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Public Notice ORDINANCE NO. 179. THIRD SERIES

Public Notice

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

that purpose.

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-

cer.

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-

clared.

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-

ic disease.

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-

es.

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

Elm Wood.

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-

low]

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

June, 2010.

ATTEST:

____(signed)____

Bradley A. Swenson

City Administrator

____(signed)____

Wayne Wolden Mayor

118555-1097641 6/12/10

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