City of Rosemount 2012-03 Shade Tree Pest Ordinance

CITY OF ROSEMOUNT

COUNTY OF DAKOTA

STATE OF MINNESOTA

ORDINANCE NO. 2012-03

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 to be alphabetized accordingly:

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.

SHADE TREE DISEASE:

Dutch Elm Disease caused by Ophiostoma ulmi or Oak 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 vertebrate 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 as follows:

5-2-2: NUISANCE:

A. Noxious Weeds: Notwithstanding any provision of this Chapter to the contrary, noxious weeds growing upon any lot or parcel of property, regardless of height, zoning classification or area on the parcel upon which they are growing, are hereby declared to be a nuisance and dangerous to the health and safety of the City.

B. All Zoning Districts Except FW, AG, AGP; Unplatted Properties: All weeds (other than noxious weeds) or growing grasses upon any lot or parcel of land in the city but for those in zoning districts FW, AG or AGP, or upon unplatted properties, that measure, from ground to tip, in excess of eight inches (8"), or which have gone or are about to go to seed, are hereby declared to be a nuisance, unsightly and dangerous to the health and safety of the city.

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.

E. Hazardous Trees: A hazardous tree is a public nuisance.

F. Nuisances are Unlawful: It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises 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:

5-2-4: ENFORCEMENT:

A. Notice: Upon discovery of a nuisance as defined in this chapter, the weed inspector, Tree Inspector, or his or her assistant or designee, shall serve a notice upon the owner, occupant or agent of the property owner of the property ordering such person to have such weeds or grass cut, or shade tree pest or shade tree disease and removed, treated, or otherwise eradicated and removed within the time period specified in the notice ten (10) days from the date of mailing. 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 with 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.

C. Appeal: Any person receiving a notice under paragraph (A) may appeal. The appeal must be submitted in writing to the City Administrator within 10 calendar days after the date of the notice. The City Administrator will schedule a hearing before the City Council and provide notice to the individual at least 10 calendar days before the hearing. After the hearing, the City Council may sustain or modify the abatement notice or extend the time by which the abatement much be complete.

Section 4.The Rosemount City Code of Ordinances is amended to add the following new section 5-2-7:

5-2-7: 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 or shade tree pests. In the case of suspected shade tree diseases or pests, and in 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 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.Inspect, or cause to be inspected, any and all premises 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:

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.

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 to human life or safety.

Section 5.This Ordinance shall be effective the day following its publication.

Adopted by the City Council of the City of Rosemount, Minnesota, the 3rd day of April, 2012.

/s/Mayor William Droste

/s/Amy Domeier, City Clerk

(Apr. 12)

Tags: public notices, general legals