Ordinance - #24-03 - 03/26/2024 - Laserfiche WebLink

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1 finding is made upon investigation that a public nuisance is being maintained or exists within the city, the 2 3 of the premises where the public nuisance is maintained requiring him to terminate and abate said nuisance. 4 Service of said notice shall be in person or by U.S. mail. If the premises are not occupied and the address 5 of the owner is unknown, service on the owner may be had by posting a copy of the notice on the premises. 6 If the nuisance is not abated within ten days of the date of issuance of the notice, the city may issue a code 7 violation citation to the notified owner or occupant. As an alternative, the city may elect to prosecute the 8 matter in district court without first issuing the ten day notice described in this section. 9 (Code 1978, § 5.08.08; Ord. No. 04-34, § 9-27-2004) 10 11 Sec. 30-7 Natural Resource and Environmental Preservation and Protection - Shade Tree Diseases 12 and Pests 13 (a) Purpose 14 The City Council has determined that the health of the community forest, including both public and private 15 trees, faces threats from certain lethal diseases and pests, including but not limited to, Oak Wilt, Dutch Elm 16 Disease, and Emerald Ash Borer. Without proper preventative and control measures in place, the loss of 17 trees from these epidemics would result in substantial depreciation of property values, could significantly 18 reduce wildlife habitat and the beneficial wildlife corridor linkages, and detract from the city's rural 19 character. In addition to, and in accordance with, Minn. Stats. 18G and Minn. Stats. 89.54-89.64, the 20 provisions of this chapter are adopted as an effort to control and prevent the spread of these shade tree 21 diseases and pests. 22 (b) Nuisances Declared 23 (1) The following are considered public nuisances, as their conditions represent a threat to the 24 health of the overall community forest. The city may submit a wood sample to a laboratory, 25 such as the University of Minnesota's Plant Disease Clinic, to confirm the presence of the 26 disease or pest. 27 a. Any elm tree or part thereof infected to any degree with Dutch Elm Disease fungi 28 (either Ophiostoma ulmi or Ophiostoma novo-ulmi), or which harbors any elm 29 bark beetle (Hylurgopinus rufipes), European elm bark beetle (Scolytus 30 multistriatus), or banded elm bark beetle (Scolytus schevyrewi), collectively 31 referred to as elm bark beetles. 32 b. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or 33 other elm material not properly covered and sealed or from which the bark has not 34 been removed or sprayed with an effective insecticide for elm bark beetles; except 35 that the stockpiling of uncovered bark bearing elm wood shall be permitted during 36 the months of October through March. 37 c. Any tree, or part thereof, within the Red Oak family (northern red oak, northern 38 pin oak, pin oak, and black oak), infected to any degree with the oak wilt fungus 39 (Bretziella fagacearum). This includes any diseased material that is potentially 40 spore producing (PSP). 41 d. Any tree, or part thereof, within the White Oak family (white oak, bur oak, swamp 42 white oak, and chinkapin oak), that poses a threat of transmission of the oak wilt 43 fungus to other trees of the same species through grafted roots. 44 e. Any ash tree (Fraxinus spp.) or part thereof, infested to any degree with Emerald 45 Ash Borer (EAB), Agrilus planipennis. Page 12 of 17 Ordinance #24-03