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The City Council of the City of Elk River does hereby ordain as follows: <br />ARTICLE I1. DISEASE TREES <br />Section 1. That Section 82 -30 of the City of Elk River Code of Ordinances, titled <br />Definitions, shall be added to read as follows: <br />Sec. 82 -30 — Definition. <br />Diseased tree means any diseased or insect- infested tree that poses a threat to other trees in the <br />community. <br />Section 2. That Section 82 -31 of the City of Elk River Code of Ordinances, titled <br />Purpose of Article shall be amended to read as follows: <br />The city council has found and determined that the health of a variety of trees within the municipal <br />limits is threatened by fatal diseases or insect- infested trees. They have further found and <br />determined that the loss of trees growing upon public or private property would substantially <br />depreciate the value of property 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 Council to control and prevent the <br />spread of these diseases and this article is enacted for that purpose. <br />Section 3. That Section 82 -32 of the City of Elk River Code of Ordinances, titled <br />Duties of the Adnninistrator shall be amended to read as follows: <br />It is the duty of the city administrator or designee to coordinate all activities of the city relating to <br />control and prevention of diseased and insect- infested trees. The city administrator or designee shall <br />recommend to the Council the details of a program for the control of diseased and insect- infested <br />trees and perform the duties incident to such a program as adopted by the Council. <br />Section 4. That Section 82 -33 of the City of Elk River Code of Ordinances, titled <br />Control Program, shall be amended to read as follows: <br />It is the intention of the Council to conduct a program of plant pest control. This program is <br />directed specifically at the control and elimination of any diseased or insect - infested trees. The city <br />administrator or designee shall act as coordinator between the commissioner of agriculture, when <br />necessary, and the Council in the conduct of this program. <br />Section 5. That Section 82 -34 of the City of Elk River Code of Ordinances, titled <br />Declaration of Nuisance, shall be amended to read as follows: <br />(4) Any ash tree or part thereof, infected to any degree with the Emerald Ash Borer <br />(5) Any other tree infected with a disease or insect infestation <br />