HomeMy WebLinkAbout20100315 - VIII-C-4City of Hastings Parks & Recreation
920 W 10th St, Hastings MN 55033
Ph: {651) 480-6175
Fax: {651} 437-5396
Web: www.ci.hastin~s.mn.us
"Creating Community Through People, Parks, and Programs"
Date: 3/8/10
To: Honorable Mayor and City Council
From: Barry Bernstein, Farks and Recreation Director
Subject: Emerald Ash Borer Management Plan
As part of the introduced Emerald Ash Borer {EAB} Management Plan, in section three, methods to delay the
spread of EAB, indicates the need to update the City tree ordinance to address the EAB infestation within our
City. Currently, the City ordinance indicates two specific diseases such as Oak Wilt and Dutch Elm. The new
proposed language in the Tree Ordinance section 95.04 indicates more general language that includes EAB as
well as any other insect or microorganism that is harmful to trees. The language is intentionally broad to avoid
having to modify the Tree Ordinance if and when future harmful insects or microorganisms are discovered.
The proposed language modification is highlighted for your review.
I welcome any questions.
Thank youf
Civic Arena Aquatic Center Youth First
2$01 Red Wing Blvd. 901 Maple Street 920 W 10'E' Street
Ph: {651) 480-6195 Ph: {651) 480-2392 Ph: (651) 480-6182
Fax: (651) 437-4940 Fax: (651} 437-5396 ~ Fa~c: (651) 437-5396
' 95.44 TREE DISEASES AND TREE THREATENING_PESTS,
(A) Trees constituting nuisance declared. The following are public nuisances
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 Ceratocystis Ulmi (Buisman} Moreau or which harbors
any of the elm bark beetles Scolytus Mulfistriatus (Eichh.} or 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 Enelud
Emerald Ash Borer ~~Agrilus _PlanlperfraEx) or othe nsect, or mECroorganism th_afi_is
harmful to trees; and _ _ ~+
{6) All woad from shade trees with an~epidemic pest, such as Eniera[d Ash
Borer, ::shall„ Ije shored andlor moved_,only Vin'- accordance ~ to° state `end' federal
gu~d.elnes~ _ _ ~ ~. ~ ~.., . . _ __ _ _
(B) A6atemenf of nuisance. It is unlawful for any person to permit any public
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) Record of costs. The City Clerk shall keep a record of the costs of abatement
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} Unpaid charges. 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 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 far certification to the County Auditor and collection
the following year along with the current taxes.
Penalty, see ' ~ 0.99
' 9.04 TREE DISEASES.
{A} Trees constifuting nuisance declared. The following are public nuisances 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 Ceratocystis Uimi {Buisman) Moreau or which harbors any of the elm bark beetles
Scolyfus Multistriafus {Eichh.) or 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
Ceratocysfis 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; and
{5} Any other shade tree with an epidemic disease.
{B) Abatement of nuisance. It is unlawful for any person to permit any public nuisance as defined in
division {A) of this section to remain on any premises the person awns or controls within the city. The
nuisance may be abated as provided in ' 95.24.
{C) Record of costs. The City Clerk shall keep a record of the costs of abatement 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) Unpaid charges. On or before September 1 of each year, the City Clerk shall list the total unpaid
charges fior 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