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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. -1�c.c-�o 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