HomeMy WebLinkAbout1004ORDINANCE NO. 1004
CITY OF LAKEVILLE
COUNTY OF DAKOTA, MINNESOTA
AN ORDINANCE AMENDING TITLE 4,
CHAPTER 4 OF THE LAKEVILLE CITY CODE CONCERNING SHADE TREE
EPIDEMIC PEST CONTROL
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 4, Chapter 4 of the Lakeville City Code is amended in its entirety to read as
follows:
4-4-1: DECLARATION OF POLICY:
Trees provide many environmental, economic and aesthetic benefits to the public. The health of
the trees in the City of Lakeville is threatened by shade tree pests of an epidemic nature. The loss
or poor health of trees growing upon public and private property substantially depreciates the value
of property within the city and impairs the safety, good order, general welfare and convenience of
the public. The Council intends to address pests of an epidemic nature, defined as having a
widespread occurrence directly associated with a high mortality of a tree species. In addition to
and in accordance with Minn. Stat. §§ 89.001, 89.01, and 89.51-.64, the provisions of this section
are adopted as an effort to prevent, control and/or slow the spread of these serious shade tree pests
in an orderly and systematic approach in order to reduce the loss of tree benefits to the community
44-2: JURISDICTION:
The city shall have control of all boulevard (street) trees, shrubs, and other plantings now or
hereafter in any street, park, public right-of-way or easement, or other public place within the city
limits, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs,
and other plantings.
4-4-3: DECLARATION OF A SHADE TREE PEST:
The Council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen,
parasitic plant or allied organism in the community threatening to cause significant damage on an
epidemic level to a shade tree or community forest, as defined by Minn. Stat. § 89.001, to be a
shade tree pest and prescribe control measures to effectively eradicate, control, or manage the
shade tree pest, including necessary timelines for action as recommended by the Minnesota
Department of Agriculture and the University of Minnesota Extension.
44-4: PUBLIC NUISANCES DEFINED:
The following shade tree pests occurring within a defined control area on public or private property
are a public nuisance:
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A. Any living or dead ash tree, or part of it including logs, branches, stumps or firewood harboring
emerald ash borer, Agrilus planipennis Fairmaire in any life stage;
B. Any living or dead red oak tree, or part of it including logs, branches, stumps or firewood
infected with oak wilt Bretziella (form. Ceratocystis) fagacearum to any degree with the capability
of producing a spore mat;
C. Any living or dead elm tree or part of it including logs, branches, stumps or firewood infected
to any degree with the Dutch elm disease fungus Ophiostoma novo-ulmi or any non-infected elm
wood with intact tight bark that will harbor any of the elm bark beetles including but not limited
to Scolytus multistriatus, Scolytus schevyrewi, and Hylurgopinus rufipes;
D. Any living, dying or standing tree, wood or plant part infected with any vertebrate or
invertebrate animal, plant pathogen, parasitic plant or allied organism in the community
threatening to cause significant damage to other trees on an epidemic level as defined by Minn.
Stat. § 89.001.
4-4-5: SHADE TREE PEST NUISANCES ARE UNLAWFUL:
It is unlawful for any person to permit any public nuisance as defined in this section to remain on
any premises the person owns or controls within the city. It is unlawful for any person to transport
any infested or infected plant material determined to be a shade tree epidemic pest unless
prescribed by the city forester or designated tree inspector, including the sale of or dispersal of
firewood found to be infested. The nuisance may be abated as provided in this section.
4-4-6: CITY FORESTER:
The Council may appoint a city forester who is a Minnesota Certified Tree Inspector to coordinate
the activities of the city relating to the control and prevention of damage by shade tree pests. The
city forester will recommend to the Council the details of any program for the declaration, control,
and prevention of shade tree pests. The city forester is authorized to enforce or cause to be enforced
the tasks incident to such a program adopted by the Council. The term "tree inspector" includes
any person designated by Council or the city forester to carry out activities authorized in this
section.
4-4-7: ABATEMENT OF SHADE TREE PEST NUISANCES:
In abating a nuisance, defined under Section 4-4-3 of the City Code, the organism, condition, plant,
tree, wood, or material identified as injurious on an epidemic scale to the health of shade trees shall
be removed or effectively treated to destroy and prevent as fully as possible the spread of the shade
tree pest. Such abatement procedures shall be carried out in accordance with the control area and
control measures prescribed by The City of Lakeville Shade Tree Pest Control Area and Control
Measures Policies ("Policies"). Movement or transportation of infested wood or materials must
comply with the Policies.
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4-4-8: REPORTING DISCOVERY OF SHADE TREE PEST:
Any owner or occupier of land or any person engaged in tree pruning or removal who becomes
aware of the existence of a public nuisance caused by a shade tree pest as defined under Section
4-4-3 shall report the same to the city.
4-4-9: REGISTRATION OF TREE CARE FIRMS:
Any person, firm, or corporation that provides tree care, tree pruning, or removal of trees, limbs,
branches, brush, or shrubs for hire must be registered with the Minnesota Commissioner of
Agriculture under Minn. Stat. § 18G.07.
4-4-14: INSPECTION AND APPLICATION OF CONTROL MEASURES:
A. The city forester or designated tree inspector is authorized to inspect premises and places
within the city to determine whether shade tree pests exist thereon and to investigate all reported
incidents of shade tree pests. The tree inspector is authorized to take all reasonable measures to
prevent the maintenance of public nuisances and may enforce the provisions relating to abatement
in this section. Diagnosis of shade tree pests will be made by the presence of commonly recognized
visual symptoms and signs; and occasionally by tests when recommended by the commissioner of
the Minnesota Department of Agriculture or the commissioner of the Minnesota Department of
Natural Resources; or other reliable means.
B. The city shall notify the entire community by two means of communication such as the city
website and official newspaper when seasonal inspections for shade tree pests are about to
commence. In addition, the tree inspector shall knock on the door before entering private property
for the purpose of inspecting or abating nuisances. If the owner, resident, or other person in control
of the property does not answer the door, the property owner shall be provided with the opportunity
to schedule an inspection or abatement within a reasonable time period. If the inspection or
abatement is not authorized by the property owner within such reasonable time period,; the tree
inspector may take appropriate legal measures to gain authorization for entry.
C. No person, firm, or corporation shall interfere with the tree inspector or with anyone acting
under the city forester's authority while engaged in activities authorized by this section.
4-4-11: STANDARD ABATEMENT PROCEDURE:
Except as provided in Sections 4-4-12 and 4-4-14 of the City Code, whenever a tree inspector
determines with reasonable certainty that a public nuisance, as described by this ordinance, is being
maintained or exists on premises in the city, the tree inspector is authorized to abate a public
nuisance according to the procedures in this section.
A. The tree inspector will notify in writing the owner of record of the premises that a public
nuisance exists and order that the nuisance be terminated or abated. The notice may be given in
person or by mail. Failure of any party to receive the mail does not invalidate the service of the
notice. A copy will be on file at the City offices.
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B. The notice of abatement shall state that unless the public nuisance is abated by the owner, it
will be abated by the city at the expense of the owner. The notice shall specify the control measures
to be taken to abate the nuisance and provide a reasonable amount of time to abate the nuisance.
The notice will also state that the owner has the right to appeal the determination that a public
nuisance exists by submitting a request in writing to the city clerk within seven (7) days after
service of the notice, or before the date by which abatement must be completed, whichever comes
first.
C. If no timely appeal is submitted, and the control measures prescribed in the notice of abatement
are not complied with within the time provided by the notice or any additional time granted, the
tree inspector or designated person shall have the authority to obtain permission from the owner
or individual in control of the property or other legal authorization, enter the property and carry
out abatement in accordance with the notice of abatement.
4-4-12: HIGH-COST ABATEMENT:
If the tree inspector determines that the cost of abating a nuisance will exceed $3,000 based on a
reasonable, good faith estimate, the written notice referred to in Section 4-4-11 must provide that
if the nuisance is not abated within the reasonable amount of time provided, the matter will be
referred to the City Council for a hearing. The date, time, and location of the hearing must be
provided in the notice.
4-4-13: APPEAL PROCEDURE:
If the city clerk receives a written request for a hearing on the question of whether a public nuisance
exists, the City Council shall hold a hearing within fourteen (14) calendar days following receipt
by the clerk of the written request. At least three (3) days' notice of the hearing shall be given to
the individual who made the written request for the hearing. The Council may modify the
abatement notice or extend the time by which abatement must be completed. Each owner, agent
of the owner, occupant, and lienholder of the subject property or properties in attendance, if any,
shall be given the opportunity to present evidence at the hearing. After holding the hearing, the
City Council may issue an order requiring abatement of the nuisance.
4-4-14: ABATEMENT PROCEDURE IN EVENT OF IMMINENT DANGER:
A. If the tree inspector determines that the danger of infestation to other shade trees is imminent,
and delay in control measures may put public health, safety, or welfare in immediate danger, the
tree inspector may provide for abatement without following Section 4-4-11 or 4-4-12. The tree
inspector must reasonably attempt to notify the owner of the affected property of the intended
action and the right to appeal the abatement and any cost recovery at the next regularly scheduled
City Council meeting.
B. Nothing in this section shall prevent the city, without notice or other process, from immediately
abating any condition that poses an imminent and serious hazard to human life or safety.
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4-4-15: RECOVERY OF COST OF ABATEMENT; LIABILITY AND ASSESSMENT:
A. The owner of premises on which a nuisance has been abated by the city shall be personally
liable for the cost to the city of the abatement, including administrative costs. As soon as the work
has been completed and the cost determined, the city clerk or other official shall prepare a bill for
the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at
the office of the city clerk.
B. After notice and hearing, as provided ,in Minn. Stat. § 429.061 (which may be amended from
time to time), the city clerk shall, on or before Sept. 1 next following abatement of the nuisance,
list the total unpaid charges as well as other charges for current services to be assessed under Minn.
Stat. § 429.101 against each separate lot or parcel to which the charges are attributable. The City
Council shall then certify the charges against the property to the county auditor for collection along
with current taxes the following year or in annual installments as the City Council may determine
in each case.
4-4-16: PENALTY:
In addition to any penalties provided for in this code if any person, firm, or corporation fails to
comply with any provision of this section, the City Council or any official designated by it may
institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation.
4-4-17: SEVERABILITY:
Should any part or provision of this ordinance be declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof
other than the part held to be invalid.
SECTION 2. This Ordinance shall be effective immediately upon its passage and publication.
ADOPTED by the City Council of the City of Lakeville, Minnesota this 19th day of
November 2018
CITY OF LAKEVILLE
BY: 6��
Douglas . Anderson, Mayor
ATTEST:
Charlene Friedges, City
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199476vl
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
SUMMARY ORDINANCE NO. 1004
AN ORDINANCE AMENDING TITLE 4,
CHAPTER 4 OF THE LAKEVILLE CITY CODE CONCERNING
SHADE TREE EPIDEMIC PEST CONTROL
Ordinance No. 1004 amends City Code Title 4, Chapter 4 concerning shade tree
epidemic pest control management to address pests of an epidemic nature, defined as
having a widespread occurrence directly associated with a high mortality of a tree species.
The provisions of the Ordinance provide regulations to address prevention, control and/or
slow the spread of these serious shade tree pests through an orderly and systematic approach
in order to reduce the loss of tree benefits to the community. The Ordinance defines certain
public nuisances related to shade tree pests and declares such shade tree pests as unlawful
within the City. The Ordinance provides for inspection, application of control measures, and
an abatement procedure.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours or on the City's website.
APPROVED for publication by the City Council of the City of Lakeville, Minnesota this
19th day of November 2018
i
ATTEST:
, ill/l /Y,#v A - t /, J)i
Charlene Friedges, City Cle
199700v1
CITY OF LAKEVILLE
�•
!T,6s P. Anderson,Mayor
CITY SOF LAKEVILLE
DAKOTA COUNTY,
MINNESOTA
SUMMARY ORDINANCE
NO. 1044
AN ORDINANCE
AMENDING TITLE 4,
CHAPTER PIER 4 OF THE
LAKEVILLE CITY CODE
CONCERMIMG
SHADE TREE EPIDEMIC
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF RAMSEY
Amy Hamilton -Warwick,
being duly sworn on oath, says: that she is,
and during all times herein states has been,
Clerk of Northwest Publications, Inc.,
Publisher of the newspaper known as the
Saint Paul Pioneer Press, a newspaper of
general circulation within the Counties of
Chisago, Dakota, Ramsey and Washington
in Minnesota and Pierce and St. Croix in
Wisconsin.
That the notice hereto attached was from
the columns of said newspaper and was
printed and published therein on the
following date(s):
November 21, 2018
Newspaper Ref./Ad # 71423231
1tti Y"�'Ufz C{ —W
Subscribed and sworn to before me this
26th of November 2018
Ramsey County, Minnesota
My commission expires January 31, 2022
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BARBARA LYI1IV REGAL
Notary p
Ublic-Minne
-iR My Commies soca
"; ,�"•n�.^ stun Expires Jan 31, 2022