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Ordinance 058r 46 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM AND OTHER ARBOREAL DISEASES WITHIN THE CITY OF CHANHASSEN. The City Council of Chanhassen Ordains: Section 1. Declaration of Policy. The City of Chanhassen has deter- mined that the health of the Elm and Oak trees within the municipal limits is threatened by the fatal diseases known as Dutch Elm disease and Oak Wilt disease and by other epidemic diseases of shade trees. It has further determined that the loss of Elm and Oak and other shade trees growing upon public and private property will substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of these diseases and this ordinance is enacted for that purpose. Section 2. Forester. 2.01 Position Created. The position of City Forester or Tree Inspector is hereby created within the City. 2.02 Duties of Forester. It is the duty of the Forester to coordinate under the direction and control of the Council, all activities of the municipality relating to the con- trol and prevention of Dutch Elm disease and Oak Wilt disease and other epi- demic diseases of shade trees , and perform the duties incident to such a pro- gram adopted by the Council. Section 3. Shade Tree Disease Program. 3.01 It is the intention of the City Council to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes Sections 18.022 and 18.023. This program is directed specifically at the control and elimination of Dutch Elm disease fungus and elm bark beetles and Oak Wilt fungus and is undertaken at the recommendation of the Commissioner of Agriculture. The City Forester shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. Section 4. Nuisances Declared. 0 4.01 The following are public nuisances whenever they may be found within the City of Chanhassen: a. Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylurgopinus Rufipes (Marsh). b. Any dead Elm tree or part thereof, including logs, branches, stumps, firewood or other Elm material from which the bark has not been removed and burned or sprayed with an effective Elm bark beetle insecticide. C. Any living or standing Oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis Fagacearum. d. Any dead Oak tree or part thereof, including logs , branches, stumps, firewood or other Oak material from which the bark has not been removed and burned or sprayed with an effective Oak fungicide. e. Other shade trees with epidemic diseases. • 4.02 Abatement. It is unlawful for any person, firm or corporation to permit any public nuisance as defined in subsection 4.01 to remain on any premises owned of controlled by him within the City of Chanhassen. Such nuisance may be abated in the manner prescribed by this ordinance. Section 5. Inspection and Investigation. S.01 Annual Inspection. The Forester shall inspect all permises and places within the City as often as practicable to determine whether any condition described in Section 4 of this Ordinance exists thereon. He shall investigate all reported incidents of infestation by Dutch Elm fungus or elm bark beetles, or Oak Wilt, or otner epidemic diseases of shade trees. 5.02 Entry on Private Premises. The Forester or his duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this Ordinance. -2- ' S . 03 Diagnosis. The Forester shall, upon finding conditions indicating the presence of any condition described in Section 4 of this Ordinance, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be reccommended by the Commissioner. Except as provided in Section 7, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. Section 6. Abatement of Shade Tree Disease Nuisances. 6.01 In abating the nuisances defined in Section 4, the Forester shall cause the infected tree or wood to be sprayed, removed, burned or other- wise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases of shade trees, including, but not limited to, Dutch Elm disease fungus, elm bark beetles, and Oak Wilt disease. Such abate- ment procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. Section 7. Procedure for Removal of Infected Trees and Wood. 7.01 Whenever the Forester finds with reasonable certainty that the infestation defined in Section 4 exists in any trees or wood in any public or private place in the City, he shall proceed as follows: a. If the Forester finds that danger of infestation of other Elm trees, Oak trees or other shade trees is imminent, he shall notify the affected property owner by certified mail that the nuisance will be abated within a specified time, not less than five (S) days from the date of mail- ing of such notice. The Forester shall immediately report such action to the Council, and after the expira- tion of the time limited by the notice he may abate the nuisance. b. If the Forester finds that the danger of infestation of other Elm trees , Oak trees or other shade trees is not imminent because of dormancy of the infected tree or trees, he shall make a written report of his findings to the Council which shall proceed by: (1) Abating the nuisance as a public improvement under Minnesota Statutes Chapter 429, or (2) Abating the nuisance as provided in subsection 2 of this Section. is]! 7.02 Upon receipt of the Forester's report required by subsection 1 7.01(b) , the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall post notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and may be published once in the legal newspaper of the City not less than'one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the esti- mated cost of the abatement, and the proposed basis of assessment of costs , if any. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. 7.03 The Forester shall keep a record of the costs of abatements done under this Section and shall report monthly to the City Clerk -Administrator all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each. 7.04 On or before September 1 of each year the Clerk -Administrator shall list the total unpaid charges for each abatement .against each separate lot or parcel to which said charges are attributable under this ordinance. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Section 429.101 and other pertinent statutes for certification to the County Auditor and collection the follow- ing year along with current taxes. Section 8. Spraying Shade Trees. 8.01 Whenever the Forester determines that any shade tree or shade wood within the City is infected with Dutch Elm fungus, Oak Wilt or other epidemic shade tree disease, he may spray all nearby high value shade trees , with an effective concentrate. Spraying activities authorized by this Section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Com- missioner and his agents whenever possible. 8.02 The notice provisions of Section 7 apply to spraying operations conducted under this Section. Section 9. Transporting Wood Prohibited. 9.01 It is unlawful for any person to transport within the City any ' wood diseased with conditions described in Section 4 of this Ordinance, without having obtained a permit from the Forester. The Forester shall grant such permits only when the purposes of this Ordinance will be served thereby. -4- Section 10. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Forester or his agents while they are engaged in the performance of duties imposed by this Ordinance. Section 11. Penalty. Any person, firm or corporation who violates this . Ordinance is guilty of a misdemeanor, and upon conviction thereof may be punish- ed by a fine of not to exceed $300.00 or imprisonment for 90 days. Section 12. Repeal. Chanhassen Ordinance No. 50, enacted May 17, 1972, is hereby repealed. Section 13. Effective Date. This Ordinance is effective from and after its passage and publication. Adopted by the Council this day of 1975. ATTEST: GLE Rk K71 MAYOR Published in Garver ECeunty _Herald on the �o6_ day of June , 1975. -5- City of Chanhassen Ordinance No. 58 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 58 AN ORDINANCE RELATING TO THE CONTROL AND PREVEN- TION OF DUTCH ELM AND OTHER ARBOREAL DISEASES WITHIN THE CITY OF CHANHASSEN. The City Council of Chanhassen Ordains: Section 1. Declaration of Policy. The City of Chanhassen has determined that the health of the Elm and Oak trees within the municipal limits is threatened by the fatal diseases known as Dutch Elm disease and Oak Wilt disease and by other epidemic diseases of shade trees. It has further deter- mined that the loss of Elm and Oak and other shade trees growing upon public and private property will substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of these diseases and this ordinance is enacted for that purpose. ofincluding, but not limited to, Dutch Elm disease fungus, elm bark beetle);, and Oak Wilt disease. Such abateriient procedures.:shall be carried out in accordance with currei}, technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. Section 7. Procedure for Removal of Infected Trees and Wood. 7.01 Whenever the Forester finds with reasonable certainty that the infestation defined in Section 4 exists in any trees or wood in any public or private place in the City, he shall proceed as follows: a. If the Forester finds that danger of infestation of other Elm trees, Oak trees or other shade trees is imminent, he shall notify the affected property owner by certified mail that the nuisance will be abated within a specified time, not less than five (5) days from the date of mailing of such notice. 'The Forester shall immediately report such action to the Council; and after the expiration of the time limited by the notice he may abate the nuisance. b. If the Forester finds that the danger of infestation of other Elm trees, Oak trees or other shade trees is not imminent because of dormancy of the infected. tree or trees, he shall make a",'f:written report of his findings to the';Council which Shall proceed by: (1) Abating the nuisance as a public improvement under Minnesota Statutes Chapter 429, or (2) Abating the nuisance as provided in subsection 2 of this Section. Section 2. Forester. 2.01 PositionCreated. The position Of City Forester or Tree Inspector is hereby created within the City. 2.02 Duties of Forester. It is the duty of the Forester to coordinate under the di-ection and control of the Council, i I activities of the municipality rel, ting to the control and preventiot of Dutch Elm disease and Oak 1 'ilt disease and other epidemic iseases of Shade trees, and perfor, i the duties incident to such a progr m adopted by the Council. Section 3. Shade. Tree Disease 'Prolgram3: :.:3,bt1"�idteTi6n'of the City Councikt-It,q-g9Onrjy>✓t., a ,program of plant pest control pursuant to the authority granted by Minnesota Statutes Sections 18.022 and 18.023. This program is directed specifically at the control and elimination of Dutch Elm disease fungus and elm bark beetles and Oak Wilt fungus and is undertaken at the recommendation of the Commissioner of Agriculture. The City Forester shall act as coor- dinator between the Commissioner of Agriculture and the Council in the conduct of this program. 7.02 Upon receipt of the Forester's report required by subsection 7.01(b), the Council shall by resolution order the nuisance abated. Before action is 'aken on such resolution, the Council shall post notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and may be published once in the legal newspaper of the City not less than. one week prior to such meeting.The notice shall state the time and place of the meeting, the streets affected, action proposed, th,e . estimated cost of the agifement, and the proposed basis of assessment of costs, if any. At s0tih- hearing .o)i,*,acljournment thereof, the COLPell shall hear property owners with reference to the scope and desirability of the proposed project'The ACouncil shall thereafter adopt :a, ,resolution confirming the origin8',l resolution with such modifications as it considers desirable ah'd%provide for the doing of the work by day labor or by -contract. 7.03 The Forester shall keep a record of the costs of abatements done under this Section and shall report monthly to the City Clerk - Administrator all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each. 7.04 On or before September 1 of each year the Clerk -Administrator shall list the total unpaid charges for each abatement against each separw ateldtor parcel to.:which said charges.are,atiributable under this ordinance. The Council may then spread the charges or any portion thereof against the property in- volved as a special assessment under Minnesota Statutes Section 429.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. Section 4. Nuisances Declared. 4.01 The following are public nuisances whenever they may be found within' the City of Chanhassen: a. Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Boisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylurgopinus Rufipes (Marsh). b. Any dead Elm tree or part thereof, including logs, branches, stumps, firewood or other Elm material from which the bark has not been removed and burned or sprayed with an effective Elm bark beetle insecticide. c. Any living or standing Oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis Fagacearum. d. Any dead Oak tree or part thereof, including logs, branches, stumps, firewood or other Oak material from which the bark has not been removed and burned or sprayed with an effective Oak fungicide. Section 8. Spraying Shade Trees. 8.01 Whenever the Forester determines that any shade tree or Shade wood within the City is in- fected with Dutch Elm fungus, Oak Wilt or other epidemic shade tree disease, he may spray all nearby high value shade trees, with an effective concentrate. Spraying activities authorized by this Section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the super- vision of the Commissioner and his agents whenever possible. 8.02 The notice provisions of Section 7 apply to spraying operations conducted under this Section. Section 9. Transporting Wood Prohibited. 9.ol It is unlawful for any person to transport within the City any wood diseased with conditions described in Section 4 of this Or- dinance, without having obtained a permit from the Forester. The Forester shall grant such permits only when the purposes of this Ordinance will be served thereby. Section l0. interference Prohibited. It is unlawful for any person to perevent, delay or interfere with the Forester or his agents while they are engaged in the per- formance of duties imposed by this Ordinance. e. Other shade trees with epidemic diseases. 4.02 Abatement. It is unlawful for any person, firm or corporation to permit any public nuisance as defined in subsection 4.01 to remain on any premises owned of controlled by him within the City Of Chanhassen. .Such nuisance may be abatedin the manner prescribed by this or- dinance. Section 5. Inspection and In- vestigation. I 5.01 Annual Inspection. -The Forester shall inspect all premises and places within the City as often as practicable to determine whether any condition described in Section 4of tnis Ordinance exists thereon. He shall investigate all reported incidents of infestation by Dutch Elm fungus or elm bark beetles, or Oak Wilt, or other epidemic diseases of shade trees. 5.02 Entry on Private Premises. The Forester or his duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this Ordinance. 5.03 Diagnosis. The Forester shall, upon finding conditions inckcating the presence of any condition described in Zection 4 of this Ordinance, im- mediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recom- mended by the Commissioner. Except as provided in Section 7, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. Section 11. Penalty. Any person, firm or corporation who violates this Ordinance is guilty of a misdemeanor, and upon conviction thereof may be punished by a fine of not to exceed $300.00 or imprisonment for 90 days. Section 12. Repeal. Chanhassen Ordinance No. 50, enacted May 17, 1972, is hereby repealed. Section 13. Effective Date. This Ordinance is effective from and after its passage and publ ication. Adopted by the Council this 16 day of June, 1975. At Klingelhutz Mayor ATTEST: Barry Brooks Clerk (Pub. Carver County Herald on the 26th day of June, 1975) Section 6. Abatement of Shade Tree Disease Nuisances. 6.01 In abating the nuisances defined in Section 4, the Forester :hall cause the infected tree or wood to be sprayed, removed, burned= or othedwise- effectively treated so,as'to'destroy and prevent