2016-13 BILL NO. 2016-13
AN ORDINANCE REPEALING SECTION 910 OF RICHFIELD CITY
CODE PERTAINING TO SHADE TREE PEST CONTROL AND
REPLACING IT WITH A NEW SECTION 910
THE CITY OF RICHFIELD DOES ORDAIN:
SECTION 1. Section 910 of the Richfield City Code is hereby deleted in its entirety and
replaced as follows:
SECTION 910. - SHADE TREE PEST CONTROL.
910.01. - Declaration of policy.
The Council has determined that the health of the trees in the city is threatened
by shade tree pests, and 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, 89.01, and 89.51-.64, the provisions of this
section are adopted as an effort to control and prevent the spread of these shade tree
pests.
910.03. - Jurisdiction.
Except as otherwise provided by a permit issued pursuant to Section 810 or
Section 811 of this Code, the city shall have control of all street trees, shrubs, and other
plantings now or hereafter in any street, park, public right-of-way or easement, or other
public place within the city limits, and shall have the power to plant, care for, maintain,
remove, and replace such trees, shrubs, and other plantings.
910.05. - Declaration of a shade tree pest.
The Council may by ordinance declare any vertebrate or invertebrate animal,
plant pathogen, or plant in the community threatening to cause significant damage to a
shade tree or community forest, as defined by Minn. Stat. § 89.001, to be a shade tree
pest and prescribe control measures to effectively eradicate, control, or manage the
shade tree pest, including necessary timelines for action.
910.07. - Public nuisances defined.
A shade tree pest, as defined by subsection 910.25, occurring within a defined
control zone is a public nuisance.
910.09. - Shade tree pest 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 owns or controls within the city. The
nuisance may be abated as provided in this section.
910.11. - Tree Inspector.
The Council may appoint a tree inspector to coordinate the activities of the city
relating to the control and prevention of damage by shade tree pests. The tree inspector
will recommend to the Council the detail of any program for the declaration, control, and
prevention of shade tree pests. The tree inspector is authorized to enforce or cause to
be enforced the tasks incident to such a program adopted by the Council. The term
"tree inspector" includes any person designated by Council or the tree inspector to carry
out activities authorized in this section.
910.13. -Abatement of shade tree pest nuisances.
In abating a nuisance, defined under subsection 910.07, the organism,
condition, plant, tree, wood, or material identified as injurious to the health of shade
trees shall be removed or effectively treated so as to destroy and prevent as fully as
possible the spread of the shade tree pest. Such abatement procedures shall be carried
out in accordance with the control measures and areas prescribed by section 910.25.
910.15. - Reporting discovery of shade tree pest.
Any owner or occupier of land or any person engaged in tree trimming or removal
who becomes aware of the existence of a public nuisance caused by a shade tree pest
as defined under subsection 910.07 shall report the same to the Public Works
Department.
910.17. - Inspection and application of control measures.
Subdivision 1. The tree inspector is authorized to inspect premises and places within
the city to determine whether shade tree pests exist thereon and to investigate all
reported incidents of shade tree pests. The tree inspector is ,authorized to take all
reasonable measures to prevent the maintenance of public nuisances and may enforce
the provisions relating to abatement in this section. Diagnosis of shade tree pests may
be by the presence of commonly recognized symptoms; by tests as may be
recommended by the commissioner of the Minnesota Department of Agriculture or the
commissioner of the Minnesota Department of Natural Resources; or other reliable
means.
Subd. 2. Except in situations of imminent danger to human life and safety, the tree
inspector shall not enter private property for the purpose of inspecting or preventing
maintenance of public nuisances without the permission of the owner, resident, or other
person in control of the property, unless the tree inspector has obtained a warrant or
order from a court of competent jurisdiction authorizing the entry.
Subd. 3. No person, firm, or corporation shall interfere with the tree inspector or with
anyone acting under the tree inspector's authority while engaged in activities authorized
by this section.
910.19. - Standard abatement procedure.
Except as provided in subsection 910.21, whenever a tree inspector determines
with reasonable certainty that a public nuisance, as described by this ordinance, is
being maintained or exists on premises in the city, the tree inspector is authorized to
abate a public nuisance according to the procedures in this subsection.
Subdivision 1. The tree inspector will notify in writing the owner of record of the
premises that a public nuisance exists and order that the nuisance be terminated or
abated. The notice may be given in person or by mail. Failure of any party to receive the
mail does not invalidate the service of the notice. The tree inspector shall keep a copy
of the notice.
Subd. 2. The notice of abatement shall state that unless the public nuisance is abated
by the owner, it will be abated by the city at the expense of the owner. The notice shall
specify the control measures to be taken to abate the nuisance, and provide a
reasonable amount of time to abate the nuisance. The notice will also state that the
owner has the right to appeal the determination that a public nuisance exists by
submitting a request in writing to the tree inspector within seven (7) days after service of
the notice, or before the date by which abatement must be completed, whichever comes
first.
Subd. 3. If no timely appeal is submitted, and the control measures prescribed in the
notice of abatement 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 obtain permission or an administrative search warrant, enter the property, and carry
out abatement in accordance with the notice of abatement.
910.21. -Abatement procedure in event of imminent danger.
Subdivision 1. 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 provide for abatement without
following subsections 910.19. The tree inspector must reasonably attempt to notify the
owner of the affected property of the intended action.
Subd. 2. Nothing in this section shall prevent the city, without notice or other process,
from immediately abating any condition that poses an imminent and serious hazard to
human life or safety.
910.23. - Recovery of cost of abatement; liability and assessment.
Subdivision 1. The owner of premises on which a nuisance has been abated by the city
shall be personally liable for the cost to the city of the abatement, including
administrative costs.
Subd. 2. After notice and hearing, as provided in Minn. Stat. § 429.061 (which may be
amended from time to time), the city clerk shall, on or before September 1 next following
abatement of the nuisance, list the total unpaid charges against each separate lot or
parcel to which the charges are attributable. The Council may then certify the charges
against the property to the county auditor for collection along with current taxes the
following year or in annual installments as the Council may determine in each case.
910.25. — Declared shade tree pests, control measures, and control areas.
Subdivision 1. Oak wilt.
(a) Oak wilt disease is a shade tree pest and is defined as any living or dead tree, log,
firewood, limb, branch, stump, or other portion of a tree from any species of the genus
Quercus existing within the control area defined that has bark attached and that
exceeds three (3) inches in diameter or ten (10) inches in circumference and contains to
any degree any spore or reproductive structures of the fungus Ceratocystis fagacearum.
(b) The control measures taken to abate oak wilt disease shall be in accordance with
current technical and expert opinions and plans as designed by the state of Minnesota
commissioner of agriculture or commissioner of natural resources.
(c) The control area for oak wilt disease is defined as all lands within the boundaries of
the city.
Subd. 2. Dutch elm disease.
(a) Dutch elm disease is a shade tree pest and is defined as a disease of elm trees
caused by the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi, and includes any
living or dead tree, log, firewood, limb, branch, stump, or other portion of a tree from any
species of the genus U/mus existing within the control area defined that has bark
attached and that exceeds three (3) inches in diameter or ten (10) inches in
circumference and could contain bark beetles or any spore or reproductive structures of
the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi.
(b) The control measures taken to abate Dutch elm disease shall be in accordance with
current technical and expert opinions and plans as designed by the state of Minnesota
commissioner of agriculture or commissioner of natural resources.
(c) The control area for Dutch elm disease is defined as all lands within the boundaries
of the city.
Subd. 3. Emerald ash borer.
(a) Emerald ash borer is a shade tree pest and is defined as an insect that attacks and
kills ash trees. The adults are small, iridescent green beetles that live outside of trees
during the summer months. The larvae are grub- or worm-like and live underneath the
bark of ash trees.
(b) The control measures taken to abate emerald ash borer shall be in accordance with
current technical and expert opinions and plans as designed by the state of Minnesota
commissioner of agriculture or commissioner of natural resources.
(c) The control area for emerald ash borer is defined as all lands within the boundaries
of the city.
SECTION 2. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of June,
2016.
• - '
I�/
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD
SUMMARY PUBLICATION
STATE OF MINNESOTA )ss BILL NO.2016-13
COUNTY OF HENNEPIN AN ORDINANCE REPEALING
SECTION 910 OF RICHFIELD
CITY CODE PERTAINING
Charlene Vold being duly sworn on an oath, TO SHADE TREE PEST
states or affirms that he/she is the Publisher's CONTROL AND REPLACING
Designated Agent of the newspaper(s)known IT WITH A m ry SECTION 9ce
This summary of the ordinance
as: is published pursuant to Section
3.12 of the Richfield City Charter.
SC Richfield This ordinance updates shade
tree pest control measures and
abatement and assessment proce-
with the known office of issue being located dures,including updating referenc-
in the county of: as to Minnesota Statutes related to
HENNEPIN the control of shade tree pests and
with additional circulation in the counties of: establishing Emerald Ash Borer as
a public nuisance in the city,similar
HENNEPIN to Oak Wilt and Dutch Elm Disease,
and has full knowledge of the facts stated and allowing the use of special as-
below: sessments for tree removals,if de-
sired by the property owner.
(A)The newspaper has complied with all of Copies of the ordinance are
the requirements constituting qualifica- available for public inspection in
tion as a qualified newspaper as provided the City Clerk's office during normal
by Minn. Stat.§331A.02. business hours or upon request by
calling the Public Works Depart-
(B)This Public Notice was printed and pub- ment at(612)861-9170.
lished in said newspaper(s) once each Adopted by the City Council of
week, for I successive week(s); the first the City of Richfield, Minnesota,
insertion being on 07/07/2016 and the last this 28th day of June,2016.
insertion being on 07/07/2016. City Elizabeth VanHoose,
g City Clerk
Published in the
MORTGAGE FORECLOSURE NOTICES Richfield Sun Current
Pursuant to Minnesota Stat. §580.033 July 7,2016
568361
relating to the publication of mortgage .
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
n
By: \t�()Ca
Designated Agent
Subscribed and sworn to or affirmed before
me on 07/07/2016 by Charlene Vold.
9 kl M {)1
Notary Public
`�`""��DARLENE MARIE MACPHERSON
<v ° ; Notary Public-Minnesota
k"`44' My Commission Expires Jan 31,2019
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