CR 2013-005 Second Reading of Ordinace Amending City Code Sections 935, Shade Tree Disease ControlC'1TY OF
C200.
January 2, 2013 N O P K I N S Council Report 2013-005
Second Reading
Ordinance Amending City Code Sections 935, Shade Tree Disease Control
Proposed Action.
Staff recommends adoption of the following motion: Move that Council adopt for
second reading Ordinance 2012-1057, amending City Code sections 935.
Overview.
Staff proposes the City Council amend the existing City Code Sections 935, Shade Tree
Disease Control. The amendment adds emerald ash borer to the list of tree diseases
and infestations, which also include Dutch Elm Disease and Oak Wilt. This allows the
City to inspect and prescribe abatement measures as recommended by the Minnesota
Commissioner of Agriculture.
Supporting information.
• Ordinance 2012-1057
• Summary Ordinance ublication
i
Steven J. Stadler, Public Works Director
Financial Impact: $ 0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2012-1057
AN ORDINANCE AMENDING SECTION 935 OF THE HOPKINS CITY CODE
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 935, Shade Tree Disease Control is amended as follows:
Section 935 - Shade tree disease control
935.01. Policy. The Council has determined that the health of the elm, ash and oak trees within the
municipal limits are threatened by fatal diseases known as Dutch elm disease Emerald Ash Borer (EAB)
infestation and oak wilt disease, respectfully. It has further been determined that the loss of elm and oak
trees growing upon private and public properties 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 prevent the spread of these diseases and this
section is enacted for that purpose.
935.02. Tree Inspector. The position of Tree Inspector is hereby created within the City to carry out the
provisions of this section and of Minnesota Statues, Section 18.023 as amended. The City Manager is
directed to employ or retain on a continuing basis a suitably qualified person as Tree Inspector, who shall
promptly become and remain certified as a Tree Inspector by the Minnesota Commissioner of
Agriculture. It shall be the 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 Dutch elm disease and oak wilt
disease. He shall recommend to the Council the details of the program for the control of such diseases,
and perform the duties incident to such a program adopted by the Council.
935.03. Shade Tree Disease Control Program. It is the intention of the City to conduct a program of
shade tree disease control pursuant to the authority granted by Minnesota Statues, Section 18.023, as
amended. This program is directed specifically at the control and elimination of Dutch elm disease, EAB
infestation and oak wilt disease and is undertaken on the recommendation of the Minnesota
Commissioner of Agriculture. The Tree Inspector shall develop a program plan in compliance with
Minnesota Statutes, Section 18.023, as amended, and the Regulations issued pursuant thereto by the
Department of Agriculture, for the identification and control of diseased elm, ash and oak trees, and shall
be responsible for the making and maintenance of all records and reports related to the program. The
Tree Inspector shall act as coordinator between the Minnesota Commissioner of Agriculture and the City
in the conduct of this program.
935.04. Nuisances Declared. The following are declared to be public nuisances whenever they may be
found within the City:
a) Any standing or living tree or part thereof infected to any degree with the Dutch elm disease
fungus, Ceratocystis ulmi (Busiman) Moreau, or which harbors any of the elm bark beetles,
Scolytus multistriatus (Eichh) or Hylurgopinus rufipes (Marsch). And also, any dead elm tree
or part thereof with bark intact including logs, branches, stumps, or firewood which has not
been disposed of properly.
b) Any living or standing tree or part thereof in the red oak group (red oak, pin oak) infected to
any degree with the oak wilt fungus, Ceratocystis fagacearum (Bretz) Hunt.
c) Also, any living or standing tree in the white oak group (white oak, bur oak) that poses a threat
of transmission of the oak wilt fungus to other trees of the same species through
interconnected root systems.
d) Any other shade trees with epidemic diseases including Emerald Ash Borer infestation.
Hopkins City Code
(Rev. 1989), 935.04
935.05. Abatement. It is unlawful for any person to permit a public nuisance as defined in 935.04 to
remain on any premises owned or controlled by that person within the City. Such nuisances may be
abated in the manner prescribed by this section.
935.06. Inspection and Investigation. Subdivision 1. Annual Inspection. The Tree Inspector or his
assistants shall inspect all premises and places within the City as often as practicable to determine
whether any condition described in 935.04 of this section exists thereon. He shall investigate all reported
incidents of infestation by Dutch elm fungus or elm bark beetles, emerald ash borer or oak wilt. He shall
also inspect all premises and places within the City by April 1 of each year for elm wood, logs, or stumps
that meet any of the conditions described in 935.04 a), and require by April 15, removal or debarking of
all wood, logs, and stumps to be retained.
Subd. 2. Entry on Private Premises. The Tree Inspector so designated by the Council may
enter upon private premise at any reasonable time for the purpose of carrying out the duties assigned to
him/her under this chapter. Before making any inspection on private property within the City, the Tree
Inspector shall give notice of the intent of said inspections by publishing a notice annually in a local
newspaper.
Subd. 3. Diagnosis. Whenever possible, diagnosis shall be based upon accepted field
symptoms. The tree inspector shall, upon finding indications of oak wilt, emerald ash borer or Dutch elm
disease, take such steps for diagnosis as may be appropriate, including analysis of twig samples from
actively wilting branches by the Department of Agriculture tree disease laboratory, or other laboratories
capable of performing such services approved by the Minnesota Commissioner of Agriculture.
935.07. Abatement of Shade Tree Disease Nuisances. In abating or ordering the abatement of the
nuisances defined in 935.04, the Tree Inspector shall cause or order the infected tree or wood to be
removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the
spread of the diseases. Such abatement procedures shall be carried out in accordance with prescribed
methods approved by the Minnesota Commissioner of Agriculture. If the Tree Inspector finds that Dutch
elm disease or oak wilt threatens to cross property boundaries or disease control area boundaries, the tree
inspector may require root graft disruption to prevent the spread of disease in this manner. If plowing or
trenching is not possible due to terrain, location, or buried utilities, the tree inspector may require
chemical root graft disruption. These barriers will be placed in accordance with current technology and
plans as may be designated by the Minnesota Commissioner of Agriculture.
Hopkins City Code (Rev. 1989), 935.08
935.08. Procedure for Abatement of Nuisances. Subdivision 1. On Private Property. Whenever the Tree
Inspector finds with reasonable certainty that a public nuisance defined in 935.04 exists in any tree or
wood located on private property in the City, he shall notify the owner of such property by certified mail
of the infestation, and specify therein a time (in any event not less than 5 or more than 20 days from the
date of mailing of such notice) in which the infected tree or part thereof shall be removed or otherwise
treated by such owner in the manner specified in the notice and to the satisfaction of the Tree Inspector.
The notice shall also state that if such nuisance shall not have been abated by the owner within the time
provided, it will be immediately abated by the City and the entire cost thereof will be billed to the owner
and if not paid shall be assessed against the property owner under Minnesota Statutes, Section 429.101.
Subd. 2. Assessment of Costs. The Tree Inspector shall keep a record of trees removed
and the cost of abatements done under 935.08 and shall report monthly to the City Clerk all work done for
which assessments are to be made, stating and certifying the description of the land, lots and parcels
involved and the amounts chargeable to each. On or before September 1 of each year, the City Clerk
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 statues for certification to the County Auditor and collection in the following year along with
current taxes.
935.09. City Assistance. The Council may by appropriate resolution provide for subsidies to certain
property owners to assist in the abatement of a public nuisance defined in 935.04 in accordance with the
provisions of Minnesota Statues, Section 18.023, Subd. 4 as amended.
935.10. Transporting Elm Wood and Oak Wood Prohibited. It is unlawful for any person to transport
within the City any bark intact elm wood, ash wood or wood from the red oak group that is determined to
be hazardous, without having obtained a permit from the Tree Inspector. The Tree Inspector shall grant
such permits only in conformity with the State approved removal and wood disposal practices.
935.11. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Tree
Inspector or his agents while they are engaged in the performance of duties imposed by this section.
935.12. Penalty. Any person, firm or corporation who violates 935.10 or 935.11 of this section is guilty a
misdemeanor.
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Kristine Luedke, City Clerk
December 18, 2012
January 8, 2013
January 17, 2013
January 17, 2013
Eugene J. Maxwell, Mayor
CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 2012-1057
AN ORDINANCE AMENDING SECTION 935, SHADE TREE DISEASE
CONTROL OF THE HOPKINS CITY CODE
Summary: The amendment adds emerald ash borer to the list of tree diseases and infestations.
This allows the City to inspect and prescribe abatement measures as recommended by the
Minnesota Commissioner of Agriculture.
Effective Date: This ordinance shall take effect upon publication.
A full copy of the text of this ordinance is available from the City Clerk.
/s/ Eugene Maxwell, Mayor
Attest: /s/ Kristine Luedke, City Clerk
Published in the Sun Sailor: January 17, 2013