Mound City Code 1010.00
Section 1010 – SHADE TREE DISEASE CONTROL
1010.01 Declaration of Policy. It is the purpose of this Section to carry out Minnesota Statutes Section 18.022 and 18.023 and Regulation Chapter 4, AGR 101-210 of the Minnesota Department of Agriculture, adopted pursuant thereto, in order to control diseases which threaten trees that contribute to the health and welfare of the community.
1010.05 Definitions. As used herein, the following terms shall have the meaning ascribed to them by this Section.
Subd. 1. "Tree disease" shall mean Dutch Elm Disease caused by Ceratocystis Ulmi and oak wilt disease caused by Ceratocystis Fagacearum, and any other epidemic disease of shade trees.
Subd. 2. "Disease control area" shall mean an area designated by resolution of the City Council and approved by the Minnesota Department of Agriculture for intensive surveillance of the tree disease.
Subd. 3. "Tree inspector" shall mean a person appointed annually by the City Manager and approved by the Minnesota Department of Agriculture to be the primary enforcement agent of this Section.
1010.10 Nuisances Declared.
Subd. 1. Trees Constituting Nuisances. The following are public nuisances whenever they may be found within the City of Mound:
(a) Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis Ulmi (Buisman, Moreau) or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh).
(b) Any dead elm tree or part thereof, including legs, branches, stumps, firewood, or other elm material from which the bark has not been removed or burned or sprayed with an effective elm bark beetle insecticide.
(c) Any living or standing oak tree or part thereof infected to any degree with the oak wilt fungus Ceratocystis fagacearum.
(d) Any dead oak tree or part thereof which in the opinion of the Tree Inspector 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.
(e) Any other shade trees with an epidemic disease.
1010.15 Nuisance Prohibited. It shall be unlawful for any owner of any lot or parcel of land in the City of Mound, Hennepin County, Minnesota, to permit or maintain on any such lot or parcel of land any public nuisance as defined in Subsection 1010.10 of this Code, and it shall be the duty of any such owner promptly to abate such nuisance and to remove or burn any such elm tree, dead elm wood or oak tree under the supervision and direction of the Manager of the City or his or her duly authorized representative.
1010.20 Tree Disease Program. It is the intention of the Council of the City of Mound to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes, Section 18.023, as amended. This program is directed specifically at the control and elimination of tree disease and is undertaken at the recommendation of the Commissioner of Agriculture. The City Tree Inspector shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program.
1010.25 Inspection and Analysis. In order to carry out the purposes of this Section and to implement the enforcement thereof, the Manager shall appoint a Tree Inspector, who shall be certified as qualified by the Commissioner of Agriculture, and the Manager or the Tree Inspector, or their duly authorized representative, is hereby authorized and empowered to enter upon any lot or parcel of land in the City of Mound at all reasonable hours for the purpose of inspecting any elm trees, oak trees, or other diseased shade trees situated thereon and the Manager, or his duly authorized representative, may remove such specimens from any such tree as are required for the purposes of the laboratory analysis referred to in this Section or in Minnesota Statutes, Section 18.023, or rules and regulations as promulgated by the Commissioner of Agriculture, or to determine whether such tree because it is dead, or substantially dead, may serve as a breeding place for the European Bark Beetle, for oak wilt disease, or other tree disease.
1010.30 Notice to Comply. If on laboratory analysis or specimens removed from any tree by the Manager, or his/her duly authorized representative, it is determined that such tree is a public nuisance, as provided in this Section or by state statute, or if the Manager determines that any dead or substantially dead elm trees, dead elmwood or oak tree, is a public nuisance as provided by this Section, the Manager shall serve or cause to be served upon the person that is owner of the lot or parcel of land on which such tree is located, a written notice requiring such owner to comply with the provisions of this Section. If the person upon whom such notice is served fails, neglects, or refuses to remove and destroy such elm tree or oak tree within 10 days after service of such notice, the Manager, the Tree Inspector, or their duly authorized representatives, may proceed to remove such tree or trees and assess the total cost thereof against the owner of such lot or parcel of land, and the amount of such cost shall be paid by such owner of such lot or parcel of land, and the amount of such cost shall be paid by such owner to the City of Mound, or shall become a lien on the property.
1010.35 Abatement of Shade Tree Disease Nuisances. In abating the nuisances defined in Section 1010, the Tree Inspector shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of tree disease. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture.
1010.40 Service of Notice. Service of notice provided for in Subsection 1010.30 of this Section shall be by personal service, if the owner of the lot or parcel of land on which a diseased tree is located is a resident of the City. If such owner cannot be found in the City of Mound, or is a non-resident of said City, written notice shall be served by certified mail, addressed to said owner at his or her last known address. If the owner cannot be found, a copy of said notice shall be posted upon said infected tree. If the infected tree is not removed or treated within 10 days from the date of service or from the date of mailing notice by certified mail or after posting as required by the notice, the Manager or the Tree Inspector or their representatives shall remove or treat the tree.
1010.45 Cost Assessed. If the City treats or removes from any lot or parcel of land in the City, pursuant to Section 1010, any diseased tree which is a public nuisance as provided by this Section, or any dead or substantially dead tree which is a public nuisance as defined in Subsection 1010.10 of this Section, the assessment of the cost of the work done by the City against the owner of the lot or parcel of land involved shall be in addition to the penalties imposed therein for any violation or non-compliance with any provision of this Section. The Tree Inspector shall keep a record of the costs of abatements ordered under this Section 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, parcels involved, and the amount of chargeable to each.
On or before September 1 of each year, the 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 statutes for certification to the County Auditor and collection the following year along with current taxes.
1010.50 Public Property. Any diseased tree or wood of a diseased tree on property owned by the City that is a public nuisance as provided by Subsection 1010.10 of this Section shall promptly be removed under the supervision of the Tree Inspector or his or her duly authorized representative at the expense of the City.
1010.55 Spraying Elm Trees.
Subd. 1. When to Spray. Whenever the Tree Inspector determines that any elm tree or elm wood within the City is infected with Dutch elm fungus, he or she may spray or treat all nearby high value elm trees with an effective elm bark beetle destroying concentrate or fungicide or both. Activities authorized by this Subsection 1010.55 shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his or her agents whenever possible.
Subd. 2. Notice. The notice provisions of Subsection 1010.40 apply to spraying and treatment operations conducted under this Section.
1010.60 Transporting Elm and Oak Wood Prohibited. It is unlawful for any person to transport within the City any bark-bearing elm or oak wood without having obtained a permit from the Tree Inspector. The Tree Inspector shall grant such permits only when the purpose of this Section will be served thereby.
1010.65 Interference Prohibited. It is unlawful for any person to prevent, delay, or interfere with the Tree Inspector or his or her agents while they are engaged in the performance of duties imposed by this Section 1010.