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HomeMy WebLinkAbout1442 - ADMIN Ordinance - City Council - 1979/05/21May 21, 1979 8A ORDINANCE NO. 1442 AN ORDINANCE AMENDING SECTION 6-202(2) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO DIS- EASED TREES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. That Section 6-202(2) of the St. Louis Park Ordinance Code is hereby amended as follows: 1 PART 2 - Trees Disease Control Section 6-201. 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 6-202. Public Nuisance Declared. The following are public nuisances wherever they may be found within the City of St. Louis Park: ( 1) 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). (2) Any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material, the bark of which has not been removed, which is located within the City during the months of April through September of any year. (Sec. 6-202(2) amended by Ord. 1442, May 21, 1979) (3) 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 6-203. 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 6-202 exists thereon, and to have investigated and tested all reported incidents of such infestation. May 21, 1979 101 1 Sec. 2. This ordinance shall take effect 15 days after publication. Adopted by the City Coun 1 May 21, 1979. Revi:wed for a. in�stration: 1,1 Mayo Appr.ved as to form and legality: City A orney 4:AlftE SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota l County of Hennepin SS. �cert. R. L Cr 11 $ cn1 7--ft--114EFGHAY, being duly sworn, on oath says he Is and during all times here stated has been the vice' president and printer of the newspaper known at The St Louis Park Sun and has full knowledge 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 1s 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 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 St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 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 in 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 He further states on oath that the printed Ordinance No. 11&42 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 O asuccessive weeks, that it was first so pubhshed on Wed the 30 day of May 19 ippk and was thereafter printed and published on every to and including the day of 19 and 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 abcdefghijklmnapqrstuvwxyz Subscribed and sworn to before me thic 30 (Notarial Seal) x • CAROLE J. LARSON NOTARY PUBLIC . MINNESOTA HENNEPIN COUNTY My Commission Expires May 10, 1980 day of May , (Official Publication) ORDINANCE NO 1442 AN ORDINANCE AMENDING SEC- TION 6-202(2) OF THE 9T' LOUIS PARK ORDINANCE COO RELAT- ING TO DISEASECI;TREFS THE CITY OF' ST.,VUIS;PARK DOES ORDAIN '1i ,,.,. Sec 1 That Section 6-202.„(2),1 the St Louis Park Ordinance COde.I hereby amended as follows Disease Control Section 6-202 Public Nuisance De- clared The following public public nuisances wherever yfhs ,, may be itb found, witthe Cityf,of Sl Louis Park ( I ) Any living or sten ing elm tree or part thereof infected to anyldegree viithAe Dutch elm disefi'se"`f°ungus Ceralocystis Ulmi (Sgisman) Moreau or which harbors any of the elm bark beetles Scolytus M ultistriatus (Eichh ) or Hylurgopinus Rufipes (Marsh) (2) Any dead elm tree or part thereof including logs, branches, stumps, fir,wood or other elm material; the bark of which has not peen removed, which is located within the City during the months of April through Sep- tember of any year (Sec 6-202(2) amended by Ord 1942, May 21, 1979) (3) Any living or standing oak ' Wee or(,part thereof infected ?lo ally degree with the oak wilt disease fungus Ceralocyrstris Fagacearum It is unlawful for any person to permit any public nuisance as � defined In this section to remain on any premises owned or con- ; trolled by him within the City of St Louis Park Such nuisances shall be abated in the manner prescribed by this ordinance Sec 2 This ordinance shall take effect 15 days after, publica tion Adopted by the City Council May 21, x979 1 Attest (s) 11(�1,M. STERN Mayor (s) Earl E Hanson ,' City Clerk 1. ',1 '' Reviewed for adgii 18tration (s) John W EIKe11 City Manager , Approved as to ford land legal- ity 1 (s) Wayne G Popham City Attorney (May 30, 1979) -SLP . y. File No'` ''= Affidavit of Publication ST. LOUISPARK SUN St. Louis Park, Minnesota In The Matter Of