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HomeMy WebLinkAbout03-09-2010 NRRC 13 EAB Ordinance ChangeCity of Hastings Parks & Recreation th 920 W 10 St, Hastings MN 55033 Ph: (651) 480-6175 Fax: (651) 437-5396 Web: www.ci.hastings.mn.us “Creating Community Through People, Parks, and Programs” Date: 3/3/10 To: Natural Resources and Recreation Commission From: Barry Bernstein, Parks and Recreation Director Subject: Emerald Ash Borer Management Plan This issue is being brought before you again as the City Council had some questions and concerns regarding the management plan. One concern is an ordinance modification that specifies EAB and process of removal, disposal, and cost applied to either option. Staff is seeking a recommendation from the NRRC to place the adjusted ordinance language in front of the full council. Civic ArenaAquatic CenterYouth First th 2801 Red Wing Blvd. 901 Maple Street 920 W 10 Street Ph: (651) 480-6195 Ph: (651) 480-2392 Ph: (651) 480-6182 Fax: (651) 437-4940 Fax: (651) 437-5396 Fax: (651) 437-5396 City of Hastings ordinance 90.05 GRASS, WEEDS, AND TREES IN STREETS. (A) The city shall have control and City to control trees and grass plats. supervision over all shrubs and trees upon, or overhanging all streets or other public property, and all street right-of-way or other public property. (B) Duty of property owners to cut grass and weeds and maintain trees and Every owner of property abutting on any street shall cause the grass and shrubs. weeds to be cut from the line of the property nearest to the street in the center of the street. If the grass or weeds in such a place attain a height in excess of 12 inches it shall be prima facie evidence of a failure to comply with this division (D). Every owner of property abutting on any street shall, subject to the provisions herein requiring a permit therefore, trim, cut, and otherwise maintain all trees and shrubs from the line of the property nearest to the street to the center of the street. (C) The city shall, in cases of failure to comply with City may order work done. division (D) above, perform the work with employees of the city, keeping an accurate account of the cost thereof for each lot, piece, or parcel of land abutting upon the street. (D) If the maintenance work is performed by the city as set forth in Assessment. division (E) above, the City Clerk shall forthwith upon completion thereof ascertain the cost attributable to each lot, piece or parcel of abutting land. The City Clerk shall, at the next regular meeting thereof, present the certificate to the Council and obtain its approval thereof. When the certificate has been approved it shall be extended as to the cost therein stated as a special assessment against the abutting land and the special assessment shall, at the time of certifying the taxes to the County Auditor, be certified and collection, or in the alternative, the city may institute civil suit to collect the cost of the service. (Prior Code, ' 6.06) Penalty, see ' 10.99 95.04 TREE DISEASES AND TREE THREATENING PESTS. (A) The following are public nuisances Trees constituting nuisance declared. whenever they may be found within the city: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus or which harbors Ceratocystis Ulmi (Buisman) Moreau any of the elm bark beetles or Scolytus Multistriatus (Eichh.) Hylungopinus Rufipes ; (Marsh) (2) Any dead elm tree or part thereof, including branches, stumps, firewood, or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus ; Ceratocystis Fagacearum (4) Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5) Any other shade tree with an epidemic pest or disease. Pests include Emerald Ash Borer (Agrilus Planipennix) or other insect or microorganism that is harmful to trees; and (6) All wood from shade trees with an epidemic pest, such as Emerald Ash Borer, shall be stored and/or moved only in accordance to state and federal guidelines. (B) It is unlawful for any person to permit any public Abatement of nuisance. nuisance as defined in division (A) of this section to remain on any premises the person owns or controls within the city. The nuisance may be abated as provided in ' 95.24. (C) The City Clerk shall keep a record of the costs of abatement Record of costs. done under this section for 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. (D) On or before September 1 of each year, the City Clerk shall Unpaid charges. list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment as authorized by M.S. ' 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the County Auditor and collection the following year along with the current taxes. Penalty, see ' 10.99 Step #1: Ordinance Revisions (Minneapolis) Much of the success that the MPRB has experienced in controlling the spread of Dutch Elm Disease (DED) has resulted from the legislative authority prescribed in local ordinances. Article II of Chapter 10 addresses DED control by declaring DED to be a public nuisance. The ordinance then details the prohibition of the nuisance, the right to enter all premises for inspection, abatement procedures for public and private property, collecting assessments and not interfering with performing the duties that the ordinance imposes. Because the current ordinance deals only with DED, a revision will be needed to prepare for the arrival of EAB. The obvious change will be to cover all tree threatening pests within Minneapolis. By necessity a pest will be defined as an injurious insect or microorganism that is harmful to trees. By broadening the scope of the ordinance, it will be possible to adapt to both known and future pests. 3. City of Rochester Ordinance 47.01-47.11 Shade Tree Disease Control has been updated to reflect the Emerald Ash Borer threat. The same parameters concerning Dutch Elm Disease and Oak wilt are appropriate measures to slow the spread of EAB.