Loading...
City Council Ordinance 661ORDINANCE 661 AMENDING CITY CODE OF ORDINANCES — TITLE 8, CHAPTER 3 TITLED TREE AND SHRUBS CHAPTER 3 TREES AND SHRUBS SECTION: 8-3-1: Purpose 8-3-2: Prohibited Trees 8-3-3: Order to Treat or Remove 8-3-4: Regulations for Planting in Public Places 8-3-5: Requirements Applicable to Trees in New Subdivisions 8-3-6: Shade Tree Disease and Insect Control 8-3-7: Abuse or Mutilation PURPOSE: It is the purpose of this chapter to protect and promote the public health, safety, and general welfare of the people of the city by regulating the planting and maintenance of trees in order to protect trees and to prevent and abate hazardous and nuisance conditions within the city. 8-3-2: PROHIBITED TREES: It is lawful to plant only the Nla-a uar- El- ;ea of el t,.eec, highly disease resistant elm species within the city limits with the approval of the City Forester. The Va-mg ar- E'n16 a Du 1.m Diose fess sant tfee (#29, 5/9/77) (#495, 1/26/09) 8-3-3: ORDER TO TREAT OR REMOVE: The City may order the trimming, treatment, or removal of trees or plants upon public or private property when they shall determine that such action is necessary to the public safety or necessary to prevent the spread of disease or of insects harmful to trees and shrubs. 8-3-4: REGULATIONS FOR PLANTING IN PUBLIC PLACES: (A) No tree shall be planted or placed on public property or right-of-way without the approval of the City Forester. (B) Permits: No person shall plant or remove trees or shrubs in public places without first filling out an application and obtaining a permit from the City. 2. The following provisions apply to the issuance of permits where required for planting in public places: (a) Application Data: The application required herein shall state the number of trees or plants to be planted or set out, the location, and specific name of each tree or plant. (b) Standards for Issuance: A permit shall be issued if it is found that the proposed plantings will be in the best interest of the community. 8-3-5: REQUIREMENTS APPLICABLE TO TREES IN NEW SUBDIVISIONS: (A) In new subdivisions, on lots with frontage on a single right-of-way, it is required that two (2) trees be planted per platted lot if no trees are in existence. For lots with frontage on more than one right-of-way, it is required that four (4) trees be planted per platted lot if no trees are in existence. Two (2) trees must be planted in the boulevard adjoining each yard having street frontage. (#287, 3/24/97) (#267, 3/27/95) (B) In subdivision plantings, not less than two (2) or more than three (3) species of trees shall be planted in any block, and neither less than twenty percent (20%) nor more than fifty percent (50%) of the total trees planted in a block may be of the same species. Only trees listed in Section 8-3-2 of this chapter shall be planted (C) Required trees shall be planted in the boulevard at a location ranging from 4 ft. to 10 ft from the curb. Precise location within this range to be determined by the City. (#287, 3/24/97) (#267, 3/27/95) (D) Required subdivision trees must have a trunk diameter of at least two inches (2") at one foot (1') above the ground. (E) Required subdivision trees must be protected and supported by tree guards of approved type. (F) No required subdivision tree shall be planted in soil too poor to ensure the growth of such tree unless twenty-seven (27) cubic feet (3'x3'x3') of soil is removed and replaced with suitable loam. 8-3-6: SHADE TREE DISEASE AND INSECT CONTROL: (A) Forester Duties: The powers and duties of the City Forester as set forth in this code are hereby conferred upon the Park Inspector. It is the duty of the Forester to coordinate, under the direction and control of the Council, all activities of the municipality relating to the control and prevention of Shade Tree disease. Re The City Forester- shall recommend to the Council the details of a program for the control of Shade Tree disease and perform the duties incident to such a program adopted by the Council. (#495, 1/26/09) (B) Program: It is the intention of the Council of Monticello to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes 1961, Section 18.022. This program is directed specifically at the control and elimination of Dutch Elm disease fungus, elm bark beetles, oak wilt, Emerald Ash Borer and other tree diseases; and is undertaken at the recommendation of the Commissioner of Agriculture and the Council in the conduct of this program. (#495, 1/26/09) (C) Nuisance Declared: The prevention, control and abatement of Dutch Elm disease, and Oak Wilt disease, and Emerald Ash Borer and other inseet tree diseases is necessary for the protection, preservation and conservation of public and private lands and the investment and benefit therein, and to protect and promote the general welfare of the public and this community Therefore, the following conditions are hereby found and declared to be a public nuisance wherever they exist in the City of Monticello. 1. Any living or dead Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Certatocystits ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichhh) or Hylugropinus rufipes (Marsh). 2. Any dead Elm tree or part thereof, including logs, branches, stumps, firewood, or other Elm material from which the bark has not been removed or burned. 3. Any living or dead oak tree or part thereof infected to any degree with the oak wilt fungus (ceratocytis fagacearum). 4. Any living or dead Fraxinus spp tree or part thereof infected to any degree with the insect Emerald Ash Borer (Agrilus Planipennix) or any other tree species infected with a disease. (#495, 1/26/09) (D) Prohibition. It is unlawful for any person to permit any public nuisance as defined in (C) 1, 2, 3 and 4 to remain on any premises owned or controlled by such person within the City of Monticello. Such nuisances may be abated in the manner prescribed by this Chapter. (#495, 1/26/09) (E) Inspection and Investigation: The Forester shall inspect all premises and places within the city as often as practicable to determine whether any condition declared in (C) to be a public nuisance exists thereon. All reported incidents of infestation of Dutch Elm fungus, the presence of elm bark beetles, of infection by the oak wilt fungus or the presence of Emerald Ash borer or other tree infestations shall be promptly investigated. (#495, 1/26/09) (F) Entry on 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 hiiR under this chapter. (G) Diagnosis: The Forester shall, upon finding conditions indicating Dutch Elm disease or other infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in (J), no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. (#495, 1/26/09) (H) Abatement Generally: No action to remove, destroy and dispose or require the removal, destruction and disposal of elm trees, wood infected with Dutch Elm fungus, oak trees infected by oak wilt fungus or Fraxinus spp (ash) trees or Fraxinus spp, (ash) wood harboring Emerald Ash Borer shall be taken until a reasonably certain diagnosis of the disease has been made. When such reasonably certain diagnosis has been made, the infected tree or wood shall be removed, destroyed and disposed of in a manner which will effectively destroy and prevent as fully as possible the spread of the Dutch Elm or oak wilt disease fungus, or the spread of Emerald Ash Borer populations or other tree diseases will be handled by the recommendations of the Commissioner of Agriculture. 1. Presence of Elm Bark Beetles or Emerald Ash Borer: When the presence of elm bark beetles has been discovered in or upon any living elm tree but the presence of Dutch Elm disease fungus is not then or thereafter diagnosed, the tree shall be treated in a manner which will effectively destroy and prevent as full as possible the spread of the elm bark beetle. When the presence of Emerald Ash Borer has been discovered in or upon a living Fraxinus (ash) tree, the tree shall be treated in a manner which will effectively destroy and prevent as full as possible the spread of the Emerald Ash Borer. If such treatment is not or, because of the extent of infestation, cannot be effective, the tree shall be removed, destroyed and disposed of. 2. Dead Elm or Fraxinus (ash) Trees, Logs, Stumps, etc.: Standing dead elm trees, elm logs, branches, stumps, firewood or other raw material from which the bark has not been removed and which are not infected with Dutch Elm disease fungus, shall have the bark removed, destroyed and disposed of or shall be treated in a manner which will effectively destroy and prevent as fully as possible the spread of the elm bark beetle, ewe Emerald Ash Borer or other diagnosed tree diseases. If such treatment is not effective, or, because of the extent of infestation, cannot be effective, the trees, logs, branches, stumps, firewood or other raw elm material shall be removed, destroyed and disposed of. 3. Specifications and Procedures: The City Forester shall establish specifications and procedures for the removal, destruction and disposal of trees and wood infected with Dutch Elm disease fungus, Oak Wilt fungus or Emerald Ash Borer for treating live elm or Fraxinus (ash) tree infested with elm bark beetles or Emerald Ash Borers, and for removing, destroying and disposing of elm or Fraxinus (ash) trees, logs, branches, stumps, firewood and other raw elm material. Such specifications and procedures shall be consistent with current specifications and procedures designated or approved by the Commissioner of Agriculture. (#495, 1/26/09) (I) Abatement on Private or Government Property: Whenever a nuisance as defined in (C) is found to exist on private property outside any public way in the city, or upon property owned and controlled by a governmental unit other than the city, the owner or person in control of such property shall be notified in writing by registered mail or by personal delivery, that such condition exists. Once the letter is received by the property owner, it is their responsibility to contact the Public Works Department and arrange actions for removal. The notice ohall aloa states that if such nuisance is not abated by the owner or person in control of such property within twenty (20) days after receipt of such notice, in the manner prescribed by the City Forester, the city by and through its City Council may enter upon the premises and abate the nuisance. If the owner or person in control of any private premises upon which such a nuisance exists does not abate or eliminate the same within twent�, thirty (2.0 3 0) days after receipt of notification, the City Council, its officers, employees and agents shall proceed to have such nuisance properly abated or eliminated. (#495, 1/26/09) (J) Abatement on City Property: Nuisances as defined in (C) which exist upon property owned or controlled by the city, including public street right of way, shall be abated or eliminated by the City Council forthwith in accordance with established specifications and procedures. (#495, 1/26/09) (K) Cost of Abatement: If, pursuant to section (I), the City Council orders the removal or abatement of such nuisance, the City Forester shall report the cost of the removal or abatement to the Council and the expense thereof plus an amount determined by the City Council to reimburse the City for its cost of inspection and eradication shall be assessed by the Council upon the lot or lots on which the nuisance was located, notice being first given by publication in the official paper of the time and place that such assessment shall be made. The assessment procedure shall be as prescribed by Minnesota Statutes Section 429.101 and said assessment shall be a lien on the lot or lots and shall be returned and collected in the same manner as other city taxes. (#492, 1/26/09) (L) Procedures for Removal of Infected Trees and Wood: 1. Whenever the forester finds with reasonable certainty that infestation defined in (C) exists in any tree or wood in any public or private place in the city, he shall proceed as follows: (a) If the forester finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make a written report of his findings to the Council which shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes Chapter 429, or (2) abating the nuisance as provided in 2 of this section. (b) If the forester finds that danger of infestation of other elm trees is imminent, he the forester shall notify the property owner by eei4ified mail and/or by leaving notice at the property and that the nuisance will be abated within a specified time, not less than 5 days from the date of mailing of such notice. The forester shall immediately report such action to the Council; and after the expiration of the time limited by the notice, he the forester may abate the nuisance. 2. Upon receipt of the forester's report required by 1, part (a), the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once not less than one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. 3. The forester shall keep a record of the costs of abatements done under this section and shall report monthly to the City Clerk all work done for which assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amount chargeable to each. 4. On or before September 1 of 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 Section 420.101, and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. The City Council of Monticello has determined that the health of the trees within the municipal limits is threatened by a fatal disease known as Dutch Elm disease, oak wilt., er Emerald Ash Borer or other fatal tree disease. It has further determined that the loss of these 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 this disease, and this ordinance is being enacted for that purpose. It is declared to be the intention of the Council to establish a policy for sharing in the cost of replacement tree(s) in the amount of up to $50.00 per property sharing east of aba4ement of shade tree disease ' - - - With the PFE)Pefty . if the { ity is eo tr-aeted titer the tree rem eya n efed t o f half (1/2) the ` est of rem eya i p to �,/1 {.� lv VV.}l�l..{.1 �.{Vi{�V�.L 1V1 1.11V {.1 VV 1 V11}1�V V' I.il, l.l. Vl V�.►l1.17Z�1 �- __ -Ver L i �"V��,7T7 V� eGTrOTi�ZC rL77e v�r�v�ertc� epi �v�er rectiv�onoiblo f k eost ofremeya plus unlet. tax. (#495, 1/26/09) (M) Spraying Elm Trees: Whenever the forester determines that any elm tree or elm wood within the city is infected with Dutch Elm fungus, he the forester- may spfy treat all nearby high value elm trees with an effective elm bark beetle destroying concentrate. Spray Treating activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his agents whenever possible. (N) Transporting Elm Wood Prohibited: It is unlawful for any person to transport within the city any bark -bearing elm wood without having obtained a permit from the forester. The forester shall grant permits only when the purposes of the chapter will be served thereby. (0) Interference Prohibited: No person shall prevent, delay, or interfere with the forester or his the foresters agents while they are engaged in the performance of duties imposed by this chapter. 8-3-7: ABUSE OR MUTILIATION: No person shall (A) damage, cut, carve, kill, or injure the bark of any tree or plant on any public property; (B) attach any rope, wire, or other contrivance to any tree or plant on public property; (C) dig in or otherwise disturb public grass areas, or in any other way injure or impair the natural beauty or usefulness of any area or public property; (D) cause or permit any wire charged with electricity or any gaseous, liquid, or solid substance harmful to trees or plants to come in contact with them. ADOPTED by the City Council of the City of Monticello, Minnesota, this 13th day of February, 2017. CITY OF MONTICELLO Brian Stumpf, Mayo ATTEST: Jeff City Administrator VOTING IN FAVOR: Davidson, Fair, Gabler, Hilgart, and Stumpf VOTING IN OPPOSITION: None ABSENT: None.