1d. City Code Amendment - Diseased Shade Trees1
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I MEMORANDUM
CITY OF le
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Actin t- C°Y rr r�ct�r
TO: Don Ashworth, City Manager
FROM: Jill Kimsal, Forestry Intern
DATE: November 8, 1994
SUBJ: Second and Final Reading of Diseased Shade Tree Ordinance Amendment and
Approval of Summary Ordinance for Publication
BACKGROUND
The diseased shade tree ordinance received first reading at the last City Council meeting held
October 24, 1994. The Council requested that the following changes be made: further
specification of the status of the forestry personnel to be hired by the city and a broader
inclusion of property owners who can apply for deferments. All changes made thus far have
been highlighted in bold on the attached ordinance.
ANALYSIS
The first issue of concern is further defining the forestry position in the city. With the
changes made thus far, "full- or part- time" clearly supports the hiring of a part-time forestry
intern in the present as well as the future.. , Allowing the .section to be stated as such is also
prudent in order to avoid amending the ordinance to include "full- time" in the future. The
ordinance as ori ginally written states that the city will create the position of pity Forester or
Tree Inspector.
Secondly, Section 13 -35, part f, was requested to be changed to include deferments for
homestead owners with financial hardship. The statements that have been added to include
deferments for homestead owners 65 year an&,61der who are retired and /or disabled were
taken directly from Minnesota State Statute, Chapter 429. Any deviation from the intention
and wording of that statute is a violation of the statute. According to the city attorney, the
city simply cannot broaden the requirements under which deferment will be granted or denied.
' Don Ashworth
November 8, 1994
Page 2
' While we cannot violate a state statute, an alternative option is to delay rather than defer the
assessment. Payment for the removal may be billed to the property the following summer or
' at such a time as agreed to by the city and the concerned party. This would allow the city to
be accommodating to homestead owners without violating any state statutes.
Staff believes the diseased shade tree ordinance to be thorough, appropriate, and needed. In
addition to be of use in helping protect and prevent the spread of disease in the city, the
ordinance is also an opportunity for the city to meet the requirements in order to become a
' Tree City USA. This status would qualify the city for grants worth tens of thousands of
dollars for tree related projects, such as land acquisition for preservation and large -scale
volunteer tree - planting projects. In the long run, then, the diseased shade tree ordinance is a
needed tool for the removal of diseased trees as well as the planting and preservation of
healthy ones.
' RECOMMENDATION
' Staff is recommending the City Council adopt the following motion:
"The City Council approves the adoption of the diseased tree ordinance as shown in
' Attachment #1 and approval of the summary ordinance for publication as shown in
Attachment #2."
ATTACHMENTS
' 1. Ordinance amendment.
2. Summary ordinance.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY CODE,
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. Chapter 13 of the Chanhassen City Code is amended by adding Article IV
to read:
ARTICLE IV.CONTROL AND PREVENTION OF DISEASED TREES.
Sec. 13 -27. 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
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.
Sec. 13 -28. Forester.
(a) Position Created. The position of or part -time City Forester or Tree
Inspector is hereby created within the City. The City Forester or Tree Inspector must meet
the qualifications as defined in Minnesota Statutes Sections 1505.0050, 1505.0070, and
1505.0080.
(b) Duties of Forester. It is the duty of the Forester to coordinate all activities of
the municipality relating to the control and prevention of Dutch Elm disease and Oak Wilt
disease and other epidemic diseases of shade trees and perform the duties incident to such a
program adopted by the Geun64
Sec. 13.29 Shade Tree Disease Program.
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
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' 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 Geeneil City in the conduct of this program.
Sec. 13.30 Nuisances Declared; Abatement; Firewood Storage.
' Nuisances Declared. The following re public nuisances whenever the may be found
g P Y Y
within the City of Chanhassen:
' a An living or standing elm tree or art thereof infected to an () Y g g P Y degree with the g
' Dutch elm disease fungus Ceratocvstis ulmi (Buisman) Moreau or which harbors any of the
elm bark beetles Scolvtus multistriatus (Eichh.) or Hylurizopinus 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 infected to any degree with the
Oak Wilt fungus Ceratocvstis faeacearum
' (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.
Sec. 13 -31. Abatement.
' It is unlawful for any person, firm, or corporation to permit any public nuisance as
defined in stibseetien 4 Section 13.30 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 the ordinance in addition to the criminal penalties provided for in this ordinance.
Sec. 13 -32. Elm and Oak Wood Storage
Stockpiling and storage of elm logs and branches with bark intact or ti
kP g g g g
' wood from an infected tree in the Red Oak group is prohibited except during the period
September- 15 dffeugh April 1 ef the fellewing yeaf dufing whiek period seeh steFage shall
p er-mit*d September 15 through April 1 of the following year. Only during this period
' shall such storage be permitted. Authorization for storage per this ordinance shall only be
permitted for residential premises.
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Sec. 13 -33. Inspection and Investigation.
(a) Annual Inspection. The Forester shall inspect all premises and places with the
city as often as practicable to determine whether any condition described in 806601 -4 Section
13.30 of this Ordinance exists thereon. He /She 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.
(b) Entry of Private Premises. The Forester or his/her duly authorized agents may
enter upon private premises at any reasonable time for the purpose of carrying out any of the
duties assigned him/her under this Ordinance.
(c) Diagnosis. The Forester or his/her duly authorized representatives shall identify
diseased trees by generally accepted field symptoms such as wilting, yellowing of leaves, or
staining of wood in accordance with Minnesota Department of Agriculture Rules and
Regulations AGR 106. Laboratory confirmation by the Minnesota Department of Agriculture
will be used only when it is necessary.
Sec. 13 -34. Abatement of Shade Tree Disease Nuisances
In abating the nuisances defined in c°� 4 Section 1330, the Forester shall cause
the infected tree or wood to be sprayed, removed, burned, or otherwise 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 abatement procedures shall be carried out in accordance with current technical
and expert opinions and plans as may be designated by the Commissioner of Agriculture.
Sec. 13 -35. Procedure for Removal of Infected Trees and Wood
(a) Forester's Abatement Order. Whenever the Forester finds with reasonable
certainty that one or more of the infestations defined in c°v ection 13.30 exists in any
trees or wood in any public or private place, the owner shall be notified and ordered to
remove the same in a manner approved by the Forester. If the owner fails to comply with the
order, the City Manager may act to abate the nuisance. In the event that the owner cannot be
contacted, the City shall send notice by certified mail to the last known address of the owner
of record, and shall then proceed forthwith to abate the nuisance.
(b) Methods of Disposal of Diseased Elm Trees. All diseased elm trees including the
above ground parts thereof shall be properly disposed of by such methods including bwaing,
debarking, chipping, and utilization.
(c) Removal and Disposal of Diseased Trees in the Red Oak Group. All diseased
oak trees in the red oak group that wilt in July and August shall be identified, marked, and
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removed by April 1 of the following year in order to eliminate any spore formation on them
the following May or June. Trees in the northern red oak group include the northern red oak
(Quercus rubra) northern pin oak (Quercus ellipsoidalis) black oak (Quercus velutina) and
scarlet oak (Quercus coccinea) Methods of disposal include bufaing , chipping, and
utilization.
(d) Control of Overland Spread of Oak Wilt. To control the overland spread of the
disease, the City shall avoid pruning or other mechanical damage during the most susceptible
period of May and June. The City Forester may determine that emergency pruning by utility
companies is necessary during this susceptible period if trees interfere with utility lines. If
wounding is unavoidable during this period, as in the aftermath of a storm or when the tree
interferes with utility lines, a tree wound dressing shall be applied.
' (e) Stumps of Diseased Elms and Oaks and Other Trees Affected by Arboreal
Disease. Stumps of all elm and oak trees shall be removed or debarked to the groundline to
eliminate all possibilities of beetle habitation or possibilities of spore formation.
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(f) Special Assessments. From time to time, the City Managef shall list the total
unpaid costs of abatement attributable to each separate lot or parcel of land in this City. The
council then may spread said costs or any portion thereof against the property involved as a
special assessment under Minnesota Statutes, Chapter 49 and 429 and other pertinent statutes,
for certification to the county auditor and collection the following year along with current
taxes. Council may consider deferments for hardship. The assessment may be deferred
on homestead property if the owner is a person 65 years of age or older who is retired
and /or by virtue of total or permanent disability for whom it would be a hardship to
make the payments for tree removal(s).
Sec. 13 -36. Interference Prohibited.
It is unlawful for any person to prevent, delay or interfere with the Forester or his/her
agents while they are engaged in the performance of duties imposed by this Ordinance.
Sec. 13 -37. Penalty.
Any person, firm, or corporation who violated this Ordinance is guilty of a
misdemeanor and upon eenvietieFi ther-eef may be punished by a fine not to e3weed 44ffee
Section 2 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED by the Chanhassen City Council this day of
, 1994.
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ATTEST:
Don Ashworth, City Manager
(Publish in the Chanhassen Villager on
Donald J. Chmiel, Mayor
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, 1994.)
SUMMARY ORDINANCE
ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY CODE,
RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM AND OTHER
ARBOREAL DISEASES WITHIN THE CITY OF CHANHASSEN
All elms and oaks, infected with Dutch elm disease and oak wilt respectively, will be
required to be removed. Disposal of infected wood may be by debarking, chipping, and
utilization. Inspections will be performed by a certified tree inspector who will inform
homeowners of infected trees. If a homeowner fails to remove the infected tree(s) within a
said amount of time, the city will do so and assess the cost to the property. Deferments of
the assessment will be open to consideration by the Council.
Passed and adopted by the Chanhassen City Council this day of ,
1994.
Kathryn R. Aanenson, AICP
Planning Director
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