HomeMy WebLinkAboutOrd. 457 - Amendment 4-3-13CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 457
AN ORDINANCE AMENDING CITY CODE TITLE 4 -3 -13 REQUIREMENTS FOR
DEVELOPERS.
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN
AS FOLLOWS:
City code 4 -3 -13 Requirements for Developers is hereby amended as follows:
CHAPTER 3
NUISANCE TREES AND ABATEMENT
SECTION:
4 -3 -1:
Declaration Of Policy
4 -3 -2:
Natural Resources Technician (NRT)
4 -3 -3:
Tree Commission (Rep. By Ord. 305, 2 -24 -2005)
4 -3 -4:
Tree Contractors
4 -3 -5:
Epidemic Disease Program
4 -3 -6:
Nuisances Declared
4 -3 -7:
Nuisances Prohibited
4 -3 -8:
Inspections And Investigations
4 -3 -9:
Abatement By City Of Epidemic Tree Disease Nuisances
4 -3 -10:
Procedure For Abatement Of Infected Trees And Wood
4 -3 -11:
Spraying Trees
4 -3 -12:
Transporting Epidemic Diseased Wood
4 -3 -13:
Violation; Penalty
4 -3 -1: DECLARATION OF POLICY: The City Council has determined
that the health of elm, pine and oak trees within the city is threatened by fatal
diseases known as Dutch elm disease, oak wilt and pine bark beetle. It has
further determined that the loss of elm, oak and pine trees growing upon public
and private 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 preserve shade
trees as well as to control and prevent the spread of these diseases and other
epidemic diseases of shade trees by enacting this chapter in conjunction with the
Tree Preservation Policy. (Ord. 305, 2 -24 -2005)
4 -3 -2: NATURAL RESOURCES TECHNICIAN (NRT):
A. Positions Created: The position of Natural Resources Technician is
hereby created within the city. The NRT must be a Certified Tree
Inspector (CTI) as determined by the Minnesota Commissioner of
Agriculture.
B. Duties: It is the duty of the NRT to coordinate, under the direction and
control of the Council, all activities of the city relating to the control and
prevention of Dutch elm disease and oak wilt, the spread of the pine bark
beetle, and other epidemic diseases of shade trees. The NRT will be
responsible for establishing and prioritizing control areas, promulgate
rules, regulations, standards and specifications to be approved by the City
Council, and advise the City Council of appropriate actions.
C. Interference Prohibited: It is unlawful for any person to prevent, delay or
interfere with the NRT or their designee while engaged in the
performance of the duties imposed by this chapter. (Ord. 305, 2 -24-
2005)
4 -3 -3: TREE COMMISSION: (Rep. by Ord. 305,2-24-2005)
4 -3 -4: TREE CONTRACTORS:
A. License Required: It shall be unlawful for any individual, partnership or
corporation to conduct, as a business for profit, the cutting, trimming,
pruning, removing, spraying or otherwise treating of trees, shrubs or
vines in the city without first having secured a license from the city to
conduct such business.
B. Application For License: Application for a license under this chapter
shall be made at the office of the City Clerk. The application for a
license shall be made on a form approved by the city which shows,
among other things, the name and address of the applicant, the
number and names of the employees of the applicant, the number of
vehicles of the applicant, together with a description and license
number of each, and the type of equipment proposed to be used.
C. Insurance Requirements: No license or renewal of a license shall be
granted, nor shall the same be effective, until the applicant has filed with
the City Clerk a certificate of insurance evidencing the holding of liability
insurance and the limits required by Minnesota Statutes and proof of
workers' compensation insurance. The city shall be named and the
insurance provided shall include the city as an additional party insured.
Said policy shall provide that it may not be canceled by the insurer except
after ten (10) days' written notice to the city, and if such insurance is so
canceled and licensee shall fail to replace the same with another policy
conforming to the provisions of this chapter, said license shall be
automatically suspended until such insurance shall have been replaced.
D. License Fees: Fees shall be in such amounts as set forth by this code'.
E. Chemical Treatment Requirements: Applicants who propose to use
chemical substances in any activity related to treatment or disease control of
trees, shrubs or vines shall file with the City Clerk proof that the applicant or an
employee of the applicant administering such treatment has been certified by
the Agronomy Division of the Minnesota Department of Agriculture as a
commercial pesticide applicator. Such certification shall include knowledge of
tree disease chemical treatment. (Ord. 305, 2 -24 -2005)
4 -3 -5: EPIDEMIC DISEASE PROGRAM: It is the intention of the Council
to conduct a program of plant pest control pursuant to the authority granted by
Minnesota Statutes Chapter 18G, as amended, directed at the control and
elimination of Dutch elm disease, oak wilt disease, and pine bark beetle, and
elimination of other tree diseases, and is undertaken at the recommendation of
the Minnesota Commissioner of Agriculture. (Ord. 305, 2 -24 -2005)
4 -3 -6: NUISANCES DECLARED: The following are public nuisances:
A. Any elm tree or part thereof infected to any degree with either of two (2)
species of Dutch elm disease fungi, Ophiostoma ulmi and Ophiostoma
novo -ulmi, or which harbors any of the elm bark beetles, Scolytus
multistriatus or Hylurgopinus rufipes.
B. Any dead elm tree or part thereof, including logs, branches, stumps,
firewood or other elm material not properly covered and sealed from
which the bark has not been removed or sprayed with an effective elm
bark beetle insecticide; except, that the stockpiling of uncovered bark
bearing elm wood shall be permitted during the period from September
15 to April 1 of any year.
C. Any northern red oak (Quercus rubra), northern pin oak (Quercus
ellipsoidalis), black oak (Quercus velutina), and scarlet oak (Quercus
coccinea), or part thereof, infected to any degree with the oak wilt
disease, Ceratocystis fagacearum.
D. Any living or standing white oak (Quercus alba), bur oak (Quercus
1 See section 1 -7 -3 of this code.
macrocarpa), and swamp white oak (Quercus bicolor), that poses a threat
of transmission of the oak wilt disease to other trees of the same species
through interconnected root systems.
E. Any diseased material of the red oak group that is potentially spore
producing (PSP).
F. Any standing pine tree infected with the pine bark beetles, Ips
pini, Ips perroti or Ips grandicollis.
G. Any standing dead pine tree that has been dead under one and one -half
(1 1/2) years.
H. Any exposed pine tree slash or logs cut from live trees or from trees
that have been dead under one and one -half (1 1/2) years. (Ord. 305,
2 -24 -2005)
4 -3 -7: NUISANCES PROHIBITED: It is unlawful for any person to permit
the spread of a public nuisance as defined in this chapter across his or her
property lines and in any specified control areas as established by the city. Such
nuisances shall be abated in the manner prescribed in Section 4 -3 -10 of this
chapter. (Ord. 305, 2 -24 -2005)
4 -3 -8: INSPECTIONS AND INVESTIGATIONS:
A. Annual Inspections And Investigations Required:
1. The NRT shall inspect all premises and places within the city as often
as practicable to determine whether any condition described in Section 4-
3-6 of this chapter exists thereon.
2. The NRT shall investigate all reported incidents of infestation of Dutch
elm disease, oak wilt, pine bark beetle, or other diseases of shade trees
as necessary to determine whether any condition described in section 4 -3-
6 of this chapter exists.
B. Entry Powers: The NRT or their designee may enter upon private
premises at any reasonable time for the purpose of carrying out any of
the duties assigned to them under this chapter.
C. Diagnoses:
1. The NRT shall make the initial identification of an infected area
whenever possible.
2. The NRT may send appropriate specimens or samples to the
Minnesota Commissioner of Agriculture, University of Minnesota or any
state certified testing lab for analysis.
3. A property owner or contractor who becomes aware of any condition
described in Section 4 -3 -6 of this chapter shall notify the NRT within seven
(7) days. (Ord. 305, 2 -24 -2005)
4 -3 -9: ABATEMENT BY CITY OF EPIDEMIC TREE DISEASE
NUISANCES:
A. No person shall allow, permit the spread of, or fail to abate a public
nuisance as defined in this chapter. Such nuisances shall be abated in
the manner prescribed in this chapter.
B. The NRT shall enforce the treatment of nuisances by requiring the
performance of one or more of the following tasks in order to destroy and
prevent the spread of epidemic diseases of shade trees, including, but not
limited to, Dutch elm disease, oak wilt disease, or pine bark beetle. Such
abatement procedures shall be carried out in accordance with current
technical and expert opinions and plans as may be designated by the
Minnesota Commissioner of Agriculture or the University of Minnesota.
Abatement procedures are as follows:
1. Root graft barrier installation (vibratory plowing or trenching) at least
forty eight inches (48 ") deep in the soil to isolate the diseased trees;
2. Removal of trees;
3. Stump grinding;
4. Burning, chipping, debarking or properly covering and sealing the
potentially hazardous wood and /or stumps;
5. Fungicide injections into healthy and /or infected oaks or elms with the
appropriate chemical to avoid or minimize the effects of oak wilt or Dutch
elm disease;
6. Spraying the infected trees and /or all nearby high value trees with an
effective disease destroying concentrate.
7. Other treatment methods as approved by the NRT. (Ord. 305, 2 -24-
2005)
4 -3 -10: PROCEDURE FOR ABATEMENT OF INFECTED TREES AND
F, • t t
A. Nuisance Declared; Notice; Appeal: Upon the determination of conditions
constituting a nuisance as described in Section 4 -3 -6 of this chapter
located on property within the City of Andover, excluding city property, the
NRT shall declare the existence of a public nuisance and order abatement
thereof. The NRT shall send written notification to the owner of the
nuisance declaration and the necessary abatement procedures. A
property owner who disagrees with the determination of the NRT may
appeal the determination to the City Council. Such appeal must be filed in
writing with the City Clerk and within ten (10) days of receipt of notice of
the determination by the NRT. The City Council shall consider the appeal
at the next scheduled regular City Council meeting. The City Council shall
affirm, reverse or modify the determination.
B. Failure To Abate; Contract For Abatement; Costs: Should a property
owner fail to abate the nuisance, or be unwilling or unable to abate the
nuisance, as prescribed by the NRT, the NRT or their designee shall then
proceed to contract for the prescribed abatement procedure as soon as
possible and shall report to the City Clerk all charges resulting from the
abatement procedures carried out on such private property. The City Clerk
shall list all such charges along with a city administrative cost against each
separate lot or parcel by September 1 of each year as special
assessments to be collected commencing with the following year's taxes.
Administrative costs as set by City Council ordinance shall be assessed
for each parcel and shall be added to each assessment. All assessments
levied for the repayment of tree disease abatement cost may be repaid
over a five (5) year period. Such assessments shall be levied under
authority granted by Minnesota Statutes Section 429.101.
C. Imminent Danger Of Infestation: If the NRT finds that danger of infestation
of epidemic diseases in shade trees is imminent, the NRT shall notify the
abutting property owners by mail that the nuisance shall be abated within a
specified time. (Ord. 305, 2 -24 -2005)
4 -3 -11: SPRAYING TREES: Whenever the NRT determines that any tree
or wood within the city is infected with disease, the NRT may require spraying of
all nearby high value trees, as determined by the NRT, with an effective disease
destroying concentrate. Spraying activities authorized by this section shall be
conducted in accordance with technical and expert opinions and plans of the
University of Minnesota or the Minnesota Commissioner of Agriculture and under
the supervision of the University of Minnesota or the Minnesota Commissioner of
Agriculture, or agents thereof, whenever possible. (Ord. 305, 2 -24 -2005)
4 -3 -12: TRANSPORTING EPIDEMIC DISEASED WOOD: It is unlawful for
any person to transport within the city any diseased wood that is determined to
be hazardous, as described in, but not limited to, Section 4 -3 -6 of this chapter,
without taking the appropriate precautions. (Ord. 305, 2 -24 -2005)
4 -3 -13: VIOLATION; PENALTY: Any person, firm or corporation who
violates any section of this chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be subject to a misdemeanor penalty as then defined by
Minnesota law. Additionally, the city may exercise any civil remedy available
under Minnesota law for the enforcement of this code including civil action,
mandamus, injunctive relief, declaratory action, or the levying of assessments.
(Ord. 305, 2 -24 -2005)
Adopted by the City Council of the City of Andover on this 5th day of April, 2016.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER
Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 457 SUMMARY
AN ORDINANCE AMENDING CITY CODE TITLE 4 PUBLIC HEALTH AND SAFETY: CHAPTER 3,
SECTION 4 -3 -13, REQUIREMENTS FOR DEVELOPERS; AND CITY CODE, TITLE 9,
ESTABLISHING BUILDING REGULATIONS: CHAPTER 1 — BUILDING CODE; CHAPTER 2;
WATER -FED HEAT EXTRACTORS AND AIR CONDITIONING EQUIPMENT; CHAPTER 3 —
MINIMUM ELEVATIONS AND STANDARDS FOR BUILDING AND DRIVEWAY CONSTRUCTION;
CHAPTER 7 — COMMERCIAL BUILDING CONSTRUCTION STANDARDS; AND CHAPTER 10 —
RESIDENTIAL LANDSCAPING REQUIREMENTS.
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in
Minnesota Statute 412.
Policy
The purpose of these regulations is to protect the public health, safety and welfare. The proposed
amendments to City Code Title 9 remove and replace obsolete references to building codes and rules; and
also broadly sort out and reformat city code sections relating to required improvements, security agreements
and sureties for required improvements in the City of Andover.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and
shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 5th day of April, 2016.
ATTEST:
Mid elle Hartner, Deputy City Clerk
CITY OF ANDOVER
L
Ju 'e Irude, Mayor