75-6.05 ORD (1973) - Laserfiche WebLink

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ORDINANCE NO. 6.05 AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM AND OAK WILT DISEASES WITHIN THE (CITY) OF ELK RIVER The city council of Elk River ordains: Section 1. Declaration of Policy.) The city council of Elk River has determined that the health of elm and oak: trees within the municipal limits is threatened by fatal diseases known as Dutch elm and oak wilt di- seases. It has further determined that the loss of elm and oak: trees growing upon publiC and private property would substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the council to control and preve~t the spread of these diseases and this ordinance is enacted for that purpose. Section 2. Forester.) Subd. 1. Position Created. The position of forester (tree inspector) is hereby created within the street department of the city. Subd. 2. Duties of Forester. (Tree Inspector) It is the duty of the forester to coordinate, under the direction and control of the counCil, all activities of the municipality relating to the control and prevention ef Dutch elm and oak wilt diseases. He shall recommend to the council the details of a program for the control of Dutch elm and oak wilt diseases, and perform the duties incident to such a program adopted by the council. Section 3. Shade Tree Disease Control Program.) Subd. 1. It is the intention of the council of Elk River to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statues 1974, Section 18.023, as amended. This program is directed specifically at the control of Dutch elm and oak wilt diseases. The city forester shall act asscoorinator between the Commissioner of Agriculture and the council in the conduct of this program. Section 4. Nuisances Declared.) Subd. 1. The following things are public nuisances whenever they may be found within the city of Elk River: A. AnY Ii ving or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (buisman) Moreau or which har~ors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh) or any oak tree infected with oak: wilt fungus, Ceratocystis fagacearum (Bretz), Hunt. B. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been re- moved. C. Any diseased oak tree or parts thereof not treated in accordance with prescribed methods approved by the Commissioner. 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 the person within the city of Elk River. Such nuisances may be abated in the manner prescribed by this ordinance. Section 5. Inspection and Investigation.) Subd. 1. Continuous Inspection. The forester shall inspect all premises and places within the city as often as practicable to dtermine whether any condition described in Section 5 of this ordinance exists thereon and shall investigate all reported incidents of infestation by Dutch elm or oak wilt fungus. Subd. 2. Entry on Private Premises. The forester or his duly auth.... orized agents may enter upon private premises at any reasonalle time for the purpose of carrying out any of the duties assigned him under this ordinance. Subd. 3. Diagnosis. The forester shall, upon finding condi ti ons indicating Dutch elm or oak wilt infestation, immediately send appropriate samples to the S*ate Diagnostic laboratory for ananlysis, or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in Section 8 no action to remove infected trees or wood shall be taken until positive diagnosiS of the disease has been made.