Agenda - Council - 03/12/2024 - Laserfiche WebLink

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(1) The following are considered public nuisances, as their conditions represent a threat to the health of the overall community forest. The city may submit a wood sample to a laboratory, such as the University of Minnesota's Plant Disease Clinic, to confirm the presence of the disease or pest. a. Any elm tree or part thereof infected to any degree with Dutch Elm Disease fungi (either Ophiostoma ulmi or Ophiostoma novo-ulmi), or which harbors any elm bark beetle (Hylurgopinus rufipes), European elm bark beetle (Scolytus multistriatus), or banded elm bark beetle(Scolytus schev.ram), collectively referred to as elm bark beetles. b. Any dead elm tree or part thereof, including logs,branches, stumps, firewood or other elm material not properly covered and sealed or from which the bark has not been removed or sprayed with an effective insecticide for elm bark beetles; except that the stockpiling of uncovered bark bearing elm wood shall be permitted during the months of October through March. c. Any tree, or part thereof, within the Red Oak family (northern red oak, northern pin oak, pin oak, and black oak), infected to any degree with the oak wilt fungus (Bretziella fagacearum). This includes any diseased material that is potentially spore producing_(PSP). d. Any tree, or part thereof, within the White Oak family(white oak, bur oak, swamp white oak, and chinkapin oak), that poses a threat of transmission of the oak wilt fungus to other trees of the same species through grafted roots. e. Any ash tree(Fraxinus spp)or part thereof,infested to any degree with Emerald Ash Borer (EAB), A ri}� lus planipennis. f. Any tree deemed by the city to be hazardous, which may include structural defects in the roots, stem, and/or branches, that could cause the tree to fail and, should it fall, would land within a public right-of-way or upon public land. (c) Nuisance Trees (1) . Any tree located within the city, which is determined b certified arborist or a certified tree inspector, to be a nuisance tree, as defined above, may be declared a public nuisance. A nuisance tree can be declared hazardous or potentially hazardous if circumstances warrant immediate action to abate that nuisance. a. The city, or its designate, may remove or cause or order to be removed, any nuisance tree or part thereof. > > b. An evaluation of"imminent danger" means that the hazard to the public is immediate. If the property owner cannot be contacted or refuses to remove the hazard,the city will initiate action immediately c. An evaluation of"potentially dangerous" means that a hazard to the public will exist in the .o near future. The property owner will be notified and should remove the future hazard as soon as possible. (d) The city shall have the right to cause the removal of any e�' A nuisance tree(s), as defined above, on private property , In the event of failure of the property owner(s)to comply with such provisions, the cites Created: 2023-11-01 11:59:04 [EST] (Supp.No. 12,Update 3) Page 13 of 15