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Ordinance 058bCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 58B AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM AND OTHER ARBOREAL DISEASES THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 4 of Ordinance No. 58, adopted June 16, 1979, and entitled "An Ordinance Relating to the Control and Prevention of Dutch Elm and Other Arboreal Diseases Within the City of Chanhassen," as amended heretofore by Ordinance 58A, is hereby amended to read as follows: Section 4. Nuisances Dedlared; Firewood Storage; Abatement. 4.01 Nuisances Declared. 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 Multistri (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 as provided in Minnesota Statute 4.03. c. Any living or standing Oak tree or part thereof in- fected to any degree with the Oak Wilt fungus Ceratocy Fagacearum. d. Any dead tree in the Red Oak group, or part of any such tree, including logs, branches, stumps, firewood or other Red Oak material from which the bark has not been removed. e. Other shade trees with epidemic diseases. 4.02Abatement. 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 or controlled by him within the City of Chanhassen. Such nuisance may be abated in the manner prescribed by this ordinance • in addition to the criminal penalties provided for in this ordinance. 4.03 Elm Wood Storage_ Stockpiling and storage of elm logs and branches with bark intact is prohibited except during the period September 15 through April 1 of the following year during which period such storage shall be permitted. Authorization for storage per this ordinance shall only be permitted for residential premises. Section 2. This Ordinance becomes effective from and after its passage and publication. Passed and adopted by the City Council of the City of Chanhassen this 16th day of July, 1979. -L - �- 4'�� Walter Hobbs, Mayor ATTEST: 9 � Don Ashworth, City Manager Publish in the Carver County Herald on the day of -liny'MkJ , 1979. CityCha .of nhassen CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 58B AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM AND OTHER ARBOREAL DISEASES THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 4 of Ordinance No. 58, adopted June 16, 1979, and entitled "An Ordinance Relating to the Con- trol and Prevention of Dutch Elm and Other Arboreal Diseases Within the City of Chanhassen," as amended heretofore by Ordinance 58A, is hereby amended to read as follows: Section 4. Nuisances Declared; Firewood Permits; Abatement. 4.01 Nuisances Declared. 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 in- fected to any degree with the Dutch Elm disease fungus Ceratocystis Utmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistri (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 and for which a written firewood storage permit has not been issued as provided Minnesota Statute 4.03. c. Any living or standing Oak tree or part thereof in- fected to any degree with the Oak Wilt fungus Ceratocy Fagacearum. d. Any dead tree in the Red Oak group, or part of any such tree, including logs, branches, stumps, firewood or other Red Oak material from which the bark has not been removed and burned. 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 or controlled by him within the City of Chanhassen. Such nuisance may be abated in the manner prescribed by this ordinance in ad- dition to the criminal penalties provided for in this or- dinance. 4.03 Elm Wood Storage Permits. Stockpiling and storage of elm logs and branches with bark intact is prohibited except during the period September 15 through April I of the following year during which period such storage shall be permitted. Authoriza- tion for storage per this ordinance shall only be permit- ted for residential premises. Section 2. This Ordinance becomes effective from and after its passage and publication. Passed and adopted by the City Council of the City of Chanhassen this 16th day of July, 1979. Walter Hobbs, Mayor ATTEST: Don Ashworth, City Manager (Pub. Carver County Herald November 28, 1979) Affidavit of Publication Sate of Minnesota ) SS. County of Carver ) --- -- ------ - ---- - -- , being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the news knowl Paper known as Carver County Herald and has full edge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed - - L "a - -- ---- -- --- — - - - - - - -- -- - -- hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for -A- successive weeks; that it was first so published on _Q d *-the -� t day ofg Ta was thereafter printed and published on every k' d _e' �}_"-� _ �� �.;'Y to and including the 8 tday of i'a Vr:1'' 19 _ !aid that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghi jklmnopgrstuvwxyz l� Subscribed and sworn to before me this day of " '' .N:FIY 4T101 A A. H O LBLIC - ESOTA ARVER COUNTY �..�' mission Expires Oct. MINN:]28. 198 't Notary public, ;� -��t✓ '� ^TC j� , Minnesota My Commission Expires - '� _ � 1 ''CZ3