayed with an
<br /> effective insecticide for elm bark beetles;except that the stockpiling of uncovered bark bearing elm
<br /> wood shall be permitted during the months of October through March.
<br /> Created: 2023-07-25 12:16:48 [EST]
<br /> (Supp.No. 12, Update 2)
<br /> Page 10 of 12
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