1976-011976-1
AMENDMENT TO CHAPTER IV
SECTION 4.11 OF THE ORDINANCE
CODE OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter IV, Section 4.11 of the Ordinance Code of the City of
Richfield relating to control of plant pests, is amended by amending sub-
divisions 9, 10, 11, 12, 13, 14, 15, and 16 to read as follows:
"Subd. 9. Abatement of Plant Pest Nuisances. In abating
the nuisances defined in this section, 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 plant pests.
Such abatement procedures shall be carried out in accord-
ance with current technical and expert opinions and plans
as designated by the commissioner of agriculture.
[ Subd. 10. Procedure for Removal of Infected Trees and
Wood.] Whenever the forester finds with reasonable
certainty that [the infestation defined in Subd. 5] shade
tree disease exists in any tree or wood [ within a public
way or boulevard] in the city, he shall [proceed as follows:
(1) If the forester finds that the danger of infestation
of other trees is not imminent because of dormancy, he
shall make a written report of his findings to the council
which shall proceed by (a) abating the nuisance as a public
improvement under Minnesota Statutes, Chapter 429, or (b)
abating the nuisance as provided in Subd. 11 of this section.
(2) If the forester finds that the danger of infestation of
other trees is imminent, he shall notify the abutting property
owner if the nuisance is on public street right-of-way, or the
owner if it is on private. property, by certified mail, that the
nuisance must be abated within a specified time, not less
than five (5) days nor more than ten (10) days from the date
of mailing 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
and shall do so within not more than twenty (20) days of
the date of such notice .
[ Subd. 11 . Council Action, Hearing. Upon receipt of the
forester's report required by Subdivision 10 (1), 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 (1) week prior to such meeting.
The notice shall state the time and place of the meeting, the
streets or properties affected, the actions proposed, the estimated
cost of the abatement, and the proposed basis 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 modifi-
cations as it considers desirable, and provide for the doing of
the work by day labor or by contract.]
Subd. [ 12.] 10. Records Maintained by Forester. The forester
shall keep a record of the costs of abatements done under this
section and shall report monthly to the city manager all work
done for which assessments are to be made, stating and certifying
the description of the land, lots, parcels involved and the amount
chargeable to each.
Subd. [ 13.] 11. Special Assessment Procedure. On or before
September 1 of each year, the clerk shall list the total unpaid
charges for each abatement against each separate lot or parcel
to which they are attributed under this section. 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 .
Subd. [ 14.] 12. Spraying of Trees. Whenever the forester de-
termines that any tree or wood within the city is infected with
dutch elm disease, oak wilt or other plant pests, he may spray
all nearby high valued trees, with an effective pest destroying
concentrate . Spraying 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. [The notice and assessment provisions of Section 7
apply to spraying operations conducted under this section.]
Subd. [ 15.] 13. Transporting Certain Wood Prohibited. It is
unlawful for any person to transport within the city any bark
-2-
bearing elmwood without having obtained a permit from the
forester. The forester shall grant such permits only when
the purposes of this section will be served thereby.
Subd . [ 16 .) 14 . 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
the duties imposed by this section. "
Passed by the City Council of the City of Richfield this 12 day of
January, 1976.
Lo~hen L. Law " ( ~ ~ Mayor
ATTEST:
t~.t " ~
~,
Thomas J. ,Moran City Clerk
i~
-3-
SUIT ~JEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD, yUN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota
SS.
County of Hennepin
J. A. RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as 7'he Richfield Sun and
leas full knowledge of the facts herein stated as follows: (i) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least
once each week. (3) Said newspaper has 50% of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry as second-class
matter in its local post-office. (5) Said newspaper purports to serve the City of Richfield
in the County of Hennepin and it has its known office of issue in the City of Bloomington in
said county, established and open during its regular business hours for the gathering of news,
sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper or persons in its employ and subject to his direction and control during all such
regular business hours and devoted exclusively during such regular business hours and at
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper is made available at single or subscription
prices to any person, corporation, partnership or other unincorporated association requesting
the newspaper and making the applicable payment. (t]) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned
below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January
], 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary
public stating that the newspaper is a legal newspaper.
lie further states on oath that the printert ~~-~- NC• ~77V-~-
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for OnP successive weeks;
T~Jed 21 Jan~aarSr , 19 76
that it was first so published on the day of
and was thereafter printed and published on every to and including
the day of 19~ and that the following is a printed copy
of the lower case alphabet 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, to-wit:
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me this 21 day of Janua.r~r 19 76
!- ! • ~2'~!!ST
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~3, l;t?8
••,nnnr~~~ ~
(OLEGAL NOTICE )
BII.L N0.1876.1 .
AMENDMENT TO CHAPTER IV
SECTION 4.11 OF THE ORDINANCE
CODE OF THE' CITY OF RICH-
FIELD
CITY OF RICHFIELIJ DOES OR-
DAIN:
Chapter IV, Section 4:ll,of the Or-
dinance Code of the City of Richfield
relating to control of plant` pests, is
amendedby amending subitivis~ons 9,
10, 11, 12, 13, 14, 15, and 16 to read as
Follows:
"Subd. 9. Absteme~ of Plant
Pest Ndsaocea. In' abating the
nuisances defined in this. section,
the forester shall cause: the in-
fected tree or:wood to be sprayed,
removed, burned, or otherwise
effectively treated so as tp' de-
sttroy and prevent as faflya§ pos-
sible the spread of plant pests.
Such abatemm~t procedures shall
be carried out in accordance month
current technical mid expert
opinions and plans as designated
by the commissioner of agrtcul-.
lure. ~
[Subd. 10. Procedure f• `~'RR.
moval of Infected Tr'Snd
Wood.) Whenever the fot~ai'~
finds with reasonable certauity;'
that [the infestation defined•ao:
Subd. 5] shade tree disease exists;
in any tree or wood [within a pubs
lic way or boulevard] in the city.,,
he shall [proceed as follows:'
(i) If the forester finds that=ttve'
danger of infestation of~'otiter'
trees is not imminent becausF~of
dormancy, he shall mak+u ~>wt~t.~'
ten report of his findiaga ~to~ tip:
council which shall Procegd;bpi
(a) abating the nuisance as
lic improvement under " tfi'-
nesota Statutes, Chapter,'#29;`01'
(b) abating the nuisance as-p~b-
vided m Subd. •11'of tfris sectipn.
(2) If the forester finds that the
danger of infestation of other
trees ~ imminent, he shall] notify
the abutting property owner if the
nuisance is on public street
right-of-way, or the owner if it is
on private property, by certified
mail, that the nuisance must be