1966-05Bill No. 1966-5
ORDINANCE N0. 11.11
AN ORDINANCE RELATING TO THE CONTROL AND PREVEN-
TION OF PLANT PESTS !n~ITHIN THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Section 1. Declaration of Policy. The city council of the City of Richf field
hereby determines that the health of elm trees, oalc trees and other plants within
the municipal limits is threatened by such diseases as-dutch elm disease, oak wilt
and other plant pests as defined in Rinnesota Statutes, Section 18.46, Subd. 13. It
further determines that the loss of such trees and other plants growing upon public
and private property will substantially depreciate the value of property within the
city and will have a detrimental effect upon the public safety, order, general wel-
fare and convenience. It is the intention of this ordinance to control and prevent
the spread of such diseases.
Section 2. Forester. Subdivision 1. Position Created. The position of f orest-
er is hereby created within the Inspection Division of the city.
Subd. 2. Duties of Forester. It is the duty of the forester to coordina to all
activities of the municipality relating to the control and prevention of dutch elm
disease, oak wilt and oth er plant pests as defined in Minn esota Statutes, Section
18.46, Subd. 13. He may from time to time recommend to the manager and the council
the details of a program for the control of such diseases and plant pests and shall
perform the duties incident to such programs adopted by the council.
Section 3. Pest Control Program. Subdivision 1. Any such program of plant
pest control shall be pursuant to the authority granted by Minnesota Statutes, Sec-
tion 18.022, and in conformity with any applicable directives of the state commis-
sioner of agriculture. The city forester shall act as coordinator between the
commissioner of agriculture and the city in the conduct of any such program.
Section 4. Nuisances Declared. Subdivision 1. The following things are
public nuisances whenever they are found within the city:
A. Any living or standing elm tree, oak tree or other tree, or part there-
of , inf ected to any degree with dutch elm disease fungus, oak wilt, or with any plant
pest as defined in Minn esota Statutes, Section 18.46, Subd. 13, hereinafter ref erred
to as "plant pests".
B. Any dead elm tree or part thereof, including logs, b ranches, stumps,
firewood or other elm material from which the bark has not been removed and burned; and
any other dead tree or part thereof such as logs, branches, stumps and firewood, which
are harboring plant pests, or which are determined to be likely to harbor such pests.
Subd. 2 Abatement. It is unlawful for any person to permit any public nuisance
as defined in Subdivision 1 to remain on any premises owned or controlled by him within
the city, after he has been ordered to abate such nuisance. Such nuisances may be
abated in the manner prescribed by this ordinance.
Section 5. Inspection and Investigation. Subdivision 1. Annual Inspection.
The forester shall inspect all premises and places within the city as often a s practi-
cable to determine whether any condition described in Section 4 exists thereon. He
shall investigate all reported incidents of plant pest infestation.
Ord. No. 11.11 (cont.)
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
plant pests infestation, immediately send appropriate specimens or samples to the
commissioner of agriculture for analysis, or take such other steps for diagnosis
as may be recommended by the commissioner. Except as provided in Section 7 and 8,
no action to remove infected trees or wood shall be taken until positive diagnosis
of the disease has been made.
Section 6. Abatement of Plant Pests Nuisances. Subdivision 1. In abating
the nuisances defined in Section 4, the forester shall cause the infected tree or
wood to be sprayed, removed, burned or otherwise effectively treated so as to destroy
~ d prevent as fully as possible the spread of plant pests . Such abatement proce-
dures shall be carried out in accordance with current technical and expert opinions
and plans as designated by the commissioner of agriculture.
Section 7. Procedure for Removal of Infected Trees and tn~ood. Subdivision 1.
iVhenever the forester finds with reasonable certainty that the infestation defined
in Section 4 exists in any tree or wood within a public way or boulevard in the city,
he shall proceed as follows:
A. If the forester findsthat the danger of infestation of other trees is
not imminent because of dormancy, he shall make a written r eport of his findings to
the council which shall proceed by (1) abating the nuisance as a public improvement
under Minnesota Statutes, Chapter 429 or (2) abating the nuisance as provided in
Subd. 2 of this section.
B. If the forester finds that the d~ger 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 from the date of mailing such notice. The forester shall immediately report
such action to the council, and after the expiration of tYie time limited by the
notice, he may abate the nuisance.
Subd. 2. Upon receipt of the forester's report required by Subdivision 1, Part
r1, the council shall by resolution order the nuisance abated. Before action isttaken
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 af-
fected 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 desir-
ability 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.
1
.3..
Ord. No. 11.11 (cont..)
Subd. 3. 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.. 4. 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 ordinance. The council may then spread the charges or any
portion thereof against the property involved as a special assessment for certifica-
tion to the county auditor and collection the following year along with current taxes.
Section 8. Spraying of Trees. Subdivision 1. Whenever the forester determines
that any tree or wood within the city is inf ected 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 con-
ducted 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 and assessment provisions of Section 7 apply to spraying
operations conducted under this section..
4
Section 9. Transporting Certain Wood Prohibited. Subdivision 1. It is unlawful
for any person to transport within the city any bark bearing°elmwood 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 10. Interference Prohibited. It ismunlawful for any person to prevent,
delay or interfere with the forester or his agents while they are engaged in the per-
formance of the duties imposed by this ordinanc'e..
Section 11. Penalty. Any person, firm or corporation who violates any provision
of this ordinance is guilty of a misdemeanor and may be punished by a fine of not more
than $100 or by imprisonment for not more than 90 days. ;
Passed by the council this 28th day of March, 1966. -
ATTEST• ~
/ .~~ /v!
Edw. 3. Moln ,Clerk-Treas...
Manley W~, Mayor-
:~
~,
LTGAL NOTICE
Bill No. 1688-5
ORDINANCE NO. 11.11
An Ordintince R,elntin g To
'Phe Contirol and' Prevention
Ot Piaat Poets Withla The
city of •y Rtea field.
RIC~F
ELD
C
DOES
ITY QF
I
OIIDAIN.r
• Section 1. Declaration o f Pol-
e icy. The cis;y oo~tttncil oL the Clty
i
t
er
of ItlchxipRd 1{ereby de
' nes
m
the d4•
:alth: of elm trees,
' treet9x- arld other plants
n kh~' municipal' 'limits is
tenedl.tiy;such diseases as
elm Qiae~$e, oak wi lt and
plant 1t@a!td:.as defined in
nesota S tltea, Section 18- '
.!'fi, Subd. 13'1 further d~eter-
m;nes that "loss .'oP such
trees and ot;h 'plants gr owing
upon public ai;4d private prop- _._
erty: will, sub'stantia113
date the value. of bons as 1t consld~ers desirable
iia3hln the city and w ,
and provide .for the doing of
ti'.d irimental effect u
~ the work by day labor or by
Yc' safety,., o>t`der,
pub -contract.
welfare and• ¢'onvenienc Subd. 3. The 'forester shall
the intentton;pf this of keep a record of the, costs of
to -~contrbl arl$ prove abatements done under this
app d of such dis~e~ases section and shall report month-
tion 2. p'orester. ly to the city manager all work
vfs on ~1.'Poaltion Croat done for which assessments are
nosittbti' Of forester 1s to be made, stating and certi-
rreated' within the In: fying the description of the
Division of the city. land, ]o~ts, parcels involved and
• Subd: 2 Datles "of Fors the amount chargeable. to each.
16, the duty bf the fore
' Subd: 4. On:or before Septem-
coor3i
nate all. activities bar 1 of each year, the clerk
munihipallty relating shall list the total unpaid
control-and prevention o charges Yor each abatetTrent a-
ehn-"disease, 'oak wilt an crainst each separate lot or par-
n~snt pests as defined i cal to which.they are attribut-
nesota Statutes, Sectiot ed under ~t1s ordinance. The
Subd. T3. He may from council m~Y . then spread the
time recompilead to them charges or snit portion. thereof
and the co3}ncil the del against the pt'oiyerty involved
a program •for the con as a special assessment for
such diseab~ea and plan certification to the county au-
rin shall, perform the
~ riitor and collection tb'e follow-
in
dent to such progr~
dopted t,y the council. ing year along with current
taxes.
SeMion 3. Pest Contr( Section 8. Sltraying of Trees.
gram.. Subdivision 1. An Subdivision i. whenever the
proR'ram , of plant pest `v rester determines that any
hall be "pursuant to t tree or wood within the city is
thoritY granted by 11Tit infected with dutch elm di-
Statntes, Section 18.022, cease, oak wilt or other plant
conformity with any apF nests, he may spray all, nearby
directives of the state
lt
t
'
f high valued, trees, wftli an ef-
oner
a icu
ur
o
e•
t
hll
f
t fective pest (}estroying concen-
i
t
or
er s
s
ac ra
e. Spraying activities au-
ator between the cc thorized by this section shall
r of agriculture a: be conducted in accordance
n the conduct of an with technical and expert opin-
am. ions and plans; of the.commis-
coon 4. Nnlsaatces Do Gioner of agriculture and under
Sntjdivision 1. The foli ,
the supervision- of the commis-'
thirjgs are public nut , stoner and his agents whenever
whenever they are found nossible-
in the city:.
A. Any livYng or standir Subd. 2. The notice.'~ppd ass~ess-
merit provisions of 9edtlon 7 ap-
tree, oak tree or other tr my to spraying operations con-
paTt thereof, infected t ducted under this section,
degreie with dutch elm d Section 9. Traneportln~ per-
fungus, oak .wilt, or wit tale Wood Prohfb/led. Subdi-
planj pest as defined in 11 vision 1, It is unlawful for any
sots Statutes, Sebtian person to transport within the
Subd. 13, hereinafter re city any bark be•aritrg elmwood
to as "plant peals". without having obtained aper-
B. Any dead elm tree o f mil from the forester. Thee for-
thereof, including logs, br ester shall grant such permits
es, stumps, firewood or only when the purposes of this
elm matetia~' from whic ordinance will be served ther
, bark has not been remove e-
by.
,burned: and any other dot Section 10. Interference Pro-
s+r Dart thereof such ae hiblted. It is unlawful for any
branches, stumps and fir person to prevent, delay or in-
which are-.harboring
or d~hlch are Bete
nests terPere with the forester or his
a
t
,
~ gen
s while they are engaged
to
be likely to harbor in the performance of the du-
pe.->ta. ~ ties imposed by this ordinance
Strbd. 2. Abatement. It .
Section 21. Penalty. Any per-
lawlnl for anq person to son, firm or corporation who
any public nuisance as violates any' provision of this
in Svbdiviaio4t 1 to ran ordinance fie guilty of a mis-
any premises owned or i demeanor and may be .punished
had by him within th by a fine of not more than $100
- after -he has been ord
" or by imprisonment for not
abatlt'strClr"'nuisdric~ Su more than 90 days."
rances may be abated
meaner prescribed by t passed by 2h8,Council this
2B•th day of March
1966
dinance.
Section 5. InsPretlon ~ ,
.
s/Stanley YV. Olson, Ma
Attest: Yor
vestfi~ntion. Subdivision
nnal..llasiPectlon. The 1
shal'l.t nepe¢~ all premis s/Edward J. Moline, City Clerk
(„March 31, Y966
>
nlacea"wtthin'the city as vr~c., -------
a racticable to determine
her any condition describ-
Section 4 exi3~ts th ereon.
all investigate all r eport-
cidents of plant pe st in-
1~Ltd. 2. `Entry oa Pr)vate
Pr6mlAre Tfie forester or hie
duly auE#iorized agents may en-
ter. upon;, private premises at
any ,reasonable time for the
purpbse,o>4 carrying out any of
the d'~ s;ita signed him under
this ot~llnance.
Subd.- 3- DiaRnoele. The fores-
ter shall, upon finding condt-
tions• indicating plant pest in-
festat30n, immediately send ap-
proprialte specimens or samples
to the commissioner of agricul-
Affidavit of Publication
STATE OF MINNESOTA
COUNTY OF HENNEPIN, ss
?o'~2rt ~ a~=~.~ L. , Guy T. Farrington, being duly
sworn, on oath says; that he is, and during all the times herein stated
has been, one of the publishers of the newspapex knovan as The
Richfield News, and has full knowledge of the facts hereinafter
stated; that for more than one year prior to the publication therein
Legal Notice -Bill No. 19bb-5, Ordinance No. 11.11
relating to the Control and Prevention of Plant Pests
within the City of Richfield. Passed by the City Cotancil,
oS the ----•---------------••-•------••-••-----•-----•--••--•---•-••-•---•--------•---•---••--------•-----------•----•-------•------
.hereto attached, said r_ewspaper was published an the tillage of Rich-
field, in the County of Hennepin, State of Minnesota, on Thursday of
each week; that duri-rg all said time said newspaper has been printed
in the El;;giish language from its office of publication within the Vil-
lage of Richfield, Hennepin County, iViinnesota, from which it is issued
as above stated and in newspaper format and in column and sheet
form equivalent in space to at least 450 manning inches of single col-
umn, two inches wide; has been issued a.s aforesaid once each. week
from a known office established in said place of publication and em-
ploying skilled workmen and the necessary material for preparing
and printing the same; that the press work on that part of the news-
paper devoted to local news of interest to the community it purports
to serve has been done in its known office of publicatiolz; that during
all said time in its makeup riot less than twenty-five percent of its
news columns 1~ave been devoted too local news of interest to the com-
munity it purports to serve; that during all said time it has not
wholly duplicated any other publication, and has not been entirely
made up of patents, plate matter and advertisements; has been cir-
~ulated in and near its said plane of publication to the extent of at
east two hundred and forty (240) copies regularly delivered to pay-
ng .subscribers and has entry as second class matter in its local post-
>ffice; that a copy of each issue has been filed with the State Histori-
;al Society, St. Paul; and that there has bbeen on file in the affice~ of the
county Auditor of Hennepin County, Minnesota., the affidavit of a per-
son having knowledge of the facts, showing the name and location of
said newspaper and the existence of the conditions constituting its
qualifications as a legal newspaper.
Legal Notice -Bill No. 19bb-5, Ordinance No. 11.11
relating to the ~'ontrol and Prevention of Plant Pe is
within the City of Richfield. Passed by the City ~ouncil.
That the -----•-•--•----•---------------•-------••-•----•------•----•-•-•--•-•-•---.-....--•--•----.-.-.--•--•--•-...------
hereto attached was cut from the columns of said newspaper, and was
printed and publ-fished therein in the English language, once each
weal>, for .--.._ oIIe-.-.-•... successive weeks; that it was first so published
on Thursday, the --..-.-_.--31st March, 19bb
------------------ day of ----- ------------------•--•--•----•-------•---
and thereafter on Thursday of each week to and including the
------------------•----•--------•----- - ------- day af ---•---•-•••-----------------••-----•---•--------------- 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, t~o-wit:
abcdef ghij klmnopgrstuvwxyz
abcdefghijklmnopgrstuvwayz ,-- -~
Subscribed and sworn to before,me 'the l~t._-.:: day of --April' 19bb.
•- •-----
f~ ~_~
,,//~~ /
.._..-.. ,....-! .......,,V...
Notary Pwblic, Hennepin County, Minn.
My Commission expires ....•.---EtiYJ . y,i ..gpClS..--.'n ~oilbtY't'i4ian.
AR~•• Hennep
*lotary ptdblic, Q p ri18.1972.
.a.- ~ortii'^.iS`-'enExpir,s P
~,.,;
biirned~anfl any other dead tree
~r part thereof such as logs,
branches, stumps and firewood,
which are• .harboring plant
nests, or ~hioh are determined
to -be likely to harbor such
Pests.
Subd. 2. Abatement. It is un-
lawful for any person to permit
in 9vbdivieio4181nto r maininon
any premises owned or control-
led by him within the city,
after ,he has been ordered to
abatb "such"'nuisdtioe; Sucli- nui-
sances may be abated in the
maxiner prescribed by this or-
d finance.
s•esti~aiton~ sub ivisionnlaAa-
nnal..ltnsnectlon. The forester
shal'l' inapee# all premises and
Places within the city as often
a racticable to determine
h:s9r any condition describ-
Section 4 exists thereon.
all investigate all report-
s cidenta of plant pest in-
ion.
d. 2. 'Entrq on Private
Premtse~. The forester or his
duly au orYzed agents may en-
ter.. upon,. private prem•iaes at
ang ,reasonable time for the
PUrpb3e_oi, carrying out any of
tha duf~,ea?asaign~d him under
this o finance.
Subd.- 3' Diaisnosls. The fores-
ter shall, upon finding condi-
tions indicating plant pest in-
festation,. immediately send ap-
Proprialte specimens or samples
to the commissioner of agricul-
ture for analysis, ox .takes„ol.
other steps for diagnosis as
may be recommended by the
commissioner. Except as Dro-
vided 'in $e~etion 7 and 8, no
action to remove infected trees
or wood shaII be taken until
positive diagnosis of the disease
has been made.
Section 6. Abatement of Ptant
Pest 111nisances. Subdivision 1.
In abating the nuisances defin-
ed in Section 4, the forester
shall cause the infected tree
0 od to be sprayed, removed,
b d or otherwise •effectivelY
t d so as to destroy and
n t as fully as possiblA the
of plant pests. Such s-
ent procedures shall be
c. ed out in accordance with
current techn+ral and °xpert
opinions and plans as designat-
ed by the commissioner of ag-
ricuIture.
Section 7. Procedure !or Re-
moval o! Infested Trees and
Rood. Subdivision 1. Whenever
the forester finds with reason-
able certainty that the infes-
tation defined in Section 4
exists in any tree or wood
within a public way or boule-
vard in the city, he shall pro-
ceed as follows:
A. If the forester finds that
the danger of infestation oP
other trees is not imminent
i>ecause of dormancy, he shall
make a written report of his
findings to the council which
shall proceed by (1) abating
the nuisance as a public im-
provement under Minrnesota
Statutes, chapter 429 or (2)
abating the nuisance as pro-
vided in Subd. 2 of this section.
B. If the forester finds that
the danger of .infestation of
other trees is imminent, he
al.all nnfiPv ~i.u oh,•*fino nrnn-
Su pa. u.
abatements donev~nderst this
section and shall report month- .-.
ly to the city manager all work
done for which' assessments are
to be made, stating and certi-
fying the description of the
land, lots, parcels involved and
the amount charge'abl.e, to each.
Subd. 4. On:or before Septem-
ber 1 of each year, the clerk
shall list the total unpaid
charges for each abatement a-
c*ainst each separate lot or Par-
cel to which they are at'tribut-
councidemj then lspread ,the
charges or anyC Dortion thereof
asst ast speciajrbassetssment 1 for
certification to the county au-
riitor and collection th'e follow-
ing year along with current
taxes.
Section 8. Snra7lns o! Trees.
Subdivision 1. whenever the
`are~ter determines that any
tree or wood within the city is
infected with dutch elm dl-
ease, oak wilt or other plant
pests, he may spray ail, nearby
high valued .trees, with an ef-
fective pest destroying concen-'
Irate. SpraYin~ activities au-
bhorconducted bin Se accordancle
wns and plansaof the commis-
sioner of agriculture; and under,
the supervision- of the commis-
. stoner and his agents whenever
possible.
Subd. 2. The notice, bpd assess-
ment provisions of Seddon 7 aP-
nly to spraying operations con-
ducted under this section.
Section 9. Transporting Cer-
tain Wood Probtb~tcd. Subdi-
perlson ito itra sport within the
ci'tY any bark be•ariYrg elmwood
without having obtained a per-
mit from the forester. The for-
only when t e puiposesDofrthis
ordinance viii be served there-
by.
Section 10. Ipterference Pro-
hibited. It is unlawful for any
person to prevent, delay' or in-
terfere with•the forester or his
agents while they are engaged
in the Performance of the du-
ties imposed by this ordinance.
Section 11. Penalty. Any per-
son, firm oY corporation who
ordlinance ie/ guiItyioof a miss
demeanor and may be punished
by a fine of not more than $100
or by imprisonmQnt for not
moue than 90,>yia~~?~
Passed by, K4'„'council this
2&th day of M~ar'ch, 1966.
s/Stanley ~'~. Olson, Mayor
Attest:
s/Edwa~~arc1M 31ne1966j Clerk
--.one-.-..--.- successive weeks; that
;d'ay, the ---------•-------------•-----•---------_ day of
°eafter on Thursday of each week
----••------•----•---...-----. day af ---•-------------------------
ling is a printed copy of the lower cas
lsive, and is hereby acknowledged as
ced in the composition and publicatio:
abcdefghi] klmnopgrstuvwl
abcdefghi jklmnopgrstuvwa3
:/~
and sworn to before~me ''the -.--. ~~a
3lst
rte' ,,,
Nots,ry Pwblic, Her
lion expires ....-------••- - yl ..gpGK,.
EDV~1~1R~- Henrn
.Notary Pob,ic,
~~ Ar~r::s-len Ex~