HomeMy WebLinkAboutNo 358 Amending the Municipal Code of City of Maplewood by Adding a New Chapter 506 Control of Dutch Elm DiseaseORDINANCE NO. 358
A.0 ORDINANCE AMENDING TETE MUNICIPAL CODE. OF
CITY OF MAPLEWOOD BY ADDING A NEW CFAPTER 506
CONTROL OF DUTCH ELM DISEASE
The City Council of the City of Maplewood does hereby ordain as
follows:
Sio
#A5. CONTROL OF DUTCH ELM DISEASE.
tic, ago
@Q.OIA. Program of Plant Pest Control. The City `!anger and those
agents appointed by him are hereby empowered to conduct a program of plant pest
control pursuant to authority granted by Minnesota Statutes, Section 18.022. The
program is directed specifically at the control and elimination of Dutch rl.m
disease fungus and elm bark teeties and other epidemic diseases of shade trees.
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50620. Inspection and Investigation. The City Tanager or his agents
(1) shall inspect all premises and places within the city as often as practicable
to determine whether any condition described in Section .506-.010 of this ordina":,e
O. 3
exists thereon. He shall SmP-a[ii!9te all reported incid nta n� infestation by
Dutch T.In fungus or elm hark beetles ar Any other epidemic diseases of shade
trees; (2) may Pater upon private premises at any reasonable time for the pur-
pose of carrying out any of the duties assigned them under this ordinance:. and
(3) shall upon finding conditions indicating Dutch Elm infestation or other
epidemic diseases of shade trees, 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.
506.030. Nuisances Declared. The following, are hereby declared public
nuisances whenever they may he found within the City:
(1) Any living or standing Elm tree or part thereof infected
to any degree with the Dutch Elm disease fungus Caratoeystis
Ulmi (huisman) Moreau or which harbors any of the elm bark
beetles Scolytus Multistriatus (richh.) or l?ylurgopinus
Rufipes (Marsh);
(2) Amy dead Elm tree or part thereof, including lugs,
branches, stumps, firewood or other Elm material from
which the bark has not been removed and burned or treated
with an effective Elm bark beetle insecticide: and
(3) Other shade trees with epidemic diseases of shade trees.
It is unlawful for any person to permit any public nuisance, as herein
defined, to remain on any premises owned or controlled by him with the City.
>T- s v;
556.040. Procedure for Removal of Infected Trees and Wood. Whenever
the City Manager or his agents find with reasonable certainty that the infesta-
tion, as defined in Section 506.030, exists in any tree or wood on any public
or private place in the City tie shall notify the property owner and the person
in possession if different from the owner on which such tree or wood stands by
Certified *tail, or personal service, that the nuisance must be abated within a
specified time, not less than five days from the date of mailing such notice,
or from the date of service. If the owner, or occupant, shall fail to remove
the infected tree or wood from his or her property within the time specified in
said notice, the City Manager may order the work done either by the City's
employees or by contract, and the cost of said work shall be billed against the
owner, or occupant.
30"50. Assessment for Nuisance Abatement. If the owner, or occupant
shall fail to pay the bill, as provided for in Section 5 "�?, within thirty
days, the Council may then assess the amount due, plus interest, against the
property as a special assessment under `tinuesota Statutes.
1, - eE-
5Bfn'060. Treating Elm Trees. k'henever the City Mansger or his agents
determine that any elm tree or elm wood within the City is infected with Dutch
Elm fungus, he may treat all nearby high value elm trees with an effective elm
bark beetle destroying concentrate. Treating activities authorized by this
Section shall he 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 w?:enever possible. The notice provisions of Section
3 E50�i0 apply to treating operations conducted under this Section.
-5eh @7e: 1Yanseortin,,^Elm Wood Prohibited. It is unlawful for any
person to transport within the City and barkbearing elm wood, which is known
by the City '.tanager, or his agents, to be infected or suspected of being
infected without having obtained a permit from the City ',tanager, the City
Aanager shall grant such permits only when the purposes of this Ordinance will
he served thereby.
S10o so
506.,W. Interference Prohibited. It is unlawful for any person to
prevent, delay or interfere with the City Manager or his agents while thev are
engaged in the performance of duties imposed by this Ordinance.
This ordinance shall be enforced and take effect from and after its
adoption and publication as is required by law.
Passed by the City Council of Maplewood, Minnesota
Chia 21st day of February 1974.
'-tar y of City of Asinlewood �—
Attest:
�City' Clerk Ayes - 5
1ays - 0
ORDINANCE NO. 358
ORDINANCE THE MUNICIPAL
CO
CODE OF CITY OF MAPLEWOOD 8Y ADDING A
OF MAPLEW
f"� Ci
AFFIDAVIT
FFID A VIT OF PUBLICATION
NEW CHAPTER 510 CONTROL OF DUTCH ELM
DISEASE
The City Council of the City of Maplewood does
hereby ordain as follows:
510. CONTROL OF DUTCH ELM DISEASE.
510.010 Program of Plant Pest Control. The City#tt#Q
Manager
of7R[7 txt�T.T:�1
and those agents appointed by him are hereby
C'_
empowered to conduct a program of plant pest control
Pursuant to authority granted by Minnesota Statutes,
Section 18.022. The program is directed specifically
County Of Ramsey
at
the control and elimination of Dutch Elm disease fungus
and elm bark beetles and other epidemic diseases of
�7 Lillie
.Aa Theo. Lillie
shade trees.
.........................................................................................,being duly sworn, on oath says
510.020. Inspection and Investigation. The City
Aset. Publishes
Manager or his agents (U premises and shall inspect all
he is and during all the times herein stated has been the ................................................................
Places within the city as often as practicable to deter
mine whether any condition described in Section 510.030
. . . I . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . • . . . . . . . . . publisher and printer of he newspaper known as Maplewood Review,
of this ordinance exists thereon. He shall investigate all
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed- in the
reported incidents of infestation by Dutch Elm fungus
English language in newspaper format and in column and sheet form equivalent !it printed space to at
or elm bark beetles or any other epidemic diseases of
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week.
shade trees; (2) may enter upon private premises at
(3) Said newspaper has 50 percent of its news columns devoted to news of local interest 4o the com-
any reasonabletime for the purpose of carrying out any
munity which it purports to serve and does not wholly duplicate any other publication and is not made
of the duties
of the duties assigned them under this ordinance: and
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near
findingassigned
conditions indicating Dutch Elm
the municipality which it purports to serve, has at least 500 copies regularly delivered to paying
infestation or other epidemic diseases of shade trees,
spews of
subscribers, has an average of at least 75 percent of its total circulation. currently paid or no more than
immediately send appropriate oret
Samplespurports
three months in arrears and has entry as second-class matter in its local cost -office. (5) Said newspaper
to serve the Village of Maplewood in She County of Ramsey and it has its known office
to the Commissioner of Agriculture for analysis, or take
such other steps for diagnosis as may be recommended
of issue in the Village of North St. Paul in said county, established and open during its regular
by the Commissioner.
business hours for the gathering of news, sale of advertisements and sale of subscriptions and main -
510.030 Nuisances Declared. The following are hereby
tained by the publisher of said newspaper or persons in his employ and subject to his direction and
declared public nuisances whenever they may be found
control during all such regular business hours at which said newspaper Is printed. (6) Said news -
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
within the City:
0) Any living or standing Elm tree or thereof
complied with all the foregoing conditions for at least two years preceding the day or dates of publi-
below.
part
infected to any degree with the Dutch Elm disease
cation mentioned (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary
fungus Ceratocystis ulmi(Buisman) Moreau or which
harbors
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
any of the elm bark beetles Scolytus
Multistriatus (-Eichh.) or Hylurgopinus Rufipes
(Marsh);
a legal newspaper.
Ordinance -No. 3%
He further states on oath that the printed .......... ....................................................
(2) Any dead Elm tree or part thereof, including lugs,
branches, stumps, firewood or other Elm material from
which the bark has not been removed
..................................................... I ........ hereto attached as a part hereof was cut from the columns
and burned or
treated with an effective Elm bark beetle insecticide;
of said newspaper, and was printed and published therein in the English language, once each week, for
and
(3) Other Shade trees with epidemic diseases of shade
0:1........... }.'1...
........ successive weeks; that It was first so publ ished on Wednesday the .. .
trees.
Itis unlawful for any person to permit any public
lam- G
day of ......................... ..
.....................Of19..,.:�nd was thereafter printed and pub -
nuisance, as herein defined, to remain on any premises
owned or controlled by him with the City,
lished on every Wednesday to and including Wednesday the . ................ day of ................................... .
510.040 Procedure for Removal of Infected Trees and
Wood. Whenever the City Manager or his agents find
with reasonable
. . • • • . 19.... and that the following is a printed copy of the lower case alphabet
certainty that the infestation, as
defined in Section 510.030 exists in any tree or wood on
from A to Z, both inclusive, and is hereby acknowledged as being The size and kind of type used in
the composition and publication of said notice, towit:
any public or private place in the City shall notify the
property owner and the person in Possession
sion if different
abcdefghijklmnopgrstuvwxya -
from the owner on which such free or wool stands
Certified Mai
Mail, or personal service, that the nuisancece
a � -
Z
must be abated within a specified time, not less than
five days from the date of mailing such
...................
"'"' """""""""' "'-""' ""' """""'
notice, or from
the date of service. If the owner, or occupant, shall fail
to remove the infected tree or wood from his or her
Property within the time specified in said notice, the
City Manager
QV41a, — �A
Subscribed and sworn Po before meth is.�..?.4=a of a.°'aa ..t......... ...... 19.. .
y ...,.:....... .. ..
may order the work done either by the
City's employees or by contract, and the cost of said
a �� 1
"' •' "r""` """"'-"""""""
work shall be billed against the owner, or occupant.
510.050 Assessment for Nuisance Abatement. If the
owner,
9EATRIC �;, _ 1GHT
Notary public, .......... Cci g�ty, Minnesota
oroccupanIshalIfaiIto Pay
':Outliy, 1l!Inrt.
for in Section 510.040 within thirty h'el Councillvmay-
then assess the amount due,
My Commission Expires .j5+ly. a �rxlls!o �•�xpi.sepE..6 1978- 19....
plus interest, against the
Property as a special assessment under Minnesota
Statutes.
510.060 Treating Elm Trees. Whenever the City
Manager or his agents determine that any elm tree or
elm wood within the City is infected with Dutch Elm
fungus, he may treat all nearby high value elm trees
with an effective elm bark beetle destroying con-
centrate. 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 Com
missioner and his agents whenever possible. The notice
Provisions of Section 510.040 apply to treating operations
conducted under this Section.
510.070 Transporting Elm Wood Prohibited. It is
unlawful for any person to transport within the City any
barkbearing elm wood, which is known by the City
Manager, or his agents, to be infected or suspected of
being infected without having obtained a permit from
the City Manager, the City Manager
shall grant such
permits Only When the purposes of this Ordinance will
be served thereby.
510,080 interference Prohibited. R is unlawful for any
person to prevent, delay or interfere with the City
Manager or his agents while they
are engaged in the
Performance of duties imposed by this Ordinance.
This ordinance shall be enforced and take effect from
and after its adoption and publication as is required by
law.
Passed by the City Council of Maplewood, Minnesota
this 21st day of February 1974.
- ' Robert T. Bruton
Attest: Lucille E. Aurelius Mayor of City of Maplewood
City Clerk
Ayes .5
Nays 0