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HomeMy WebLinkAbout1167 - ADMIN Ordinance - City Council - 1971/10/04.1 • • Original OCTOBER 4, 1 )71 7 A�g ry ORDINANCE NO. 1 j6 AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF TREE DISEASES BY ADDING SECTIONS 4:860. 01 THROUGH 4:360. 10 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Sections 4:860. 01 through 4:860.10 are hereby added to the St. Louis Park Ordinance Code, which sections shall read as follows: Section 4:860. 01. Declaration of Policy. The City Council of the City of St. Louis Park has determined that the health of the trees within the municipal limits is threatened by tree diseases. It is further determined that the loss of trees growing upon public and private property would 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 4:860.02. Public Nuisances Declared. The following are public nuisances wherever they may be found within the City of St. Louis Park: (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, the bark of which has not been removed. (c) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt Disease fungus Ceratocyrstris Fagacearum. It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned or controlled by him within the City of St. Louis Park. Such nuisances shall be abated in the manner prescribed by this ordinance. Section 4:860. 03. Inspection, Investigation and Testing. The City Manager shall cause all premises and places within the city to be inspected as often as practicable to determine whether any condition described in Section 4:860. 02 exists thereon, and to have investigated and tested all reported incidents of such infestation. Section 4:860. 04. Abatement of Tree Disease Nuisances. In abating the nuisances defined in Section 4:860. 02, the infected tree or wood shall be sprayed, removed, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the disease. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans, and with the approval of appropriate city officials. Section 4:860. 05. Procedure for Removal of Infected Trees and Wood. When it appears with reasonable certainty that the infestation defined in Section 4:860. 02 exists in any tree 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 City Manager. 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. Section 4:860. 06. Assessments. Each year the clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they 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 Chapter 429 and other pertinent statutes, for certification to the county auditor and collection the following year along with current taxes. Section 4:860. 07. Spraying and Pruning Trees. Whenever its determined that any tree or wood within the city is infested by any disease or insects as described in Section 4:860. 02, the city may order the owners of all nearby high value trees to prune and to spray the same with an effective preventive concentrate in a manner approved by the City Manager. Upon •failure to comply with such an order, the city may proceed forthwith to take appropriate action. Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture, with the approval of appropriate city officials, and under the supervision of the commissioner and his agents whenever possible. Notice shall be given as provided in Section 4:860. 05. -2- f Section 4:360.08. Transporting Certain Types of Wood Prohibited. It is unlawful for any person to transport within the city any bark -bearing elm wood or wood infested by disease or insects without having obtained a permit from the City Manager, who shall grant such permits when the purposes of this ordinance will be satisfied. Section 4:360.09. Reporting Discovery of Tree Disease. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a tree disease as defined in Section 4:860. 02 shall report the same to the city. Section 4:860. 10. Interference Prohibited. City personnel may enter upon private premises at any reasonable time to carry out the purposes of this ordinance. It is unlawful for any person to prevent, delay or interfere with city personnel while they are engaged in the performance of duties imposed by this ordinance. Section 2. Penalty. Any person who violates this ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed $300. 00 or by imprisonment for not to exceed 90 days, or both. Section 3. Effective Date. This ordinance shall take effect fifteen • days after its publication. Adopted by the City Council October 4, 1971. Reviewed for administration Ppproved as to form and legality: City Manager -ity '' orney -3- • 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota 1 County of Hennepin j ss. J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and prmter of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is prmted 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 each week (3) Said newspaper 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 lation currently paid or no more than three months in arrears and has entry as second-class r in its local post -office (5) Said newspaper purports to serve the City of St Louis Park in the County of Hennepin and it has its known office of issue in the City of Bloomington 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 or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (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 two years 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 m the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper Ordinance No. 1167 He further states on oath that the printed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and pubhshed therein m the English language, once each week, for oneRitccessive weeks; that it was first so published on Thure the 7thsay of Oct 1971 and was thereafter printed and published on every to and including the_ -day of 19 and that the following is a prmted copy ilfrlower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being size and kind of type used in the composition and publication of said notice, to -wit. abcdefghi jklmnopgrstuvwxyz abcdelghiiklmnopgrstuvwxvx Subscribed and sworn to before me this 7th day of , 19 ?1 Oct (Notarial Seal) Alice J. Nelson, Notary Public, ennepin County, Minn My Commission Expires December 26, 1973 0 � l ; V 1 (Official Publication) private place, the owner shall OCTOBER 4, 1971 and ordered to remove the 7A manner approved by the City ORDINANCE NO 1167 the owner fails to comply with AN ORDINANCE RELATING TO THE the City Manager may act to CONTROL AND PREVENTION OF nuisance In the event that TREE DISEASES BY ADDING SEC- cannot be contacted, the city TIONS 4 860 01 THROUGH 4 86010 notice by certified mall to the THE CITY OF ST LOUIS PARK DOES address of the owner of reco ORDAIN then proceed forthwith to aba Section 1 Sections 4 860 01 through 4 880 10 are hereby added to the St Louis mon 4'860 06 Asse Park Ordinance Code, which sections year the clerk shall bit the shall read as follows charges for each abatement Section 4 860 01 Declaration of Policy separate lot or parcel to wtu The City Council of the City of St Louis attributable under this ordi Park has determined that the health of council may then spread the c the trees within the municipal hmits Is any portion thereof against the threatened by tree diseases It Is further involved as a special assessm determined that the loss of trees growing Minnesota Statutes Chapter 429 upon pubbc and private property would pertinent statutes, for certlfica substantially depreciate the value of county auditor and collection property within the city and Impair the safety, good order, general welfare and convenience of the pubbc It is declared to be the intention of the Counal to con- trol and prevent the spread of these dis- eases and this ordinance is enacted fur that purpose Section 4 860 02 Public Nuisances De - dared The following are public nuis ances wherever they may be found within the City of St Louis Park (a) Any hving or standing Elm tree or Dart thereof infected to any degree with the Dutch Elm disease fungus Ceras stls Ulmi (Buisman) Moreau ing year along with current tale Section 4 960 07 Spraying a Trees Whenever its determin tree or wood within the city is 1 any disease or insects as deacri bon 4 860 02, the city may order ers of all nearby high value trees and to spray the same with an preventive concentrate in a proved by the City Manager 15 to comply with such an order, may proceed forthwith to take a ate action Spraying activities au by this section shall be cordance with technical and harbors any of the elm bark ions and plans of the Comml beetles $coiytus Multistriatus iEichh i Agriculture, with the approval or Hylurgopipus Ruhpes (Marsh) pnate city officials, and under (b) Any dead Elm tree or part thereof vision of the commissioner and Iu including logs, branches, stumps, fire- whenever possible Notice shall wood or other Elm material, the bark as provided m Section 4 860 05 of which has not been removed Section 4 860 08 Transporting (c) Any living or standing oak tree or Types o/ Wood Prohibited It is part thereof infected to any degree with for any person to transport within the Oak Wilt Disease fungus Ceratocyr- any bark•bearking elm wood or strls Fagacearum tested by disease or insects wi It is unlawful for any person to permit ing obtained a permit from the Ci any pubbc nuisance as defined in this sec- ager, who shall grant such perms bon to remain on any premises owned or the urposes of this ordinance will controlled by him within the, City of St isfied Lows Park Such nuisances shall be abat- Section 4 860 09 Reporting Dl ed in the manner prescribed by this ordi- of Tree Disease Any owner or nance land or any person engaged in t Section 4 860 03 Inspection, Investlga-, ming or removal who becomes a tion and Testing The City Manager shall the existence of a tree disease as cause all premises and places within the in Section 4 860 02 shall report th city to be inspected as often as practice- to the city 'the to determine -whether any condition Section 4 860,10 Interference P described in Section 4,860 02 exists there- on, and to have investigated and tested all reported incidents of such infestation Section 4 880 04 Abatement of Tree Disease Nuisances In abating the nuis- ances defined in Section 4 860 02, the in- fected tree or wood shall be sprayed, removed, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the disease Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans, and with the approval of appropriate city officials Section 4 880 05 Procedure for Remov al of Infected Trees and Wood When It J appears with reasonable certainty that i the infestation defined in Section 4 860 02 exists in any tree or wood in any public or ed City personnel may enter upon premises at any reasonable time out the purposes of this ordlna unlawful for 'any person to prevent, or interfere with city personnel they are engaged m the performa duties imposed by this ordinance Section 2 Penalty Any person lates this ordinance is guilty of a meanor and may be punished by a not to exceed 5300 00 or by impri for not to exceed 90 days, or both Section 3 Effective Date This nance shall take effect fifteen days its pubbcatlon Adopted by the City Council Oct 1971 s/ FRANK J HO Attest s/ EARL E HANSON City Clerk Reviewed for administration CHRIS CHERCHES City Manager Approved as to form and legality s/ WAYNE POPHAM City Attorney (Oct 7, 19711—SLP • • ORDINUCE NO. e "‘ L; " s • imblished Date Effective Date Code Pint' -rgnoe, _ Affidavit of Publicationt;, ST. LOUISPARKCfUN St. Louis Park, Minnesota In The Matter Of 1111 • •