HomeMy WebLinkAbout2.D. Shade Tree Pest and Disease Control Ordinance ROSE M • \� b
EXECUTIVE Y UMMA
S R
CITY COUNCIL
}
City Council Work Session Meeting: February" 15, 2012
AGENDA ITEM: Shade Tree Pest and Disease Control " AGENDA SECTION:
Ordinance Discussion
PREPARED BY: Dan Schultz, Director of Parks and AGENDA NO. 2 . 1 /•
Recreation
ATTACHMENTS: Draft Ordinance APPROVED BY:
9
RECOMMENDED ACTION: None, discussion„ only.
ISSUE
Staff have been working to develop a shade tree pest and disease ordinance in preparation of the potential
spread of Emerald Ash Borer in our community. This ordinance will identify shade tree pests and give city
staff the authority to work to abate nuisances caused by the shade tree problems identified within the
ordinance.
BACKGROUND
The EAB is a small wood boring insect that is devastating the ash tree population in the central Great
Lakes region. The larvae of the emerald ash borer kill trees by feeding in the cambium layer between the
bark and the wood, producing galleries that eventually girdle and kill the branch or the entire tree: In mid
May 2009, the first EAB infestation in Minnesota was confirmed in St. Paul. All species of ash trees
growing in Minnesota are susceptible to damage and death caused by the emerald ash borer.
Because EAB is difficult to detect, it can be present for years before an infestation is confirmed. The
Minnesota Department of Agriculture is working with local cities to detect infestations as early as possible
by providing trained personnel to examine trees that could be infesied.
SUMMARY
Staff will provide an overview of the proposed Shade .Tree Pest and Disease Ordinance and would like for
the City Council to provide feedback regarding the proposed ordinance.
'
9
DRAFT DRAFT DRAFT
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. -
ORDINANCE RELATING TO SHADE TREE PEST AND
DISEASE CONTROL AND TREE MAINTENANCE;
AMENDING ARTICLE V, CHAPTER , 2 OF THE
ROSEMOUNT CODE OF ORDINANCES AND ADDING A
NEW SECTION 5 -2 -7
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows:
Section 1. Section 5 -2 -1 of the Rosemount City Code is amended by adding the following new
definitions:
BOULEVARD: That portion of a street right of way between the curb or curb line
and the property line.
CONTROL AREA: An area designated by resolution of the City Council in which the
shade tree pest control program shall be enacted and enforced.
CONTROL MEASURES: Actions declared and authorized by resolution of the City Council to
control, manage, or effectively eradicate `shade tree pests and shade
tree diseases, including necessary timelines for action. These
measures may include spraying, removing, burning, or otherwise
effectively treating the infected tree or wood to prevent the spread of
the shade tree pest or disease.
HAZARDOUS TREE: A tree with structural defects likely to cause failure of all or part of
the tree which could strike a target or threaten human health or
property.
PUBLIC PROPERTY: All grounds owned by the City of Rosemount
PUBLIC RIGHT OF WAY: The area on, below, or above a public roadway, highway, street,
cartway, bicycle lane or public sidewalk in which the city has an
interest, including other dedicated rights of way for travel purposes,
and utility easements of the city. A right of way does not include the
airwaves above a right of way with regard to cellular or other
nonwire telecommunications or broadcast service.
359874v1 MDT RS215 -4 1
z.
SHADE, TREE DISEASE: Dutch E1m=Disease caused by Ophiostoma ulmi or O'ak Wilt caused
by Ceratocystis fagacearum or any other disease declared by the City
Council or identified and designated as a shade tree disease by the
Minnesota State Commission of Agriculture or Commission of the
Department of Natural Resources.
SHADE TREE PEST: Any.yertebrate or invertebrate animal, plant pathogen, or plant that is
declared by the City Council threatening to be harmful, injurious, or
destructive to shade trees or community forests, within the City,
including but not limited to elm bark beetles and emerald ash borer
beetles , larvae, or eggs thereof.
°TREE INSPECTOR: A person or persons, certified by the Minnesota Department of
Natural Resources, appointed by the City Council to administer the
City's shade tree disease and pest control program.
Section 2. Section 5 -2 -2 of the Rosemount City Code is amended to add the following new
paragraph:
5 -2 -2: NUISANCE:
C.. Shade Tree Pests: A shade tree pest declared by the City Council and
occurring within a control area is a public nuisance.
D. Diseased Tree: Any living or standing tree or part thereof infected to any
degree by a shade tree disease: or 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 Tree Inspector is a public
nuisance.
D. Hazardous Trees: A hazardous tree is a public nuisance.
E. Nuisances are Unlawful: It is unlawful for any person to permit any public
nuisance as defined in this section to remain on °any premixes the person own
or controls with the "City. The nuisance may be abated as provided for in
section 5 -2 -4.
Section 3. Section 5 -2 -4 of the Rosemount City Code is amended as follows:
R , }
5 -2 -4: ENFORCEMENT:
359874v1 MDTRS215 -4 2
A. Notice: Upon discovery of a nuisance as defined in this chapter, the Tree Inspector, or his or
her designee, shall` serve a notice upon the owner, occupant or agent of the property owner
ordering such tree, or shade tree pest or shade tree disease removed, treated, or otherwise -
eradicated within the time period specified in the notice. The notice shall specify the steps
to be taken to abate the nuisance and shall also state that in the event of noncompliance,
cutting, removal or eradication will be done by the city, with all costs to be paid by the
owner, together with an administrative fee of ten percent (10%) 'of the costs, or ten dollars
($10.00), whichever is greater.
B. Assessment: A record showing the cost of work attributable to each separate lot or parcel
shall be delivered to the city clerk. If all costs and fees are not paid within thirty (30) days
of the date of completion of the work, the amount so charged, including the administrative,
charge, together accrued interest thereon at the maximum lawful rate permitted against said
lot or parcel of land, together with a description of the premises and the name of the owner,
if known, shall be certified to the county auditor and shall be collected under Minn. Stat. §
429.101 in the same manner as taxes and/or special assessments against said premises. The
charge shall be a perpetual lien on the premises until paid. No interest shall accrue after the
amount due is certified to the county auditor.
Section 4. The Rosemount City Code. of Ordinances is amended to and the following new
section 5 -2 -7:
5 - -7: SHADE TREE PEST AND DISEASE CONTROL AND TREE
MAINTENANCE.
A. Policy and Purpose: The health of the trees in the City is threatened by shade tree pests and
diseases. The loss or ill health of trees growing upon public and private property
substantially depreciates the value of property within the City and impairs the safety, good
order, general welfare and convenience of the public. In addition to and in accordance with
Minn. Stat. §§ 89.001, and 89.51 through 89.64, the provisions of this section are adopted to
attempt to control and prevent the spread of shade tree pests and shade tree disease within a
designated Control Area.
B. City Jurisdiction: The City shall have control of all trees, shrubs, and other plantings located
on public property within the City limits, and shall have the power to plant, care for,
maintain, remove, and replace such trees, shrubs and other plantings.
C. Boulevard Trees: Except in those parts of the city where, by agreement, certain
Developments or Homeowners Associations have accepted this responsibility, The City of
Rosemount 'shall be responsible for the treatment or removal of a nuisance, diseased, or
hazardous tree from the boulevard.
D. Tree Inspector: It is the power and duty of the Tree Inspector to enter upon public or private
property at any reasonable time for the purpose of inspecting and diagnosing and, if
necessary, abating shade tree diseases. In the case of suspected shade tress disease and in
359874v1 MDT RS2f5 -4 3
t .
performance of his or her duties, the tree inspector may remove such specimen or samples
as may be necessary or desirable for diagnosis. The Tree Inspector shall have the authority
to conduct the following:
1. Coordinate the activities of the City relating to the control and prevention of damage g i
by shade tree pests and diseases and employ any control measures he or she deems
appropriate.
2. Recommend to the Council the details of any program for the declaration, control
and prevention of shade tree pests and diseases and enforce or cause to be enforced
the duties incident to such a program adopted by the Council.'
3. Inspects or cause to be, inspected, any and all prethises within the City upon which it
is suspected a shade tree pest or disease exists and investigate all reported incidents
of shade tree pests and diseases.
4. Diagnose shade tree pests and diseases by, the presence' of commonly recognized
symptoms or by tests as may be recommended by the Commissioner of the
Minnesota Department of Agriculture or Department of Natural Resources; or other
reliable means.
5. Take all reasonable precautions to prevent the maintenance of public nuisances and
enforce the provisions relating to abatement in this chapter, including hiring private
contractors to implement such measures.
E. Abatement of Shade Tree 'Nuisances: In abating a shade tree pest or disease tree nuisance as
defined in this chapter, the following procedures shall be followed in addition to the
procedures in § 5 -2 -4:
1. The shade tree pest or diseased tree shall be removed' or effectively treated so as to
destroy and prevent -as fully as possible the spread of the pest or disease. Such
abatement procedures shall be carried out in accordance with current technical and
expert methods and plans as may be designated by the Commissioner of Agriculture,
and with the Control Measures as defined in this document, and within =the. Control
Areas prescribed by the City Council.
2. If a notice of abatement for a shade tree pest or disease issued under section 5-2-4
and its prescribed control measures are not complied with within the time provided
by the notice or any additional time granted, the Tree Inspector or designated person
shall have the authority to enter the property and carry out abatement in accordance
with the Council's declared Control Measures and the notice of abatement.
F. Abatement Procedure in the Event of Imminent Danger; Summary Enforcement: If the Tree
Inspector determines that the danger of infestation to other shade trees is imminent and
delay in control measures may put public health,'safety, or welfare in immediate danger, the
Tree Inspector may proceed as follows:
359874v1 MDT RS215 -4 4
1. The Tree Inspector shall determine all trees to be affected by any appropriate control
measures and notify any reasonably knowable owner and occupant of property or
properties on whose land every such tree is located. g.
2. The notice shall state that a public nuisance` exists or is being maintained on
premises in the City and that a'delay in abatement of the nuisance will unreasonably
endanger public health, safety or. welfare. The notice shall state the nuisance found,
the control measure required, provide the nuisance must be abated within a specified
time, and the time and place of the City Council meeting to consider the question of
summary enforcement. The notice and proposed action shall be reported in writing
to the Council.
3. The City Council shall determine whether or not the condition identified in the
notice to the owner or occupant is a nuisance, whether public health, safety or
welfare will be unreasonably endangered by delay in abatement, and may order that
the nuisance be immediately terminated or abated. If the nuisance is not
immediately terminated or abated, the City Council may order abatement of the
nuisance. After the expiration of the time provided on the original mailing, the
nuisance may be abated.
4. Immediate Abatement. Nothing in this section shall prevent the City, without notice
or other process, from immediately abating any condition which poses an imminent
and serious hazard human life or safety.
x
Section 5. This Ordinance shall be effective the day following its publication.
Adopted by the City Council of the City of Rosemount, Minnesota, the day -'of
, 20 .
Mayor William Droste
ATTEST:
4
Amy Domeier, City Clerk
Published this day of , 2012 in the Rosemount Town Pages.
359874v1 MDT RS215 -4 5