HomeMy WebLinkAboutOrdinance 1005 - Dutch Elm Disease
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1005 DUTCH ELM DISEASE ..................................................................1005-1
Section 1005.01: DECLARATION OF POLICY .......................................................1005-1
Section 1005.02: FORESTER....................................................................................1005-1
Section 1005.03: DUTCH ELM DISEASE PROGRAM ............................................1005-1
Section 1005.04: NUISANCES DECLARED ............................................................1005-1
Section 1005.05: ABATEMENT ...............................................................................1005-2
Section 1005.06: INSPECTION AND INVESTIGATION ........................................1005-2
Section 1005.07: ABATEMENT OF DUTCH ELM DISEASE NUISANCES...........1005-2
Section 1005.08: PROCEDURE FOR REMOVAL OF INFECTED TREES AND
WOOD .............................................................................................1005-2
Section 1005.09: SPRAYING ELM TREES ..............................................................1005-3
Section 1005.10: TRANSPORTING ELM WOOD PROHIBITED ............................1005-4
Section 1005.11: INTERFERENCE PROHIBITED...................................................1005-4
Section 1005.12: PENALTY .....................................................................................1005-4
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1005 DUTCH ELM DISEASE
Section 1005.01: DECLARATION OF POLICY. The City Council of St. Joseph has
determined that the health of the elm trees within the municipal limits is threatened by a fatal
disease known as Dutch Elm Disease. It has further determined that the loss of elm trees
growing upon the public and private property would substantially depreciate the value of the
property within the City and impair the safety, good order, welfare and convenience of the
public. It has declared to be the intention of the Council to control and prevent the spread of this
disease and this Ordinance is enacted for that purpose.
Section 1005.02: FORESTER.
Subd. 1: Position Created. The position of forester is hereby created within the City of
St. Joseph and the City Council is hereby authorized to appoint a City Forester and/or assistants
from time to time.
Subd. 2: Duties of Forester. It is the duty of the Forester to coordinate, under the
direction and control of the Council, all activities of the municipality relating to the control and
prevention of Dutch Elm Disease. He shall recommend to the Council the details of the program
for the control of Dutch Elm Disease, and perform the duties incident to such a program adopted
by the Council.
Section 1005.03: DUTCH ELM DISEASE PROGRAM. It is the intention of the
Council of the City of St. Joseph to conduct the program of plant pest control pursuant to all the
powers of this municipal corporation including the authority granted by Minn. Stat. 1961,
Section 18.022, as amended. This program is directed specifically at the control and elimination
of Dutch Elm Disease fungus and elm bark beetles and is undertaken as the recommendation of
the Commissioner of Agriculture. The City Forester shall act as a coordinator between the
Commissioner of Agriculture and the Council in the conduct of this program.
Section 1005.04: NUISANCES DECLARED. The following things are public nuisances
whenever they may be found within the City of St. Joseph.
Subd. 1: 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).
Subd. 2: Any dead elm tree or part thereof, including legs, branches, stumps, firewood or
other elm material from which the bark has not been removed and burned or sprayed with an
effective elm bark beetles insecticide.
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CHAPTER X – NUISANCES & OFFENSES
Section 1005.05: ABATEMENT. It is unlawful for any person to permit any public
nuisance as defined in subdivision 4 to remain on any premises owned or controlled by him
within the City of St. Joseph. Such nuisances may be abated in the manner prescribed in this
ordinance.
Section 1005.06: INSPECTION AND INVESTIGATION
Subd. 1: Annual Inspection. The forester shall inspect all premises and places within the
City as often as practicable to determine whether any condition described in Section 4 of this
ordinance exists thereon. He shall investigate all reported incidents of infestation by Dutch Elm
Fungus or elm bark beetles.
Subd. 2: Entry on Private Premises. The forester 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 him under this ordinance.
Subd. 3: Diagnosis. The forester shall, upon finding conditions indicating Dutch Elm
infestation, immediately send appropriate specimens or samples to the Commissioner of
Agriculture of analysis, or take such other steps for diagnosis as may be recommended by the
Commissioner. Except as provided in Section 8 no action to remove infected trees or woods
shall be taken until positive diagnosis of the disease has been made.
Section 1005.07: ABATEMENT OF DUTCH ELM DISEASE NUISANCES. In
abating the nuisances defined in Section 5, the forester shall cause the infected tree or wood to be
sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully
as possible the spread of Dutch Elm Disease fungus and elm bark beetles. Such abatement
procedures shall be carried out in accordance with current technical and expert opinions and
plans as may be designated by the Commissioner of Agriculture.
Section 1005.08: PROCEDURE FOR REMOVAL OF INFECTED TREES AND
WOOD.
Subd. 1: Whenever the forester find with reasonable certainty that the infestation defined
in Section 4 exists in any tree or wood in any public or private place in the City, he shall proceed
as follows:
a) If the forester finds that the danger of infestation of other elm trees is not
imminent, because of elm dormancy, he shall make a written report of his finding
to the Council which shall proceed by:
1. Abating the nuisance as a public improvement under Minn. Stat. Ch. 429
or
2. Abating the nuisance as provided in Subd. 2 of this Section.
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CHAPTER X – NUISANCES & OFFENSES
b) If the forester finds that danger of infestation of other elm trees is imminent, he
shall notify the abutting property owner by certified mail that the nuisance will be
abated within a specified time, not less than fifteen (15) days from the date of
mailing of such notice. The forester shall immediately report such action to the
Council, and after the expiration of the time limited by the notice he may abate
the nuisance.
Subd. 2: Upon receipt of the forester's report required by Subd. 1, paragraph a), the
Council shall by resolution order the nuisance abated. Before action is taken on such resolution,
the Council shall publish notice of its intention to meet to consider taking action to abate the
nuisance. This notice shall be mailed to affected property owners and published once, no less
than one week prior to such meeting. The notice shall state the time and place of the meeting,
the streets affected, action proposed, the estimated cost of the abatement, and the proposed bases
of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear
property owners with reference to the scope and desirability of the proposed project. The
Council shall thereafter adopt a resolution confirming the original resolution with such
modifications as it considers desirable and provide for the doing of the work by day labor or by
contract.
Subd. 3: The forester shall keep a record of the costs of abatements done under this
Section and shall report monthly to the City Clerk/Administrator all work done for which
assessment are to be made stating and certifying the description of the land, lots, parcels
involved and the amount chargeable to each.
Subd. 4: On or before September 1 of each year the Clerk/Administrator shall list the
total unpaid charges of each abatement against each separate lot or parcel to which they are
attributable under this ordinance. The Council may then spread the charges or any portion
thereof against the property involved as a special assessment under Minn. Stat. ' 429.101 and
other pertinent statutes for certification to the County Auditor and collection the following year
along with current taxes.
Section 1005.09: SPRAYING ELM TREES.
Subd. 1: Whenever the forester determines that any elm tree or elm wood within the City
is infected with Dutch Elm fungus, he may spray or treat all nearby high value elm trees, with an
effective elm bark beetle destroying concentrate or fungicide or both. 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 Commissioner and his agents
whenever possible.
Subd. 2: The notice provisions of Section 8 apply to spraying and treatment operations
conducted under this Section.
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CHAPTER X – NUISANCES & OFFENSES
Section 1005.10: TRANSPORTING ELM WOOD PROHIBITED. It is unlawful for any
person to transport within the City any bark bearing elm wood without having obtained a permit
from the forester. The forester shall grant such permits only when the purposes of this ordinance
will be served thereby.
Section 1005.11: INTERFERENCE PROHIBITED. It is unlawful for any person to
prevent, delay or interfere with the forester or his agents while they are engaged in the
performance of duties imposed by this ordinance.
Section 1005.12: PENALTY. Any person, firm or corporation who violates Sections 10
or 11 of this Ordinance is guilty of a misdemeanor.
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