The URL can be used to link to this page

Home My WebLink About2257-03 - ADMIN Ordinance - City Council - 2003/11/17• • ORDINANCE NO. 2257-03 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO TREE REMOVAL AND TRIMMING, AMENDING ST. LOUIS PARK ORDINANCE CODE CHAPTERS 12 AND 34 THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. Sections 34-51 through 34-61 are amended to read as follows: DIVISION 2. CONTROL OF DISEASED, HAZARDOUS AND FALLEN TREES Sec. 34-51. Declaration of policy. The city council 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, the existence of hazardous trees, the failure to dispose of downed trees and the existence of limbs over streets and sidewalks substantially depreciates the value of property within the city and/or 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 these conditions, and this division is enacted for that purpose. (Code 1976, § 6-201) Sec. 34-52. Public nuisance declared. The following are public nuisances wherever they may be found within the city: (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 (Marsh) or Hylurgopinus rufipes (Eich.). (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. (3) Any living or standing oak tree or part thereof infected to any degree with the oak wilt disease fungus Ceratocyrstris fagacearum. 0 (4) Any fallen tree or tree limb located on a street, sidewalk or boulevard. Ordinance No. 2257-03 -2- (5) All limbs of trees which are less than twelve feet above the surface of any street or sidewalk. (6) Any tree or portion of a standing tree which is determined to be a hazardous tree by the City Forester because it endangers the public health, safety or welfare. It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned by the person or upon any public boulevard or similar public property alongside the traveled portion of a street or alley abutting the private property owned by the person. Such nuisances shall be abated in the manner prescribed by this division. (Code 1976, § 6-202) Cross reference(s) - - Nuisances, § 12-31 et seq. Sec. 34-53. 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 34-52 exists thereon, and to have investigated and tested all reported incidents of any infestation. (Code 1976, § 6-203) Sec. 34-54. Abatement of tree nuisances. In abating the nuisances defined in section 34-52, any 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. (Code 1976, § 6-204) Sec. 34-55. Procedure for removal of tree nuisances When it appears with reasonable certainty that any nuisance defined in section 34- 52 exists, the owner shall be notified and ordered to remove the nuisance 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. If 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. Removal of any tree includes removal of the stump to eight (8) inches below grade and surface roots. (Code 1976, § 6-205) Ordinance No. 2257-03 -3- Sec. 34-56. 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 division. The council may then spread the charges or any portion of the charges against the property involved as a special assessment under M.S.A. ch. 429, and other pertinent statutes, for certification to the county auditor and collection the following year along with current taxes. (Code 1976, § 6-206) Sec. 34-57. Spraying and pruning trees. Whenever it is determined that any tree or wood within the city is infested by any disease or insects, as described in section 34-52, the city may order the owners of all nearby high value trees to prune and to spray the trees 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 34-55. (Code 1976, § 6-207) Sec. 34-58. Transporting certain types of wood. It is unlawful for any person to transport within the city any bark -bearing elm, wood or wood infested by disease or inspects without having obtained a permit from the city, which shall grant such permits when the purposes of this division will be satisfied. (Code 1976, § 6-208) Sec. 34-59. 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 34-52, shall report the existence of such disease to the city. (Code 1976, § 6-209) Sec. 34-60. Interference. City personnel may enter upon private premises at any reasonable time to carry out the purposes of this division. 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 division. Ordinance No. 2257-03 -4- Sec. 34-61. Oak and elm trimming. No person shall trim any oak or elm tree from May 1 to July 31 of each year, except for safety or in conjunction with building activity on the site. Section 2. Section 34-86 is amended to read as follows: Sec. 34-86. Removal or injury to trees. No person shall remove, destroy, cut, deface or in any way injure or interfere with any tree or shrub on any of the avenues, streets or public grounds, including parks and parkways of the city, without a permit from the director. (Code 1976, § 6-226) Section 3. Section 12-34(1) is amended to read as follows: (1) All limbs of trees which are less than twelve feet above the surface of any street or sidewalk. Section 4. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and publication. Reviewed for Administration: Attest: Adopted by the City Council November 17, 2003 Approved as to Form and Execution: vv\ -4+ City Attorney • • STATE OF MINNESOTA) SS newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendnckson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Sailor , and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn Stat §331A 02, §331A 07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks, it was first published on Thursday, the 27 day of November , 2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2003, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and pub abcdefghgklmno City of St. Louis Park SUMMARY ORDINANCE NO. 2257.03 AN ORDINANCE RELATING TO TREE REMOVAL AND TRIMMING, AMENDING ST. LOUIS PARS ORDINANCE CODE CHAPTERS 12 AND 34 The ordinance requires homeowners to pay for the removal of dead or diseased trees and stump removal on the boule- vard through a licensed contractor In addition to this or- dinance; the council also adopted a resolution stating that the city will continue to subsidize the cost to the home- owner at 50% for calendar year 2004 This ordinance shall take effect 15 days after publication Adopted by the City Council November 17, 2003 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk - (Nov 27, 2003)A3/Ord2257-03 Subscribed Qand sworn to r affirmed Ifefore me on this 077 day of Q U , X003 Nota JAI (1.1)y v�Public 1 e-) MERIDEL M HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1.31.2005 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2 85 Der line $ 6 20 per line 1 40 per line