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HomeMy WebLinkAbout13.B.1. Shade Tree Disease Control and Prevention Text Amendment-Ord. No. 826 /3# B./ j CITY OF SHAKOPEE MEMORANDUM Subject: Mayor and City Council and Pamela Punt, Council- Elect Mark McNeill, City Administrator Jamie Polley, Director of Parks, Recreation & Natural Resources~ Shade Tree Disease Control and Prevention Text Amendment To: From: Meeting Date: December 1, 2009 INTRODUCTION: This agenda item seeks review and approval of Ordinance No. 826, Fourth Series, An Ordinance of the City of Shako pee, Minnesota, Amending City Code Section 10.70, Relating to Shade Tree Disease Control and Prevention. BACKGROUND: The Emerald Ash Borer is a shade tree pest that has been found in Minnesota and threatens ash trees. The pest can be devastating with similar effect of Dutch elm disease and oak wilt. The Minnesota Department of Agriculture and the Minnesota Department of Natural Resources are developing guidelines for control and management of this invasive pest. Cities are encouraged to establish a control and maintenance plan as well. City Staffhas currently developed a Forestry Specification Manual for City staff to utilize when planting, managing and removing trees within the City. The manual will also be available for the public to reference. The Forestry Specifications Manual combines City Code Section 7.05, Section 7.18, Section 10.70 and Section 11.60, Subdivision 9 into one working document. The City Council reviewed the Forestry Specifications Manual on October 20, 2009 and directed staff to evaluate the notification and removal process of diseased trees in Section 10.70. DISCUSSION: The current City Code Section 10.70 pertaining to Shade Tree Disease Control and Prevention addresses only the shade tree diseases of Dutch elm disease and Oak wilt. Section 10.70 was developed based on Minnesota Statutes put in place for control and maintenance of the diseases. The Minnesota Statutes have since been repealed and different guidelines have been established. In addition to Dutch elm disease and oak wilt, the emerald ash borer has also been discovered. The amended ordinance addresses the shade tree pests in addition to the shade tree diseases. The amended ordinance also establishes a more efficient procedure for removal of infected trees and wood. The procedure includes written notification and communication with the property owner or occupant, provides reasonable time for removal, and establishes a protocol for removal if the abatement is not completed. Page 1 of2 The amended ordinance will allow the Council and City staff to effectively and efficiently control and prevent shade tree diseases and shade trees pest within the City. The ordinance allows for staff to follow the guidelines set forth by the Minnesota Department of Agriculture and the Minnesota Department of Natural Resources when controlling and preventing any shade tree disease or shade tree pest that may be discovered. VISIONING RELATIONSHIOP: The agenda item appears to meet the following aspects of the City's vision: Goal: High Quality of Life Strategies: Protect the Environment AL TERNA TIVES: I. Approve Ordinance No. 826 relating to Shade Tree Disease and Shade Tree Pest Control and Prevention as presented. 2. Approve Ordinance No. 826 relating to Shade Tree Disease and Shade Tree Pest Control and Prevention with revisions. 3. Table the matter for additional information. REQUESTED ACTION: If Council concurs, offer Ordinance No. 826, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 10.70, Relating to Shade Tree Disease and Shade Tree Pest Control and Prevention, and move its adoption. Page 2 of2 ORDINANCE NO. 826, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SECTION 10.70 OF THE CITY CODE RELATING TO SHADE TREE DISEASE CONTROL AND PREVENTION THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 10, Section 10.70, Shade Tree Disease Control and Prevention, is amended to readas follows: SEe. 10.70.SHADE TREE DISEASE AND SHADE TREE PEST CONTROL AND PREVENTION. Subd. 1. Policy and Purpose. The City has determined that the health of shade trees oak und elm trees-is threatened by fatal disease and pests. known as oak wilt and Dutch elm disease. . It is further determined that the loss of shade trees oak and elm trees located on public and private property would substantially depreciate the value of property 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 prevent the spread of these diseases and pests, and provide for the removal of dead or diseased trees, as nuisances. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. The term "shade tree disease" means a disease affecting an over story deciduous tree such as Dutch Elm disease or oak wilt disease. :&B. The term "shade tree pest" means any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest such as the Emerald Ash Borer. Bo-c. The term "Tree Inspector" means the City Administrator, or such other employee of the City as the Council may designate and who shall thereafter qualify, together with their duly designated assistants. G:-D. The term "nuisance" means (1) any living or standing tree infected to any degree with a shade tree disease or shade tree pest; or, (2) any logs, branches, stumps or other parts of any dead or dying tree, so infected, unless such parts have been fully burned or treated under the direction of the Tree Inspector. Subd. 3. Scope and Adoption bv Reference. Minnesota Statutes, 89.001, 89.01, 89.51-.64, Sections 18.01 through 18.023 Chapter 18G and Chapter 18J, inclusive, are hereby adopted by reference, together with the Rules and Regulations of the Minnesota Commissioner of Agriculture relating to shade tree diseases; provided, that this Section shall supercede such Statutes, Rules and Regulations, only to the extent of inconsistencies. Subd. 4. Unlawful Act. It is a petty misdemeanor for any person to keep, maintain or permit upon Premises owned by that person or upon public property where that person has the duty of tree maintenance, any nuisance as herein defined. Subd. 5. Inspection and Dia2nosis. It is the power and duty of the Tree Inspector to enter upon public and private property, at any reasonable time, for the purpose of inspection for, and diagnosing, shade tree disease or a shade tree pest. In cases of suspected shade tree disease-ill shade tree pest, and in performance of Inspector's duties, the Tree Inspector may remove such specimens, samples and biopsies as may be necessary or desirable for diagnosis. Subd. 6. Abatement of Nuisance. Abatement of a nuisance, defined herein, shall be by spraying, removing, burning, or otherwise effectively treating the infected tree or wood to prevent spread of shade tree disease or shade tree pest. Such abatement procedures shall be carried out in accordance with the current technical and expert methods and plans as may be designed by the Commissioner of Agriculture of the State of Minnesota. The City shall establish specifications for tree removal and disposal methods consistent therewith. Subd. 7. Procedure for Removal of Infected Trees and Wood. A. Whenever the Tree Inspector finds with reasonable certainty that the infection or danger of infection, exists in any tree or wood on any public or private property, the Tree Inspector shall proceed as follow: . 1. The Tree Inspector shall notify in writing the owner of record or occupant 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 anv party to receive the mail does not invalidate the service of the notice. A copv of the notice will be filed with the Parks, Recreation and Natural Resources Depmtment. If....t:fle Tree Inspector finds that the dmlger of infection if other trees is not imn:1inent because of dormancy of shade tree disease, the Tree Inspector shall make a \7,,'fitten report of Impector's finding to the Council v/hich shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes, Chapter ~29, or (2) abating the nuisance as pro';idcd in Subparagraph B of this Subdivision. ~2. The notice of abatement shall state that unless the public nuisance is abated bv the owner or occupml1, it will be abated bv the City at the expense of the owner or occupant. 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. :l-f-tfle Tree Inspector finds that danger of infection of other trees is imminent, the Tree Inspector ;;ha11 notifY the O\'/ner of the propelty, or the abutting property, as the case may be, by certified mail that the nuisance V/ill be abated 'vvithin a specified time, not less than (5) days from the date of the mailing of such notice. The Tree Inspector shall immediately report ~mch action to the Council, and after the expiration of the time limited by the notice the Tree Inspector may abate the nuisance. 3.-3. If the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time grmlted, the Tree Inspector or designated person shall have the authoritv to enter the property, and CatTV out abatement in accordance with the notice of abatement. If the Tree Inspector finds '.vith reasonable certainty that immediate action is required to prevent the spread of shade tree disease, the Tree Inspector may proceed to abate the lluisance forthv.ith. The Tree Inspector shall report such action ilmnediately to the Council and to the abutting property owner, or to the ovmer of the property ',vhere the nuisance is located. B. If the Tree Inspector determines that the danger if infection or infestation to other shade trees is imminent and delay in control measures may put public health, safety. or welfare in immediate danger. the tree insQector m.av provide for abatement without following subdivision 7.A. or 8. 111e Tree Inspector must reasonably attempt to notify the ovmer or occupant of the affected propertv of the intended action and anv cost recovery by the next regularly scheduled Council meeting. Upon receipt of the Tree Inspector's report required by Subparagraph iI", Item l, the Council shall by resolution order the nuisance abated. Before action is taken on ~mch re~;olution, the Council shall publish a notice of its intention to meet to consider takial:; action to abate the nui~;anee. This notice shall be mailed to affected property owners and published once no less than ono (1) '.veek prior to such meeting. The notice shall state the time and place of the m.eeting, the streets affected, action propo~;ed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of cost~;. At such hearing of adjournment thereof, the Council shall hear property eVll1ers w'ith reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming. the original resolution "'lith such modification~; as it condders de~;irable and provide for the doing of the work by day labor or by contract. c. 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. D. The Tree Inspector shall keep a record of the costs of abatements done under this Subdivision and shall report monthly quarterly to the City Administrator 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. Eo E. The Ov.'11er of premises on which a nuisance has been abated by the City shall be personally liable for the cost to the Citv of the abatement including administrative costs. As soon as the work has been completed ,md 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 Citv Clerk. F. On or before September 1 of each year the City Administrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Section. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes, Section 429.101, and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. :F-:-~No damage shall be awarded the owner for destruction of any tree, wood or part thereof pursuant to this Section. Subd. 8. Hilzh-Cost Abatement. If the Tree Inspector determines that the cost of abating a nuisance will exceed $5,000 based on a reasonable, good faith estimate, the written notice referred to in Subdivision 7 must provide that if the nuisance is not abated vvithin the reasonable amount of time provided. the matter will be refeued to the City Council for a hearing. The date, time, and location of the hearing must be provided in the notice. Subd. 98. Spravin2 of Trees. A. Whenever the Tree Inspector determines that any tree or wood is infected or threatened with infection, the Tree Inspector may spray or treat all nearby high value trees with an effective concentrate or fungicide or both. Activities authorized by this Subdivision shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commission and Inspector's agents whenever possible. ~The notice and assessment provisions of Subdivision 7 apply to spraying and treatment operations conducted under this Subdivision. Subd. 109. Transportin2 Wood Prohibited. It is against the law (M.S. 89.551 Sec. 2 Subd.3b) to bring unapproved firewood into any state park, state forest or day-use area.!t b a petty mi:;demeanor [:or LillY person to transport any elm 'Nood, or, in the months of April, Mayor .TUlle, to transport any oak wood, "x;ithout having obtained a permit from the Tree Inspector. The tree Inspector shull grant such permits only when the purpo:;ed of thb Section ..vill be served thereby. Subd. H(). Interference Prohibited. It is a petty misdemeanor for any person to prevent, delay or interfere with the Tree Inspector while the Tree Inspector is engaged in the performance or duties imposed by this Section. Subd. 12-1-. Additional Duties of the Tree Inspector. It is the additional duty of the Tree Inspector to coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of shade tree disease or shade tree pests. The Tree Inspector shall recommend to the Council the details of a program for the control of the diseases or pests, and perform the duties incident to such a program adopted by the Council. Subd 132. Diseased Trees or Pest Trees in Streets. The rights, duties and responsibilities of property owners set forth in this Section shall be equally applicable to, and binding upon, abutting property owners with tree maintenance responsibilities under the Section of the City Code entitled "Regulation of Grass, Weeds and Trees in Streets". Subd. 14~. Subsidies. The duty of any property owner to bear the cost of removing or maintaining trees, whether by private contract or assessment, shall be subject to a subsidy policy, if any, established by the City for the treatment or removal of trees infected with shade tree disease or shade tree pest. Section 2. Summary Approved. The City Council hereby determines that the text of the summary ordinance marked "Official Srnnmarv or Ordinance 826", a copv if which is attached hereto. clearly informs the public ofthe intent and effect of the ordinance. The Council further determines that publication of the title and such summary win clearly inform the public of the intent and effect of the ordinance. Section 3. Posting and Filing. A copv of this ordinance is tiled in the office of the City Clerk and a COPy is provided to the Shakopee Library tor posting and filing, at which locations a coPY is available for inspection bv any person during regular office hours. Section 4. The City Clerk shall publish the title of this ordinance and the official summary in the official ne\vspaper with notice that a printed copy of the ordinance is available for inspection by ,my person dming regular office hours at the office of the City Clerk and Shakopee Librarv. Section 52 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this lst-Sth day of December-M-ay, 2009. John J. Schmitt Mayor of the City of Shakopee ATTEST: City Clerk New language is indicated by underlining and deleted language is indicated by strikethroughs. Published in the Shakopee Valley News on ,2009. Official Summary of Ordinance No. 826 The following is the official summary of Ordinance No. 826, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota on December 1,2009. ORDINANCE NO. 826, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 10, SECTION 10.70, RELATING TO SHADE TREE DISEASE CONTROL AND PREVENTION 1. The Ordinance amendment changes the title of Chapter 10, Section 10.70, from "Shade Tree Disease Control and Prevention" to "Shade Tree Disease and Shade Tree Pest Control and Prevention." 2. The Ordinance amendment applies the City Code's control and prevention of shade tree disease and shade tree pests. 3. The Ordinance amendment establishes definitions for shade tree pest. 4. The Ordinance amendment references Minnesota Statutes, 89.001, 89.01, 89.51-.64, Chapter 18G and Chapter 18J. 5. The Ordinance amendment establishes the removal procedures and notification process for compliance of infected public and private trees and wood. 6. The Ordinance amendment establishes the process for high-cost abatements. 7. The Ordinance amendment addresses transporting wood prohibitions. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Shakopee Library. Summary published in the Shakopee Valley News on ,2009