Dutch Elm Disease and Oak Wilt and Emerald Ash Borer

Section 1045 - Dutch Elm Disease and Oak Wilt and Emerald Ash Borer

Section 1045:00. Declaration of Policy. The City of St. Cloud has determined that the health of elm and oak trees is threatened by the fatal disease known as Dutch Elm and Oak Wilt Diseases. It also has been determined that the health of Ash trees is threatened by an insect pest known as the Emerald Ash Borer. It has been further determined that the loss of elm, oak and ash trees growing upon 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 City of St. Cloud to control and prevent the spread of these diseases and insect pests; this ordinance is intended for this purpose.

Section 1045:05. Shade Tree Disease Program. It is the intention of the City of St. Cloud to conduct a program of plant pest control pursuant to authority granted by Minnesota Statutes, Section 18G.12. This program is directed specifically at the removal of trees stricken with Dutch Elm, Oak Wilt Disease or Emerald Ash Borer, and is undertaken at the recommendation of the Commissioner of Agriculture and Minnesota State Statutes. The City Forester will act as coordinator for the Commissioner of Agriculture, the City of St. Cloud, and the Department of Parks and Recreation of the City of St. Cloud in the conduct of the program.

Section 1045:10. Nuisance Declared. The following items are a public nuisance wherever they are found within the City of St. Cloud:

(a) Any living or standing elm tree infected to any degree with Dutch elm disease fungus, ceratocystis ulmi (Buisman) Mureau, or which harbors any elm bark beetles, Scolytus multistrialus (Eich.) or Hylnrgopinus rufipes (March).

(b) Any living or standing oak tree infected to any degree with Oak Wilt fungus, Ceratocystis fagacearum.

(d) Any dead elm, ash or oak tree, including logs, branches, stumps, firewood or other material.

Section 1045:11. Exemption. Those portions of the City that are zoned Rural Residential or Agricultural by the St. Cloud Zoning Ordinance are exempt from the application of this Section 1045 of the Code.

Section 1045:15. Abatement. It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned by him. Such nuisance will be abated in the manner prescribed by this ordinance.

Section 1045:20. Inspection and Investigation.

Subd. 1. The Parks Director, his agent or employees assigned to him, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned in this section.

Subd. 2. The Parks Director will inspect all premises and places within the City of St. Cloud as often as practicable to determine whether a nuisance exists.

Subd. 3. No action to remove infected trees will be taken until positive diagnosis of the disease has been made.

Section 1045:25. Abatement of Dutch Elm, Emerald Ash Borer or Oak Wilt Disease Nuisance on City Property. The Parks Director will cause any nuisance, as defined in Section 1045:10, to be removed from property of the City, including streets, boulevards and alley right-of-ways (from property line to property line) and cause same to be sanitized or otherwise effectively treated so as to destroy and prevent, as fully as possible, the spread of Emerald Ash Borer, Dutch elm or Oak Wilt disease fungus. The abatement procedures will be carried out in accordance with such technical and expert methods and plans as may be designed by the City of St. Cloud and consistent with the regulations and requirements of the Commissioner of Agriculture of the State of Minnesota. The Park Director will establish procedures for tree removal and disposal methods consistent therewith.

Section 1045:30. Abatement of Dutch Elm, Emerald Ash Borer or Oak Wilt Disease Nuisance on Private Property. Whenever the Parks Director finds with reasonable certainty that a nuisance as defined in Section 1045:10 exists on private property, including property controlled by other entities of government and outside any public way or property of the City, within the City of St. Cloud, the City Forester or his authorized representative will notify the owner by mail of the existence of the nuisances and direct that the nuisance be removed and burned or otherwise effectively treated in the approved manner within 15 calendar days after mailing of such notice. The notice will also state that if the nuisance is not abated by the owner within the time provided, that the City of St. Cloud will abate the nuisance and assess the costs against the property. In the event the owner of any private or public premises upon which such a nuisance is situated fails to comply with the notice, the Park Director, his agents or employees assigned to him, will proceed to abate the nuisance in the manner prescribed for abatement of such nuisances on City property. Any expenses incurred by the City of St. Cloud or by approved contractors in so doing will be a charge and a lien upon said property and will be collected as a special assessment in the same manner as other special or as stated in Minnesota Statutes Chapter 18G.12.

Section 1045:35. Collection of Assessments. The cost of abatement of any nuisance incurred by the City of St. Cloud and not reimbursed by the owner on or before November 1st of each year will be reported by the Parks Director to the City Council, through the Mayor's Office. The Council will assess the levy and cause to be collected the amount of such costs as a special assessment upon and against the premises and property upon which said nuisance existed in like manner as other special assessments, payable in one sum or as stated in Minnesota Statutes, Chapter 18G.12.

Section 1045:36. Transporting Elm, Ash and Oak Wood Prohibited. It is unlawful for any person to transport within the City of St. Cloud any bark bearing elm or oak wood without having obtained a permit from the Park Director. Transporting of ash wood is strictly prohibited.

Section 1045:40. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Parks Director his agents, employees or contractors, while they are engaged in the performance of duties imposed by this ordinance.

Section 1045:45. Position of City Forester. The Parks Director is responsible for the enforcement of this ordinance and to coordinate the abatement program within the rules, regulations and policies set forth by the Commissioner of Agriculture, the Mayor, and the City Council.

History: Ord. 2436 7-27-09.