§ 53.06. TREE DISEASE AND TREES CONSTITUTING NUISANCE.

(A) Policy and purpose. The city has determined that the health of oak and elm trees is threatened by fatal diseases known as oak wilt and Dutch elm disease. It has further determined that the loss of oak and elm trees located on public and private property would substantially depreciate the value of property and impair the safety, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of these diseases, and provide for the removal of dead or diseased trees as nuisances as permitted by M.S. § 18G.13, as it may be amended from time to time.

(B) Scope and adoption by reference. M.S. Ch. 18G, as it may be amended from time to time, is hereby adopted by reference, together with the Rules and Regulations of the Minnesota Commissioner of Agriculture relating to shade tree diseases; provided, that this code shall govern where this code is more restrictive.

(C) Trees constituting nuisance. The following constitute a public nuisance wherever they may be found in 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 one or more of the elm bark beetle Scolytus Multistriatus (EICH) or Hylungopinus Rufides (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 city officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which remains unstripped of its bark and burned or sprayed with an effective fungicide;

(5) Any other tree with an epidemic disease;

(6) Any tree which, because of its height, breadth or location interferes with pedestrian use of sidewalks, or otherwise obstructs or interferes with the safe operation of vehicular traffic on public roadways; and/or

(7) Any tree that because of damage by wind, lightning strike, disease or other source, or that because of weakened root structure or rot poses a hazard to safety or property shall be a public nuisance under this section.

(Ord. 2009-230, passed 7-30-2009)

Cross-reference:

Nuisances, administration, see § 91.02

Trees constituting nuisance, see § 91.06(F)