Public Works Department - Ordinance #419

Amendment to The Code of the City of Le Sueur

BEING AN ORDINANCE AMENDING CHAPTER 25, ARTICLE I AND II, SECTION 25-1 THRU SECTION 25-21 OF THE CODE OF THE CITY OF LE SUEUR RELATING TO TREES AND PLANTS.

THE CITY OF LE SUEUR DOES ORDAIN:

SECTION I. Chapter 25 of the City Code is amended to read:

ARTICLE I

Section 25-1. - Definitions

Street Trees - "Street Trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation on land within limits of a City street right-of-way.

Park Trees - "Park Trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation in named public parks, and all areas owned by the City other than street right-of-ways or to which the public has free access as a park.

Tree Sizes - a "small tree" shall be defined as any plant that will grow to a height of 25 feet or less; a "medium tree" shall be defined as any plant that will grow to a height of between 25 and 50 feet; a "large tree" shall be defined as any plant that will grow to a height of over 50 feet.

Section 25-2. - Creation of Forestry Department and Designation of Municipal Tree Body

1. Members - The persons that make up the City Forestry Department shall include the Street and Park Superintendent, the Parks Foreman, the City Forester, and the Council's Public Works Committee. The City Council may also designate additional members from time to time.
2. Municipal Tree Body - The City of Le Sueur City Council hereby designates the Le Sueur Forestry Department as the Municipal Tree Body.
3. Duties and Responsibilities - It shall be the responsibility of the City Forestry Department to study, develop, investigate, counsel, and administer a written plan for the care, preservation, pruning, planting, replanting, removal, or disposition of trees and shrubs in parks, along streets, and in other public areas. The plan shall be presented to the Council, and following the review and approval by the Council shall constitute the official comprehensive City Tree Plan for the City of Le Sueur. The City Forestry Department when requested by the Council shall consider, investigate, make reports, and recommend upon any special matter of question coming within the scope of its work.

Section 25-3. - Street Tree Species to be Planted

No tree species may be planted on public property within the City of Le Sueur without the prior permission of the Forestry Department. Prior to the Forestry Department taking action, it shall review all requests for planting to assure that the species are appropriate.

Section 25-4. - List of Trees Approved for Planting

The Forestry Department may determine and prepare a listing, from time to time, of various species of trees, which in the judgement of the department, are suitable as street trees; and such listings hereforeto prepared are hereby approved.

Section 25-5. - Spacing and Location of Street Trees

1. Spacing - The spacing of street trees shall be in accordance with tree species size classes provided in this chapter, and no trees may be planted closer together than as follows: small trees, 25 feet; medium trees, 35 feet, and large trees, 50 feet; except in special plantings designed or approved by the Forestry Department.
2. Location - The distance trees may be planted from curbs or curblines and sidewalks shall be in accordance with the tree species size classes listed in Section 1 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following; small trees, 2 feet, medium trees, 3 feet; and large trees, 4 feet.
3. Corners, fireplugs, and driveways - No street tree shall be planted closer than 35 feet from any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 15 feet from any fireplug, nor 10 feet from any driveway.
4. Utilities - No street trees other than those defined as "small trees" in Section 25-1 of this chapter, may be planted under or within 10 lateral feet from any overhead utility wire or underground water line, sewer line, transmission line, or other utility.

Section 25-6. - Public Tree Care

1. Care of Street Trees - The City of Le Sueur shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the right of ways of all streets, alleys, avenues, lanes, and public grounds as may be necessary to insure the public safety or to preserve or enhance the symmetry and beauty of such public grounds. No other planting may be done without consent of the Forestry Department.
2. Removal of Trees Endangering Utilities or Other Public Improvements - The City Forestry Department may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. Every tree overhanging any street or right-of-way within the City shall be pruned so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of at least 8 feet above the street or sidewalk. Dead, diseased, or dangerous trees, or broken or decayed limbs which endanger the safety of the public shall be removed.
3. Protection of trees against piling up of building and other materials. No building material or any other material of any description shall be piled against any street or park tree unless such tree is first sufficiently protected by a proper guard to prevent possible injury, and all instructions issued for that purpose by authority of the Forestry Department shall be promptly complied with by the persons to whom the instructions are applicable.
4. Trees on Private Property - The City Forestry Department shall have the authority to order the trimming, treatment, and removal of trees, shrubs or plants upon private property when such action is necessary to protect the public or to prevent the spread of disease or insects to trees, shrubs, or plants located on public property. Any tree or shrub situated upon private property, but so situated as to extend its branches over the improved portion of a public street or highway easement, shall be so trimmed by the owner of the real property upon which the same is located, so that there is a clear height of at least 8 feet over that portion of such easement that is used for vehicular traffic and over that portion of such easement used for pedestrian travel; and such persons shall remove the dead or diseased branches or stubs of trees which are or may become hazardous to the public use of such easement. Any trees obstructing traffic control signs or devices from the view of the pedestrian or motorist shall be pruned to a height established by the City Forestry Department to insure proper safety for motorists or pedestrians. All orders to trim, remove, or treat trees, shrubs, or plants given pursuant to this section, shall be in writing and shall be served personally in the same manner as a summons in civil proceedings or by certified mail return receipt requested upon the owner of the property. Such notice shall give the owner of the property a period of at least 14 days after the mailing or service of such notice to comply with the order. It shall be unlawful for any owner of property receiving such an order to fail to comply with the order in the time specified.

If the required action is not taken by the property owner within the specified time, the City Forestry Department may cause the trees, shrubs, or plants concerned to be trimmed, removed, or treated, with the costs being borne by the property owner. If not voluntarily paid to the City by such owner, the costs of such trimming, removal, or treatment may be recovered by the City by special assessment levied upon the property owner under M.S.A. 429.011 et. seq.

Section 25-7. - Tree Topping

It shall be an unlawful practice for any person, firm or City Department to top any street tree, park tree, or other tree on public property without authorization from the Forestry Department. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Forestry Department.

Section 25-8. - Nuisances Declared and Abatement Thereof

1. The following things are hereby declared to be public nuisances whenever they may be found within the City.
   1. Any standing or living 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 multistriatur (Eichh) or Hyplurgopinus rufipes (Marsh).
   2. Any living or standing tree or part thereof in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus, Ceratocystis fagacerum (Bretz) Hunt.
   3. Also, any living or standing tree in the white oak group (white oak, bur oak, bicolor oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems.
2. It shall be unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned or controlled by him within the City. Such nuisance may be abated in the manner prescribed by this chapter.

Section 25-9. - Interference with City Forestry Department

It shall be unlawful for any person to prevent, delay, or interfere with the City Forestry Department, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter.

Section 25-10. - Destruction of Trees on Public Property

It shall be unlawful for any person to remove, alter, or destroy any street tree or park tree without the prior authorization of the City of Le Sueur.

Section 25-11. - Right of Review by City Council

Any person aggrieved by any ruling or order of the City Forestry Department acting as municipal tree body may appeal to the City Council, which shall hear the matter and make a final decision. The City Council shall have the right to review the conduct and decisions of the City Forestry Department. The City Council may modify, affirm, or reverse any determination of the City Forestry Department.

Section 25-12. - Penalty

Any person, firm, or corporation who violates any provision of this chapter shall be guilty of a misdemeanor and may be sentenced accordingly. In addition thereto, the costs of prosecution may be imposed upon the defendant, and the Court shall order restitution to the City for damage to the tree or public property.

ARTICLE II

Section 25-13. - Declaration of Policy

The City Council has determined that the health of the elm and oak trees within the municipal limits of the City of Le Sueur are threatened by fatal diseases known as Dutch elm disease and oak wilt, respectively. It has further been determined that the loss of elm and oak trees growing upon private and public property 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 City Council to control and prevent the spread of these diseases and this article is enacted for that purpose.

Section 25-14. - Designation of a Tree Disease Control Area

The City Council shall designate a Dutch elm disease and/or an oak wilt control area within the City in which this article and established control procedures shall be enforced.

Section 25-15. - Appointment of a Tree Inspector

The City Council shall designate a tree inspector or tree inspectors, certified by the Minnesota Commissioner of Agriculture, who shall administer the Dutch elm disease and/or oak wilt control programs for the City in accordance with this chapter and within the designated Dutch elm disease and/or oak wilt control areas of the City.

Section 25-16. - Abatement

It is unlawful for any person to permit a public nuisance as defined in Section 25-8 to remain on any premises owned or controlled by that person within the designated control areas of the City. Such nuisances may be abated in the manner prescribed by this chapter.

Section 25-17. - Inspection and Investigation

1. Annual Inspection
   1. Dutch elm disease - The tree inspector shall inspect all premises and places within the City at least three times during the growing season, by June 15, July 15, and August 15 to determine whether any condition described in Sec. 25-8.1 exists.
   2. Elm wood - The tree inspector shall inspect all premises and places within the City by April 1 of each year for elm wood or logs/stumps that meet any of the conditions described in Sec. 25-8.1 and require by April 1, removal or debarking of all wood, logs, and stumps to be retained.
   3. Oak Wilt - The tree inspector shall inspect all premises and places within the City as many times as practical or necessary to determine whether any conditions described in Sec. 25-8.2 and Sec. 25-8.3 exists.
2. Entry upon Private Premises - The tree inspector so designated by the City Council may enter upon private premises 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 said inspection to all affected residents and property owners either through an oral or written notice, or by publishing said notice in a local newspaper.
3. Diagnosis - The tree inspector shall, upon finding indications of Dutch elm disease or oak wilt, take such steps for diagnosis as may be appropriate, including analysis of twig samples from actively wilting branches by the Minnesota Department of Agriculture shade tree disease laboratory, or other laboratories capable of performing such services approved by the Minnesota Commissioner of Agriculture. Whenever possible, diagnosis shall be based upon accepted field symptoms.

Section 25-18. - Interference Prohibited

It is unlawful for any person to prevent, delay or interfere with the City tree inspector or his/her agents while they are engaged in the performance of duties imposed by this chapter.

Section 25-19. - Procedure for Abatement and Removal

1. Whenever it is found with reasonable certainty that a tree has Dutch elm disease or oak wilt, the tree inspector shall proceed as follows: If the tree inspector finds that there is potential for infection of other oak or elm trees, he/she shall notify the owner of the property on which the nuisance is found. The tree inspector will specify a reasonable date before which the nuisance must be abated. The tree inspector shall immediately report said action to the Street and Park Superintendent and, after the expiration of the time limit set forth by the notice, the tree inspector may proceed to abate the nuisance. The cost of such abatement, plus a $50 administrative fee, shall be assessed against the owner of the property involved, or against the property itself in the same manner as a special assessment in accordance with M.S.A. 429.011 et seq.
2. High Risk Elm Trees: High risk elm trees shall be those trees that are dead, barren, or have extensive wilt (30 percent or more of the tree is wilted). Such trees shall be identified and marked prior to June 25. These high risk trees shall be removed within 20 days of notification of the property owner.
3. Low Risk Elm Trees: Low risk elm trees shall be those trees that show early stages of infection in June or subsequently during the growing season with those symptoms not progressing beyond the 30 percent wilting point. Every reasonable effort shall be made to have low risk trees removed within 20 days of notification of the property owner, but in no case shall it be later than April 1 of the year following the appearance of symptoms.
4. Oak Trees: All oak trees within the City diagnosed as having oak wilt shall be isolated from neighboring healthy oak trees of the same species by chemical or mechanical disruption of common root systems to prevent root graft transmission of the oak wilt fungus.

   To control overland spread of oak wilt, the pruning of oaks shall be avoided during the most susceptible period of infection, from April 15 until July 1. If wounding is unavoidable during this period, as in the aftermath of a storm or when the tree interferes with utility lines, a tree wound dressing shall be applied immediately.

   1. To prevent the oak wilt fungus from producing spores and to prevent overland spread of this fungus, any diseased material of the red oak group wilting in July and August of one year shall be declared hazardous the following spring, from April 15 until July l.

      Any hazardous oak wood to be used as fuel wood or to be salvaged for other purposes must be debarked or else completely covered by heavy plastic (4 mil or greater) from April 15 until July 1 of the year following the appearance of symptoms. After this time there is no danger of spore production, and the wood does not need to be covered.

      Any branch greater than 2" in diameter of the red oak group determined to be hazardous and not salvaged shall be disposed of by burning, chipping, or removal to an authorized dump site prior to April 15 of the year following the appearance of symptoms. Dead standing red oaks that have advanced beyond the potential for spore production need not be removed except where they constitute a hazard to life and/or property. The City tree inspector will advise accordingly.

      Stumps of trees of the red oak group removed due to oak wilt shall be completely covered, removed, or debarked to the ground line to eliminate all possibilities of spore formation and overland disease spread.

   2. White Oaks - Trees of the white oak group (i.e. white oak, bur oak, bicolor oak) diagnosed as having oak wilt shall be isolated by root graft disruption as previously stated. Diseased material originating from such trees will rarely ever support spore formation, and salvaged material therefore will not require special treatment to prevent overland spread. Standing trees of this group showing early symptoms of oak wilt may be saved by removing affected branches. The City tree inspector will advise accordingly.

Section 25-20. - Root Graft Disruption (barriers at Property Boundaries)

Because oak wilt is a community problem and because oak wilt control may benefit an entire neighborhood, the tree inspector shall recommend and encourage neighborhood participation and cooperation, including cost sharing, in root graft disruption and other control efforts, especially where oak wilt is in danger of spreading across property boundaries.

Section 25-21. - Penalty

Any person, firm or corporation who violates the conditions of this chapter is guilty of a misdemeanor and may be sentenced accordingly.

SECTION II. - Sections 25-1 to 25-21 of the City Code and originally enacted is repealed by this ordinance and replaced by the provisions hereof.

SECTION III. - Effective Date. This Ordinance becomes effective seven (7) days after its passage and publication.

This Ordinance was passed by the Common Council this __________day of __________, 1992.

   John K. King, Mayor

ATTEST:

Kathleen M. Johannsen, City Clerk

Published in the Le Sueur News Herald on the __________ day of __________, 1992.