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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