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HomeMy WebLinkAboutOrdinance No. 2019-08 Amending Chapters 10 and 30 Concerning TreesORDINANCE NO. 2019-08 AN ORDINANCE AMENDING CHAPTERS 10 AND 30 OF THE EDINA CITY CODE CONCERNING TREES THE CITY COUNCIL OF EDINA ORDAINS: SECTION 1. Edina City Code Section 10-82(2)a is amended to provide as follows: (2) Definitions. a. Protected tree means any tree that is structurally sound and healthy, and that meets one of the following: 1. A deciduous tree that is at least eight inches dbh, except box elders, poplar, willow, silver maple, black locust, fruit tree species, ash, and mulberry. 2. A coniferous tree that is at least 20 feet in height. SECTION 2. The Following sections of Chapter 30 Article IV of the Edina City Code are amended to provide as follows: 30-174. - Declaration of policy. The council has determined that the health of din and oak trees tree and plant species within the city is threatened by diseases to these trees,, commonly referred to as "Dutch elm disease" and "oak wilt disease," such diseases being known in scientific terms as "Ceratocystis ulnii" and "Ceratocystis fagaccarum," respectively. It has further determined that the loss of elm and oak trees tree and plant species growing upon public and private property will substantially depreciate the value of property within the city and impair the safety and general welfare of the public. It is declared to be the intention of the city to control and prevent the spread of these diseases, and this article is enacted for that purpose. Sec. 30-175. - Tree inspector. The position of tree inspector is hereby created within the city pursuant to Minn. Stats. § 18G.13, subd. 5 to carry out the provisions of Minn. Stats. § 18G.13. The city manager is directed to employ or retain on a continuing basis a suitably qualified person as tree inspector, who shall be certified as a tree inspector by the state commissioner of agriculture. It is the duty of the tree inspector to coordinate, under the direction and control of the council, all activities of the city relating to the control and prevention of Dutch elm disease and oak wilt disease tree and plant pests. The tree inspector shall recommend to the council details of the program for the control of such diseases, and perform the duties incident to such a program adopted by the council. Sec. 30-176. — Control program. It is the intention of the city to conduct a program of plant pest control pursuant to the authority granted by Minn. Stats. § 18G.13. The tree inspector shall develop a program plan in compliance with Minn. Stats. § 18G.13 and the regulations issued pursuant thereto, for the identification and control of diseased elm and oak trees tree and plant pests, and shall be responsible for the making and maintenance of all records and reports related to the program. The tree inspector shall act as coordinator between the state commissioner of agriculture and the city in the conduct of this program. Sec. 30-177. - Nuisances declared. The following are public nuisances, wherever they may be found within the city: (1) Live infected trees. Any elm tree infected with Dutch elm disease, or any oak tree infected with oak wilt disease; plant pests that are likely to cause economic or environmental harm or harm to human health; and (2) Dead infected wood. Any dead clm or oak tree generally infested tree or plant or part thereof, including logs, branches, stumps and firewood or other material from which the bark has not been removed. Sec. 30-178. - Abatement. It is unlawful for any person to permit any public nuisance, as defined by section 30-177, to remain on any premises or boulevard owned or controlled by that person within the city. Such nuisances may be abated in the manner prescribed by this article. Sec. 30-179. - Inspection and investigation. The tree inspector shall inspect all premises and places within the city as often as practicable to determine whether any nuisance, as described in section 30-177, exists. The tree inspector shall investigate all reported incidents of infestation by Dutch elm fungus of elm bark beetles or oak wilt. plant pests that the council finds may cause significant damage or harm to the city's economy, environment, or harm to human health. The tree inspector 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 the tree inspector under this article. The tree inspector, upon finding conditions indicating Dutch elm dis se or oak wilt disease infestation diseased or infested trees, may send appropriate samples to the state diagnostic laboratory for• diagnosis, as may be recommended by the state commissioner of agriculture. Sec. 30-180. - Abatement and spraying injecting of shade tree disease nuisances. In abating, or ordering the abatement of, the nuisances defined in section 30-177, the tree inspector shall cause or order the infected tree or wood to be sprayed injected, removed, burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the diseases. Such abatement procedures shall be carried out in accordance with prescribed methods approved by the state commissioner of agriculture. Whenever the tree inspector determines that any elm or oak tree or elm or oak wood tree or plant within the city is infected with Dutch elm or oak wilt disease or infested with a_plant pest, the tree inspector may spray treat all nearby elm or oak trees with an effective pesticide. Spraying Injectionactivities authorized by this article shall be conducted in accordance with the technical and expert opinion and plans of the state commissioner of agriculture and under the supervision of the state commissioner or agents of the commissioner whenever possible. Sec. 30-199. — Public streets or boulevards. Whenever the tree inspector finds, with reasonable certainty, that a nuisance, as defined in section 30-177, exists in any tree or wood within a public street or boulevard in the city, the tree inspector shall notify the abutting property owners by mail of the infestation, and specify a time in which the infestation shall be sprayed injected, removed or otherwise treated by such owner to the satisfaction of the tree inspector. The notice shall also state that if the nuisance shall not have been abated by the owner within the time provided, it will be abated by the city and that the entire cost will be billed to the owner and if not paid shall be assessed against the abutting property under Minn. Stats. § 429.101. Sec. 30-200. — Private property. Whenever the tree inspector finds, with reasonable certainty, that a nuisance, as defined in section 30-177, exists in any tree or wood located on private property in the city, the tree inspector shall notify the owner of the property by mail of the infestation, and specify a time in which the infestation shall be sprayed injected, removed or otherwise treated by the owner. The notice shall also state that if the nuisance shall not have been abated by the owner within the time provided, it will be abated by the city and the entire cost will be billed to the owner, and if not paid shall be assessed against the property under Minn. Stats. § 429.101. SECTION 3. This ordinance is effective immediately upon passage and publication. First Reading: April 16, 2019 Second Reading: Waive Published: Please publish in the Edina Sun Current on: Send two affidavits of publication Bill to Edina City Clerk Sharo lh on, City Clerk `aures A. ovland, Mayor CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foren Ordinance was duly adopted by the Edina City Council at its Regular Meeting of Meeting. , 2019 and as recorded in the Minutes of Said Regular WITNESS my hand and seal of said City this , 2019.