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ORDINANCE NO.13-11
<br /> AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
<br /> CHAPTER 82-VEGETATION OF THE CITY CODE OF
<br /> ORDINANCES
<br /> The City Council of the.City of Elk River does hereby ordain
<br /> as follows:
<br /> ARTICLE II.DISEASE TREES AFFIDAVIT OF PUBLICATION
<br /> ,on 1.That Section 82-30 of the City of Elk River Code of
<br /> Ord,,, ,ices.titled Definitions,shall be added to read as follows:
<br /> Sec.82-30-Definition.
<br /> Diseased tree means any diseased or insect-infested tree that
<br /> poses a threat to other trees in the community. STATE OF MINNESOTA
<br /> Section 2.That Section 82-31 of the City of Elk River Code of
<br /> Ordinances,titled Purpose of Article shall be amended to read as
<br /> follows:
<br /> COUNTY OF SHERBURNE ) SS
<br /> The city council has found and determined that the health ale
<br /> variety of trees within the municipal limits is tbreatened by fatal
<br /> diseases or insect-infested trees. They have further found and
<br /> deterramed that the loss of trees growing upon public or private
<br /> property would substantially depreciate the value of property Jill Donahue, being duly swom on oath says that she is the
<br /> within the city and impair the safety,good order,and general
<br /> welfare:of the public.It is declared to be the intention of the authorized agent of the Newspaper known as the Star News, and has
<br /> Council to control and prevent the spread of these diseases and full knowledge of the facts which are stated below:
<br /> this article is omacted for that purpose.
<br /> Section 3.That Section 82-32 of the City of Elk River Code of (A) The Newspaper has complied with all of the requirements
<br /> Ordinances,titled Duties of the Administrator shall be amended constituting qualifications as a qualified newspaper, as provided by
<br /> to read as follows:
<br /> It is the duty of the city administrator or designee to coordi- Minnesota Statue 331A.02, 331A.07 and other applicable laws, as
<br /> nate all activities of the city relating to control and:prevention of ammended.
<br /> diseased and insect infested trees.T'ne city act ministrafor or des
<br /> ignee shall recommend to the Council the details of a program for (B) The printed ORDINANCE 13-11, which is attached was cut
<br /> the control of diseased and insect-infested trees and perform the from the columns of said newspaper and was printed and published
<br /> duties incident to such a program as adopted by Council.
<br /> Section 4.That Section 82-33 of the City of Elk River Code of once a week for one week; it was first published on Saturday,the 25th
<br /> Ordinances,titled Control Program,shall be amended to read as day of May, 2013, and was therefore printed and published on every
<br /> follows: Saturday to and including Saturday,the 25th day of May,2013.
<br /> It is the intention of the Council to conduct a program of plant
<br /> pest control.This program is directed specifically at the control
<br /> and elimination of any diseased or insect infested trees.The city
<br /> administrator or designee shall act as coordinator between the
<br /> commissioner of agriculture,when necessary,and the Council in f
<br /> the conduct of this program. 4
<br /> Section 5.That Section 82-34 of the City of Elk River Code of
<br /> Or uces,titled Declaration of Nuisance,shall be amended rto
<br /> .re'. follows:
<br /> (4),Any ash tree or part thereof,infected to any degree with
<br /> the'Emerald Ash Borer
<br /> (5)Any other-tree infected with a disease or insect infestation.
<br /> Section 6.That Section 82-35 of the City of Elk River Code of Business Manager
<br /> Ordinances,titled Inspections;right of entry;identification of
<br /> diseased trees,shall be amended to read as follows:
<br /> (a)The city administrator or designee shall inspect all Subscribed and sworn to before me on
<br /> premises and places in the city as often as deemed appropriate to this 25th day of May,2013
<br /> determine whether any condition described in section 82-34(a)
<br /> exists within the city.The city administrator or designee shall
<br /> investigate all reported incidents of infestation by oak wilt
<br /> fungus Dutch elan.fungus Dutch elm bark beetles Emerald Ash
<br /> Boreror any other disease or insect infestation of trees
<br /> (c)The city administrator or designee shall identify diseased rwwv
<br /> or insect infested trees by generally accepted field symptoms such
<br /> as wilting yellowing of leaves or staining of wood,in accordance
<br /> with state department of agriculture rules and regulations,AGR
<br /> 106.Laboratory confirmation by the state department of ®® IVh6711BS0$�
<br /> agriculture will be used only when it is necessary. Commission Expires Jan 37,2017
<br /> Section 7. That Section 82-37 of the City of Elk River Code of Notary Public
<br /> Ordinances,titled Treatment or removal of infected trees and
<br /> wood,'shall be amended to read as follows: .. . . .......... ... ........ .
<br /> In abating the nuisances described in this article,the city
<br /> administrator or designee shall cause the infected tree or wood to j � INFORMATION
<br /> TI®N
<br /> be sprayed,removed,burned,or otherwise'effectively treated so
<br /> as to destroy and prevent as fully as possible the spread of oak
<br /> wil t,Dutch elm disease,Emerald Ash Borer or any other disease (1)Lowest classified rate paid by $21.00
<br /> or insect infestation.Such abatement procedures shall be carried
<br /> out in accordance with current technical and expert opinions as commercial users for comparable space (line,word or inch rate)
<br /> may be designated by the state commissioner of agriculture and
<br /> as approved by other appropriate state;agencies. : : $15.50
<br /> Section 8.That Section 82-38 of the City of Elk River Code of (2)Maximum rate allowed by law for
<br /> Ordinances,titled Treatment oftrees near infected trees,shall be the above matter (line,word or inch rate)
<br /> amended to read as follows::
<br /> Whenever the city administrator or designee determines (3)Rate actually charged for the above
<br /> th, .ry oak tree,elm tree;elm wood;ash tree or any other tree $15.00
<br /> in the eltyis infected with oak wilt,Dutch elm fungus,Dutch elm matter
<br /> bark beetles,or Emerald Ash Borer the city administrator or (line,word or inch rate)
<br /> designee may spray or inject all nearby trees likely to be infected 3398767
<br /> with an effective concentrate.Spraying or injecting activities
<br /> authorized by this section shall be conducted in accordance with
<br /> technical and expert opinions and plans of the state commissioner
<br /> of agriculture and under the supervision of the commissioner and
<br /> agents of the commissioner whenever possible.
<br /> Section 9.That Section 82 39 of the City of Elk River Code of
<br /> Ordinances,titled Transporting diseased wood;shall be amended"
<br /> to read as follows:
<br /> Loads of diseased or insect infested trees shall be properly
<br /> secured so that twigs,branches and other debris are not lost en
<br /> route.
<br /> Section 10. That this ordinance shall take effect upon'
<br /> adoption as provided by law.
<br /> Passed and adopted by the City Council of the City of Elk'
<br /> River this 20th day of May,2013.
<br /> John J Dietz,Mayor
<br /> A^' EST:
<br /> Ti- zllard,City Clerk
<br /> May 25,2013
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