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Home My WebLink About2010-04-21 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 04/21/2010 G. Public Works Les Burshten ORIGINATING DEPARTMENT STAFF AUTHOR * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNCIL ACTION REQUEST Consider passing the Ordinance amending Title 4, Chapter 4 of the City Code, and (2) Adopt a Resolution authorizing the publication of the Ordinance Amendment by Summary. STAFF RECOMMENDATION Pass Ordinance amending Title 4, Chapter 4 of the City Code, and (2) Adopt a Resolution authorizing the publication of the Ordinance Amendment by Summary. SUPPORTING DOCUMENTS ® MEMO /LETTER: Brian Voelker, April 14, 2010. ® RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS 4 C L ityAdmi W nis L trator Date ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COUNCIL ACTION TAKEN: ❑APPROVED ❑ DENIED ❑ OTHER 0J V P i z 1 C CITY OF MINNESOTA COTTAGE GROVE To: Les Burshten. Public Works Director From: Brian A. Voelker, Public Works Management Analyst Date: Wednesday, April 14, 2010 Subject: Disease Tree Ordinance Background The Cottage Grove City Code for Diseased Trees does not address Emerald Ash Borer. With the anticipated arrival and treatment of Emerald Ash Borer, the City needs to update the current city code to include EAB. Discussion Staff has drafted an ordinance amending Title 4, Chapter 4 incorporating updated Minnesota statutes, nuisance conditions, City Forester duties, and injecting. Some of the major elements include the following: 1. Update references to the new State Statutes while repealing the Shade Tree section because the rules cited no longer exist. 2. Allowing the stockpiling and storage of elm wood and wood infected with EAB from October 15 through April 15. 3. Update the nuisance conditions to include any dead or diseased ash trees from which the bark has not been removed, chipped or burned. 4. Gives the Public Works Director authority to declare a nuisance of any tree or part of a tree on private property that may endanger the life, health, safety or property of the public. 5. Gives the City the authority to abate if the owner of the property does not correct or remove the nuisance tree within fifteen (15) working days after receipt of written notice. 6. Allows the City Forester or such designated person(s) to enter private property at any reasonable time for the purpose of carrying out his /her duties. Recommendation It is recommended that the City Council (1) pass the Ordinance amending Title 4, Chapter 4 of the City Code, and (2) Adopt a Resolution authorizing the publication of the Ordinance Amendment by Summary. RESOLUTION NO. 2010- RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. XX BY TITLE AND SUMMARY WHEREAS, the City of Cottage Grove has adopted Ordinance No. XX amending Title 4, Chapter 4 of the Cottage Grove City Code relating to Diseased Trees; and WHEREAS, Minnesota Statutes, Section 412.191, Subdivision 4 allows publication of the title and summary in the case of lengthy ordinances; and WHEREAS, the following summary would clearly inform the public of the intent of the ordinance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has passed Ordinance No. XX, amending Title 4, Chapter 4 of the Cottage Grove City Code relating to Diseased Trees. This ordinance adds requirements and standards for controlling diseased trees in the City of Cottage Grove. The full text of the Ordinance No. XX is available for inspection at the Cottage Grove City Hall during normal business hours. Passed this 21 st day of April, 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk 61 � -- AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING TITLE 4 -4 OF THE COTTAGE GROVE CITY CODE RELATING TO DISEASED TREES The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT Title 4, Chapter 4 shall be amended in its entirety to read as follows: 4 -4 -1: PURPOSE: It is the purpose of this Chapter to carry out and enforce the provisions of Minnesota Statutes Section 18.023, as amended, as the same relates to the control of Dutch elm, oak wilt and emerald ash borer disease. (1971 Code § 25 -10) It is the purpose of this Chapter to carry out and enforce the provisions of Minnesota Statutes section 1 8.02-3 18G.13, as amended, as the same relates to the control of Dutch elm disease, oak wilt, and emerald ash borer disease (1971 Code § 25 -10) WE OL -� l - - 111111- ..- - a 4 -4 -2 3: CONFLICTING PROVISIONS: Where the provisions of this Chapter conflict or are inconsistent with any other ordinances of the City, the provisions of this Chapter shall supersede, except in instances where one regulation is more restrictive than another, in which case the more restrictive section shall apply and control. (1971 Code § 25 -13) 4 -4 -4: DEFINITION: For the purposes of this Chapter, "control area" shall be defined as any portions of the City served by City sewer and water. (1971 Code § 25 -13) ORDINANCE NO. XXX Page 12 4 -4 -5: STOCKPILING BARK - BEARING ELM WOOD: The stockpiling of bark - bearing elm wood and wood infected with emerald ash borer within the control limits of the City shall be permitted during the period from Se otember October 15 through April 15 of any given year. Any such wood not utilized by April 15 of any year must then be removed and disposed of as provided by this Chapter and regulations incorporated hereby. (1971 Code § 25 -12) 4 -4 -6: NUISANCE CONDITIONS': A. Nuisances Enumerated: The following things are public nuisances whenever they may be found within the City: Any living or standing tree or part thereof infected to any degree with a shade tree disease plant pest as defined by this Chapter Minnesota Statutes 18G.02. 2. Any dead or diseased tree or part thereof, including logs, branches, stumps, firewood or other elm material, from which the bark has not been removed, chipped apd or burned. 3. Any dead or diseased ash tree or part thereof, including logs branches, stumps, firewood, or other material found to harbor the emerald ash borer, from which the bark has not been removed, chipped or burned. B. Nuisances Prohibited: No person shall permit any public nuisance as defined in this Section to remain on any premises owned or controlled by him /her within the City, except through October 15 to April 15. , C. Nuisance Declared. Any tree, or any part Works Director endangers the life health, safety or property of the public shall be declared a nuisance. D . Abatement by City: Costs: if the owner of such property does not correct or remove such nuisance within fifteen (15) working days after receive of written notice thereof, the Public Works Director shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner. Si nh n , may be abated in any manner prescribed by law. (1971 Code § 25 -16; amd. 2000 Code) 4 -4 -7: INTERFERENCE WITH FORESTER PROHIBITED: No person shall prevent the City Forester or such designated person(s) from performing his /her duties or delay or interfere with him /her while he /she is engaged in the performance of duties imposed by this Chapter. The City Forester or such designated person(s) may enter upon private property at any reasonable time for the purpose of ORDINANCE NO. XXX Page 13 carrying out any of the duties assigned to him /her under this chapter. (1971 Code § 25- 17; amd. 2000 Code) Any person who shall violate any provisions of this Chapter shall, upon conviction thereof, be deemed guilty of a petty misdemeanor and shall be subject to the penalty provided in Section 1 -4 -1 of this Chapter. (1971 Code § 25 -14; amd. 2000 Code) SECTION 2. AMENDMENT Title 7, Chapter 4, Section 6.C, shall be amended to read as follows C. Abatement by City; Costs: If the owner of such property does not correct or remove such nuisance within ten (10) fifteen (15) working days after receipt of written notice thereof, the Public Works Director shall cause the nuisance to be corrected or removed, and the cost shall be assessed to such owner. SECTION 3. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of 2010. Myron Bailey, Mayor Caron M. Stransky, City Clerk