10.50 - Shade Tree Diseases
9 10.50
Section 10.50: Shade Tree Diseases
Subdivision 1. Purpose
The City Council has determined that the health of the trees within the city limits is
threatened by tree diseases and pests. It has further determined that the loss of
trees growing upon public and private property would impair the safety, good order,
general welfare, and convenience of the public and substantially depreciate the
value of property within the City. It is the intention of the City Council to control
and prevent the spread of these conditions, and this Section is enacted for that
purpose, and to conform to the policies and procedures embodied in Minnesota
Statutes, Chapter l8G, as amended, and rules promulgated thereunder.
Subdivision 2. Tree Inspection Program
The City Manager shall designate a tree inspector or tree inspectors, certified by the
Minnesota Commissioner of Agriculture, who shall administer the Shade Tree Pest
Control Program for Dutch elm disease, oak wilt, and other pests for the City in
accordance with the City ordinances and Minnesota Statutes, Chapter 18G - Plant
and Animal Pest Control, and Minnesota Rules, Chapter 1505 - Department of
Agriculture Pest and Disease Control and subsequent amendments thereto.
Subdivision 3. Shade Tree Nuisances Declared
The following are declared to be public nuisances whenever and wherever they may
be found within the City on private and public property:
A. Any standing or living elm tree or part thereof infected to any degree with
the Dutch elm disease fungus, Ophiostoma ulmi (Buisman) Nannf. and
Ophiostoma novo-ulmi Brasier or which harbors any of the elm bark beetles,
Scolytus multistriatus (Marsham) or Hylurgopinus rufipes (Eichoff). And also,
any dead or dying elm tree, arising from any cause, or part thereof with bark
intact including logs, branches, stumps, or firewood which has not been
disposed of properly.
B. Any living or standing tree or part thereof in the red oak group (red oak, pin
oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus,
Ceratocystis fagacearum (Bretz) Hunt.
C. Also, any living or standing tree in the white oak group (white oak, bur oak,
bicolor oak) that poses a threat of transmission of the oak wilt fungus to
other trees of the same species through interconnected or grafted root
systems.
D. Any tree or shrub that in the opinion of the tree inspector has become or
threatens to become a hazard so as to adversely affect the public health,
safety or welfare, whether such tree or shrub shall be on public or private
property.
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E. Any trees or shrubs with epidemic diseases or pests.
Subdivision 4. Abatement
It is unlawful for any person to permit a public nuisance as defined in Subdivision 3
to remain on any premises owned or controlled by that person within the City. Such
nuisances may be abated in the manner prescribed by this Section.
Subdivision S. Inspection and Investigation
A. Annual Inspection. The certified tree inspector so designated by the City
manager shall inspect all premises and places within the City as many times
as practical or necessary to determine whether any conditions described in
Subdivision 3 exist. The tree inspector shall investigate all reported incidents
of infection or infestation by Dutch elm disease or elm bark beetles, oak wilt
disease, other shade tree disease(s) or pest problem(s), and hazardous trees
and shrubs.
B. Entry upon Private Premises. The tree inspector may enter and inspect any
private or public property at any reasonable time for the purpose of carrying
out the assigned duties specified under this Section. Such inspections will be
preceded by a legal notice published once annually in the City's local (legal)
newspaper informing all property owners within the City to destroy and
dispose of tree materials declared a nuisance by Subdivision 3.
C. Diagnosis. The tree inspector shall, upon finding indications of Dutch elm
disease or oak wilt, take such appropriate steps for diagnosis, including
analysis of twig samples from actively wilting branches by the Minnesota
Department of Agriculture Shade Tree Laboratory, or other diagnostic
laboratories capable of performing such services approved by the Minnesota
Commissioner of Agriculture. Whenever possible, diagnosis will be based
upon accepted field (onsite) symptoms.
D. Hazard Tree Evaluation. The tree inspector shall assess potential hazardous
trees according to the following guidelines as established by the Minnesota
Department of Natural Resources: 1) dead trees and branches, 2) cracks, 3)
weak branch unions, 4) decay,S) poor tree architecture, 6) root problems,
and 7) cankers. A hazard tree has a mechanical defect that is likely to cause
a tree or a part thereof, to fail and said failure has the potential to adversely
affect a target. A target includes, but is not limited to, people, vehicles,
buildings, and property, etc. Trees without targets are not considered
hazards even if they are likely to fail and can be considered beneficial in
habitat protection.
Subdivision 6. Interference Prohibited
It is unlawful for any person to prevent, delay or interfere with the City Tree
Inspector or their agent(s) while they are engaged in the performance of duties
imposed by this ordinance.
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Subdivision 7. Procedure for Abatement and Removal
A. Abatement of Shade Tree Disease Nuisances. In abating the nuisances
defined in this Section, the City Tree Inspector shall cause the infected tree,
shrub or wood to be removed, burned, debarked, and trenched (buried) or
otherwise effectively treated so as to destroy and prevent as fully as possible
the spread of disease or pest. Such abatement procedures shall be carried
out in accordance with current technical and expert opinions and procedures
as may be established by the Commissioner of Agriculture.
B. Procedure for Removal of Infected (or infested) Trees and Wood. Findings:
Whenever the tree inspector finds with reasonable certainty that the infection
or infestation defined in this Section exists in any tree, shrub or wood in any
public or private place in the City, the inspector shall proceed as follows: If
the tree inspector finds that danger of infestation of other trees is imminent,
or a potentially hazardous condition is identified, the property owner shall be
notified by mail that the nuisance shall be abated 20 (twenty) days after
notification. After the expiration of the time limited by the notice, the City
may abate the nuisance, the costs of which will be assessed against the
benefiti ng property.
C. Assessment. The City may assess the charges or any portion thereof against
the property involved as a special assessment under pertinent State statutes
for certification to the County Auditor and collection the following year along
with current taxes.
Subdivision 8. Transporting Infected or Infested Elm and Oak Wood
Prohibited
Whenever the City Tree Inspector finds with reasonable certainty that wood being
transported in the City is infested and/or infected, and constitutes a hazard to the
public, the tree inspector shall have the authority to prohibit such transporting.
Source: Ordinance No. 362, 2nd Series
Effective Date: 1-12-07
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