Ordinance No._441

Ordinance No._441 AN ORDINANCE RELATING TO VEGETATION; PROVIDING FOR MEASURES WITHIN THE CITY TO PREVENT AND CON- TROL FUNGUS INFECTIONS OF ELM AND OAK TREES, AND, INFESTATION OF ELM AND ASH TREES BY CERTAIN INSECT PESTS; PROVIDING FOR ABATEMENT OF INFECT- ED AND INFESTED TREES; AMENDING THE PROVISIONS OF THE CHATFIELD CODE, SUBPART A, CHAPTER 32, ARTICLE II, SECTIONS 32-19, 32-20, 32-21, 32-23, 32-24, 32- 25, 32-28, 32-20; REPEALING THE PROVISIONS OF SEC- TIONS 32-22 AND 32-27

THEREOF.

The City Council of the City of Chatfield, Minnesota, does ordain:

Section 1. The provisions of the Chatfield Code, Subpart A, Chapter 32, Article II, Section 32-19, are amended to read:

Sec. 32-19. - Conflicts. Where the provisions of this chapter conflict or are in inconsistent with any other provision of this code or with any rule promulgated by the Minnesota Commissioners of Agriculture or Natural Resources, the provisions of this chapter shall supersede, except in instances where the other ordi- nance or rule is more stringent, in which case the more stringent provi- sion shall apply and control.

Section 2. The provisions of the Chatfield Code, Subpart A, Chapter 32, Article II, Section 32-20, are amended to read:

Sec. 32-20. - Purpose. The city council has determined that health of certain elm, oak and ash shade trees within the city are threatened by fatal tree diseases known as Dutch Elm Disease and Oak Wilt; and, the infes- tation of ash trees (Fraxius spp) by an insect pest known as the “emerald ash borer” (Agrilus Planipemmis). It has further determined that the loss of these shade trees that are growing upon public or private property that are subject to said diseases or infesta- tion by the aforementioned insect pest, would substantially depreciate the value of property within the city; and, impair the safety, good order, general welfare and convenience of the public. Therefore, it is declared to be the city council’s intention to con- trol and prevent the spread of these specific tree diseases, or proliferation of the insect pest the emerald ash borer.

Section 3. The provisions of the Chatfield Code, Subpart A, Chapter 32, Article II, Section 32-21, are amended to read:

Sec. 32-21. - Office of Tree Inspector Established. The office of tree inspector is hereby created. The powers and duties of the tree inspec- tor as set forth further in this chapter are conferred upon the person appointed and acting as the city director of the department of public

works, or such director’s designee. The tree inspector shall coordinate, under the direction and control of the city council, all city activities relating to the control and prevention of shade tree diseases known as Dutch Elm Disease and Oak Wilt; and, elim- ination of the insect pest emerald ash borer. The tree inspector shall rec- ommend to the city council the details of a program for the control of such shade tree diseases and eradica- tion of such insect pest; and, perform such other duties incident to imple- mentation of such program adopted by the city council.

Section 4. The provisions of the Chatfield Code, Subpart A, Chapter 32, Article II, Section 32-22, are repealed.

Section 5. The provisions of the Chatfield Code, Subpart A, Chapter 32, Article II, Section 32-23, are amended to read:

Sec. 32-23. - Nuisance declared.

the tree inspector or authorized agent may enter upon private premises for the purpose of carrying out any duty imposed by this section.

Section 7. The provisions of the Chatfield Code, Subpart A, Chapter 32, Article II, Section 32-25, are amended to read:

Sec. 32.25. - Abatement. In the process of abating a nuisance described in section 32.23 (a) of this chapter, the tree inspector shall cause the tree that is infected or sub- ject to infestation and its wood to be sprayed, removed, burned or other- wise effectively treated so as to destroy the source of the infection or infestation; and, prevent the spread of such infection or infestation to nearby trees.

Section 8. The provisions of the Chatfield Code, Subpart A, Chapter 32, Article II, Section 32-27, are repealed:

Section 9. The provisions of the Chatfield Code, Subpart A, Chapter 32, Article II, Section 32-28, are amended to read:

Sec. 32-28. - Transporting of cer- tain wood prohibited. No person shall transport within the city, except to an approved disposal site, any: bark bearing elm wood; bark bearing ash (Fraxinus spp) wood that has been infested by the emerald ash borer; or, bark bearing oak wood

from a tree infected by the Oak Wilt fungus without having first obtained a permit from the tree inspector.

The tree inspector shall grant such permit only when the purposes of this chapter will be served thereby.

Section 10. The provisions of the Chatfield Code, Subpart A, Chapter 32, Article II, Section 32-30, are amended to read:

Sec. 32-30. - Stockpiling or stor- ing kinds of wood. The stockpiling or storing of any: bark bearing elm wood; bark bearing ash (Fraxinus spp) wood that has been infested by the emerald ash borer; or, bark bear- ing oak wood from a tree infected by the oak wilt fungus is prohibited, except during the period of September 15 through April 1 of the following year. Any such wood not utilized by April 1 of that year shall be immediately removed from the city and disposed of in an approved dis- posal site.

Section 11. This ordinance shall be effective 30 days following its publi- cation.

Passed and adopted by the City Council of the City of Chatfield, Minnesota, this 25th day of February, 2019.

By:Russ Smith, Mayor Attest: Joel A. Young, City Clerk