Public Notice ORDINANCE NO. 179. THIRD SERIES
ORDINANCE NO. 179. THIRD SERIES
AN ORDINANCE OF THE CITY OF
WADENA, MINNESOTA, AMENDING
WADENA CITY CODE CHAPTER 10, ENTI-
TLED "PUBLIC PROTECTION, CRIMES
AND OFFENSES" BY REPEALING CHAP-
TER 10, SECTION 10.60, SUBDIVISION 1
THRU 14 AND ADOPTING CHAPTER 10,
SECTION 10.60, SUBDIVISION 1 THRU 13.
THE CITY COUNCIL OF THE CITY OF
WADENA, MINNESOTA ORDAINS:
Section 1, City Code Chapter 10.60 is
hereby amended so as to read as follows:
SECTION 10.60. SHADE TREE DISEASE
CONTROL AND PREVENTION.
Subd. 1. Declaration of policy.
The City Council determines that the
health of the elm, oak and ash trees within
the city is threatened by fatal diseases
known as Dutch Elm, Oak Wilt, and Emerald
Ash Bore diseases, and other trees may be
threatened by other diseases of shade trees.
The City Council further determines that the
loss of elm, oak and other trees growing
upon public and private property would sub-
stantially depreciate the value of property
within the city and impair the safety, good or-
der, general welfare and convenience of the
public. It is declared to be the intention of the
City Council to control and prevent the
spread of those diseases, and provide for
the removal of dead or diseased trees, as
nuisances, and this section is enacted for
Subd. 2. Definitions.
A. The term "shade tree disease" means
Dutch Elm disease. Oak Wilt disease. Eme-
rald Ash bore or other diseases that may
threaten shade trees.
B. The term "nuisance" means [1) any
living or standing tree infected to any degree
with a shade tree disease; or [2) any logs,
branches, stumps or other parts of any dead
or dying tree, so infected, unless such parts
have been fully burned or treated under the
direction of the Public Works Director or oth-
er designated officer.
Subd. 3. Designated enforcement offi-
It shall be the duty of the Public Works Di-
rector or other officer designated by the City
Council to coordinate, under the direction
and control of the City Council, all
activities of the city relating to the control
and prevention of Dutch Elm disease. Oak
Wilt disease. Emerald Ash bore and other
epidemic diseases of shade trees. The offi-
cer shall recommend to the City Council the
details of a program for the control of diseas-
es, and perform the duties incident to a pro-
gram adopted by the City Council.
Subd.4. Trees constituting nuisance de-
The following are public nuisances when-
ever they may be found within the city:
A. 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 Hylungopinus Rufipes [Marsh};
B. Any dead elm tree or part thereof, in-
cluding branches, stumps, firewood or other
material from which the bark has not been
removed and burned or sprayed with an af-
fective elm bark beetle insecticide;
C. Any living or standing oak tree or part
thereof infected to any degree with the Oak
Wilt fungus Ceratocystis fagacearum;
D. Any dead oak tree or part thereof
which in the opinion of the designated officer
constitutes a hazard, including but not limited
to logs, branches, stumps, roots, firewood or
other oak material which has not been
stripped of its bark and burned or sprayed
with an effective fungicide;
E. Any living or standing ash tree or part
thereof infected to any degree with emerald
ash bore, Ayrdus planipennis; must be dis-
posed of in accordance with Department of
Natural Resources or Minnesota Department
of Agriculture procedures.
F. Any other shade tree with an epidem-
Subd.5. Inspection and Investigation.
As often as practical, the Public Works Di-
rector shall inspect all public and private
premises within the city which might harbor
any plant pest as defined in State Statutes
as it may be amended from time to time, to
determine whether any condition described
in division [Subd. 3.) of this section exists
thereon. The designated officer shall investi-
gate all reported incidents of infestation of
Dutch Elm nmgus, Emerald Ash bore. Elm
bark beetles. Oak Wilt fungus or any other
epidemic disease of shade trees.
Subd. 6. Unlawful Act.
It is a petty misdemeanor for any person to
keep, maintain or permit upon premises
owned by him/her or upon public property
where he/she has the duty of tree mainte-
nance, any nuisance herein defined.
Subd. 7. Enforcement.
The Public Works Director shall have the
power to take all reasonable precautions to
prevent the maintenance of public nuisances
and may enforce the provisions related to
abatement in this section. Diagnosis of
shade tree pests may be made by the pres-
ence of commonly recognized symptoms or
by tests as may be recommended by the
Minnesota Department of Agriculture or the
Minnesota Department of Natural Resourc-
Subd. 8. Entry on private premises.
The designated officer or his or her duly
authorized agents may enter upon private
premises at any reasonable time for the pur-
pose of carrying out any of the duties as-
signed under this section.
Subd. 9. Diseased Trees in Streets.
The rights, duties and responsibilities of
property owners set forth in this Section shall
be equally applicable to, and binding upon
abutting property owners with tree mainte-
nance responsibilities under Section 7.05 of
the City Code entitled "Regulation of Grass,
Weeds and Trees in Streets".
Subd. 10. Abatement of nuisance.
It is a petty misdemeanor for any person to
permit any public nuisance as defined in divi-
sion [Subd. 3.) of this section to remain on
any premises the person owns or controls
within the city. The nuisances may be abated
in the manner prescribed by this section. In
abating a nuisance defined in division (Subd.
3.) of this section, the Public Works Director
shall cause the infected tree or wood to be
sprayed, removed, burned, or otherwise ef-
fectively treated so as to destroy and prevent
as fully as possible the spread of epidemic
diseases such as Dutch Elm disease. Eme-
rald Ash Bore and Oak Wilt disease. The
Public Works Director shall also take other
steps as are necessary to prevent root graft
transmission of the diseases. The abatement
procedures shall be carried out in accor-
dance with current technical and expert opin-
ions and plans as may be designated by the
State Department of Natural Resources or
the Minnesota Department of Agriculture.
Subd. 11. Stockpiling of Bark-bearing
The stockpiling of bark-bearing elm wood
shall be permitted during the period from
September 15 through April 1 of any given
year. Any such wood not utilized by April 1 of
any year must be removed and disposed of
as provided by this Section and the regula-
tions incorporated therein.
Source: Ordinance No. 23, 3rd Series
Effective Date: 06-18-1981
Subd. 12. Procedure for the removal of
infected trees and wood.
A. Action by the designated officer.
Whenever the Public Works Director finds
with reasonable certainty that the infestation
defined in division [Subd. 3.) exists in any
trees or wood in any public or private place
in the city, the Public Works Director shall in
writing notify the owner of the existence of a
nuisance, which notice shall state that the
owner has 30 days to abate the nuisance
and avoid city action. If within the 30-day pe-
riod the property owner has not abated the
nuisance, the Public Works Director shall
take action to remove and dispose of the nui-
sance at the owner's expense, [see C. be-
B. Record. The Public Works Director
shall keep a record of the costs of abatement
done under this section and shall report to
the City Administrator all work done for
which assessments are to be made, stating
and certifying the description of the land,
lots, parcels involved, and the amount
chargeable to each.
C. Assessment. On or before September
1 of each year, the City Administrator shall
list the total unpaid charges for each abate-
ment against each separate lot or parcel to
which they are attributable under this sec-
tion. The City Council may then spread the
charges or any portion thereof against the
property involved as a special assessment
under MN Stat. #429.101, as it may be
amended from time to time, and other perti-
nent statues for certification to the County
Auditor and collection the following year
along with the current taxes.
Subd. 13. Interference prohibited.
It is unlawful for any person to prevent, de-
lay or interfere with the Public Works Direc-
tor or his or her agents while they are en-
gaged in the performance of duties imposed
by this section. However, it is a defense to
prosecution under this division [Subd. 9.)
that the interference alleged consisted of
constitutionally protected speech only.
Adopted by the City Council this 8th day of
Bradley A. Swenson
Wayne Wolden Mayor