City Council Ordinance 495CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 495
AN ORDINANCE AMENDING TITLE 8, CHAPTER 3 OF THE MONTICELLO CITY
ORDINANCE RELATING TO TREES AND SHRUBS
THE MONTICELLO CITY COUNCIL ORDAINS AS FOLLOWS:
Section 1. The following provisions of Title 8, Chapter 3 of the Monticello City Ordinance shall
be amended to read as follows:
8-3-2: PROHIBITED TREES: It is lawful to plant only the Vanguard Elm species of
elm trees within the city limits. The Vanguard Elm is a Dutch Elm Disease
resistant tree.
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. He 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.
(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 and Emerald Ash Borer and is undertaken at
the recommendation of the Commissioner of Agriculture and the
Council in the conduct of this program.
(C) Nuisance Declared: The prevention, control and abatement of Dutch
Elm disease and Oak Wilt disease and Emerald Ash Borer insect 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).
(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.
(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 shall be promptly investigated.
(F) Entry on Private Premises: The Forester or his duly authorized agents
may enter upon private premises at any reasonable time for the purpose
of carrying out any of the duties assigned him 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.
(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.
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 or the
Emerald Ash Borer. 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.
(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. The notice shall also state
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
twenty (20) days after receipt of notification, the City Council, its
officers, employees and agents shall proceed to have such nuisance
properly abated or eliminated.
(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.
(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 a other city taxes.
(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 shall notify the property owner
by certified mail 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 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 or Emerald Ash Borer. 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
the cost of abatement of shade tree disease nuisance with the property owners.
If the City is contracted for the tree removal, a credit of half (1/2) the cost of
removal up to $225 per tree will be given with the property owner responsible
for the remaining cost of removal plus sales tax.
Section 2. This Ordinance shall become effective immediately upon its passage and publication.
Adopted by the Monticello City Council this 26th day of January, 2009.
ATTEST:
Jeffs, City Administrator
Brian Stumpf, Acting Qor