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<br /> 5 (Code 1978, § 5.08.08; Ord. No. 04-34, § 9-27-2004)
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<br /> 7 Sec. 30-7 Natural Resource and Environmental Preservation and Protection - Shade Tree Diseases
<br /> 8 and Pests
<br /> 9 (a) Purpose
<br /> 10 The City Council has determined that the health of the community forest, including both public and private
<br /> 11 trees, faces threats from certain lethal diseases and pests, including but not limited to, Oak Wilt,Dutch Elm
<br /> 12 Disease, and Emerald Ash Borer. Without proper preventative and control measures in place, the loss of
<br /> 13 trees from these epidemics would result in substantial depreciation of property values, could significantly
<br /> 14 reduce wildlife habitat and the beneficial wildlife corridor linkages, and detract from the city's rural
<br /> 15 character. In addition to, and in accordance with, Minn. Stats. 18G and Minn. Stats. 89.54-89.64, the
<br /> 16 provisions of this chapter are adopted as an effort to control and prevent the spread of these shade tree
<br /> 17 diseases and pests.
<br /> 18 (b) Nuisances Declared
<br /> 19 (1) The following are considered public nuisances, as their conditions represent a threat to the
<br /> 20 health of the overall community forest. The city may submit a wood sample to a laboratory,
<br /> 21 such as the University of Minnesota's Plant Disease Clinic, to confirm the presence of the
<br /> 22 disease or pest.
<br /> 23 a. Any elm tree or part thereof infected to any degree with Dutch Elm Disease fungi
<br /> 24 (either Ophiostoma ulmi or Ophiostoma novo-ulmi), or which harbors and
<br /> 25 bark beetle (Hylurgopinus rufipes), European elm bark beetle (ScolyLus
<br /> 26 multistriatus), or banded elm bark beetle (Scolytus schevyrewi), collectively
<br /> 27 referred to as elm bark beetles.
<br /> 28 b. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or
<br /> 29 other elm material not properly covered and sealed or from which the bark has not
<br /> 30 been removed or sprayed with an effective insecticide for elm bark beetles; except
<br /> 31 that the stockpiling of uncovered bark bearing elm wood shall be permitted during
<br /> 32 the months of October through March.
<br /> 33 C. Any tree, or part thereof, within the Red Oak family (northern red oak, northern
<br /> 34 pin oak, pin oak, and black oak), infected to any degree with the oak wilt fungus
<br /> 35 (Bretziella fagacearum). This includes any diseased material that is potentially
<br /> 36 spore producing(PSL4.
<br /> 37 d. Any tree, or part thereof,within the White Oak family(white oak,bur oak, swamp
<br /> 38 white oak, and chinkapin oak), that poses a threat of transmission of the oak wilt
<br /> 39 fungus to other trees of the same species through grafted roots.
<br /> 40 e. Any ash tree (Fraxinus spp.) or part thereof, infested to any degree with Emerald
<br /> 41 Ash Borer (EAB), Agrilus planipennis.
<br /> 42 f. Any tree deemed by the city to be hazardous,which may include structural defects
<br /> 43 in the roots, stem, and/or branches, that could cause the tree to fail and, should it
<br /> 44 fall, would land within a public right-of-way or upon public land.
<br /> 45 (c) Nuisance Trees
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