[HISTORY: Adopted by the City of Isanti 7-6-2010 by Ord. No.
489.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of Ord. No. 79, regarding deadlines for subsidies to private property
owners for the removal of diseased shade trees pursuant to Minn. Stat.
§ 18.023, Subd. 4.
As used in this chapter, the following terms shall have the
meaning indicated:
A representative from Parks and Recreation Department, Public
Works Department, or other party as designated by the City of Isanti.
[Amended 7-20-2021 by Ord. No. 763; 2-6-2024 by Ord. No. 803]
An infection or an infestation by a microorganism.
A tree that is: 1) contaminated with pathogenic micro-organisms;
2) being parasitized; 3) a host or carrier of an infectious, transmissible,
or contagious pest; or 4) so exposed to a tree listed in clause 1),
2), or 3) that one of those conditions can reasonably be expected
to exist and the tree may pose a risk of contamination to other trees
or the environment.
A tree that has been overrun by pests.
Any invertebrate animal, plant pathogen, parasitic plant
or other similar or allied organism which can cause a tree to be diseased
and/or infested and is determined, by either the Commissioner of the
Minnesota Department of Agriculture or the Commissioner of the Minnesota
Department of Natural Resources, to be a pest causing economic or
environmental harm to trees in Minnesota.
Any living agent capable or reproducing itself that causes
or may potentially cause economic or environmental harm to trees through
infection and/or infestation.
Deciduous or coniferous trees.
[Amended 2-6-2024 by Ord. No. 803]
The City Council of the City of Isanti has determined that the
health of trees in the City is threatened by shade tree pests and
fatal diseases, to include, but is not limited to, Dutch elm, oak
wilt, emerald ash borer, elm bark beetles, and other invasive species.
The loss or ill health of trees growing upon public and private property
within the City substantially depreciates the value of property within
the City and impairs the safety, health, general welfare, and convenience
of the public.
[Amended 2-6-2024 by Ord. No. 803]
The City shall have control of all trees, shrubs, and other
plantings now and hereafter in any public park, public place, or upon
other property owned by the City within the corporate boundaries of
Isanti. Trees, shrubs, and other plantings located within the public
right-of-way or within a public or private easement upon property
owned by a private property owner shall be the responsibility of that
owner.
A.
A qualified representative from Parks and Recreation, the Public Works Department, or other party as designed by the City of Isanti is authorized to inspect premises and places within the City to determine whether shade tree pests exist thereon and to investigate all reported incidents of shade tree pests. The authorized agent may enforce the provisions relating to abatement in this chapter. Diagnosis of shade tree pests may be by the presence of commonly recognized symptoms; by tests as may be recommended by the Commissioner of the Minnesota Department of Agriculture or the Commissioner of the Minnesota Department of Natural Resources; or other reliable means. Except as provided within § 264-6 of this chapter, no action to remove infected trees or wood shall be taken until a positive diagnosis of a disease or pest has been made.
B.
The authorized agent may enter upon private premises at any reasonable
time for the purpose of carrying out any of the duties assigned him
or her under this chapter.
C.
No person, firm, or corporation shall interfere with the authorized
agent or with anyone acting under the authorized agent's authority
while engaged in activities authorized by this chapter.
[1]
Editor's Note: This ordinance also repealed former § 264-4, Declaration of shade tree pest; § 264-5, Nuisances declared, as amended; § 264-6, Nuisances prohibited; § 264-7, Reporting discovery of shade tree pest; § 264-8, Registration of tree care firms; and § 264-9, Administration, as amended. This ordinance also renumbered former § 264-10 as § 264-4.
If the City Clerk receives a written request for a hearing on
the question of whether a public nuisance exists, the City Council
shall hold a hearing at the next regular meeting following receipt
of the written request. At least three days' notice of the hearing
shall be given to the individual who made the written request for
the hearing. The City Council may modify the abatement notice or extend
the time by which abatement must be completed. Each owner, agent of
the owner, occupant, and lien holder of the subject property or properties
in attendance, if any, shall be given the opportunity to present evidence
at the hearing. After holding the hearing, the City Council may issue
an order requiring abatement of the nuisance.
[Amended 2-6-2024 by Ord. No. 803]
If the authorized agent determines that the danger of infestation to other shade trees is imminent, and delay in control measures may put public health, safety, or welfare in immediate danger, the authorized agent may provide for abatement per City Code § 216-6.
A.
The authorized agent must reasonably attempt to notify the owner
or occupant of the affected property of the intended action and the
right to appeal the abatement and any cost recovery at the next scheduled
City Council meeting.
B.
Nothing in this section shall prevent the City, without notice or
other process, from immediately abating any condition that poses an
imminent and/or serious hazard to human life or safety.
[Amended 7-20-2021 by Ord. No. 763]
Should any part or provision of this chapter be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the chapter as a whole or any part thereof
other than the part held to be invalid.
Whenever the authorized agent determines that any tree or wood
within the City is infected with disease or pests, the authorized
agent may require spraying of all nearby high-value trees with an
effective disease-destroying concentrate. Spraying activities authorized
by this chapter shall be conducted in accordance with technical and
expert opinions and plans of the Minnesota Commissioner of Agriculture,
or agents thereof, whenever possible.
It is unlawful for any person to transport within the City any
diseased wood that is determined to be hazardous, as described in
this chapter, without taking the appropriate precautions. The authorized
agent shall grant such permits only when the purposes of this chapter
will be served thereby.
[Amended 7-20-2021 by Ord. No. 763]
It is unlawful for any person to store, retain or possess any
cut diseased tree, wood, or portions thereof, unless written approval
is obtained from the authorized agent to show compliance with the
Commissioner of Agriculture and Minnesota Pollution Control Agency
standards and regulations regarding storage and possession of diseased
trees.
A.
"Oak wilt disease" is a shade tree pest and is defined as any living
or dead tree, log, firewood, limb, branch, stump, or other portion
of a tree from any species of the genus Quercus existing within the
City limits that has bark attached and exceeds three inches in diameter
or 10 inches in circumference and contains to any degree any spore
or reproductive structures of the fungus Ceratocystis fagacearum.
B.
Control measures. The following control measures may be taken to
abate oak wilt disease:
(1)
Installation of a root-graft barrier. A root-graft barrier can be
ordered and installed to prevent the underground spread of oak wilt
disease. The barrier disrupts transmission of the fungus within the
shared vascular systems of root-grafted trees. The barrier is created
by excavating or vibratory plowing a line at least 42 inches deep
between any oak tree infected with oak wilt disease and each nearby
and apparently healthy oak tree within 50 feet of the infected tree.
(2)
Removal and disposal of trees.
(a)
The City may mark for removal trees that have the potential
to produce spores of the fungus Ceratocystis fagacearum. After, and
in no case before, the installation of the root graft barrier and
no later than May 1 of the year following infection, all marked trees
must be removed. The stump from such removed trees must not extend
more than three inches above the ground or, if taller, must be completely
debarked.
(b)
If, however, after the City prescribes the location for a root
graft barrier, the City determines that installation of the barrier
is impossible because of the presence of pavement or obstructions
such as a septic system or utility line, the City may mark for removal
all oak trees whether living or dead, infected or not, and located
between the infected tree and the marked barrier location. These marked
trees must be removed and disposed of no later than May 1 of the year
following infection. The stump from such removed trees must not extend
more than three inches above the ground or, if taller, must be completely
debarked.
(c)
All wood more than three inches in diameter or 10 inches in
circumference from such removed trees must be disposed of by burying,
debarking, chipping, or sawing into wanefree lumber, or by burning
before May 1 of the year following infection. Wood chips from infected
trees may be stockpiled or immediately used in the landscape.
A.
"Emerald ash borer" is a shade tree pest and is defined as an insect
that attacks and kills ash trees. The adults are small, iridescent
green beetles that live outside of trees during the summer months.
The larvae are grub or worm-like and live underneath the bark of ash
trees.
B.
Control measures. The following control measures may be taken to
abate the emerald ash borer:
(1)
Treatment and prevention.
(a)
If the ash tree is still healthy and shows no signs of infection,
insecticides can effectively control emerald ash borer and fall within
four categories: systemic insecticides that can be applied as soil
injections or drenches, systemic insecticides applied as tree trunk
injections, systemic insecticides applied as lower trunk sprays, and
protective cover sprays that can be applied to the trunk, branches,
and foliage. Insecticide use on private lands is optional and, if
performed, is at the landowner's expense.
(b)
Spraying and injection activities for the prevention of emerald
ash borer authorized by this chapter shall be conducted in accordance
with technical and expert opinions and plans of the Minnesota Commissioner
of Agriculture, or agents thereof, whenever possible.
(2)
Removal and disposal of trees.
(a)
Removal of ash branches, trees, and stumps should be avoided
between the dates of May 1 through August 31; as this is the active
period for emerald ash borer. If removal is necessary due to potentially
hazardous conditions, then the outer one inch of bark/wood can be
chipped on site and transported to the nearest facility that can quickly
process the material or at least the outer one inch of bark/wood can
be transported in a vehicle where it is 100% enclosed to the nearest
facility that can quickly process the material. Any material should
remain enclosed until it can be at a minimum chipped. The stump from
such removed trees must not extend more than three inches above the
ground or, if taller, must be completely debarked.
(b)
From September 1 through April 30, the pruning and removal of
ash can take place. At least the outer one inch of bark/wood should
be transported to a facility where it will be processed prior to May
1. The stump from such removed trees must not extend more than three
inches above the ground or, if taller, must be completely debarked.
(c)
Branch, tree, and stump removal should be avoided during the
emerald ash borer active period for two reasons.
[1]
By postponing pruning until the fall, the risk of spreading
emerald ash borer can be reduced. If the tree is left intact during
the emerald ash borer active period, it can provide a habitat for
the adults to lay eggs. New adults will not emerge until the following
year, if this tree or branch is cut and properly disposed of during
the dormant period, any emerald ash borer that may exist in the ash
material will be destroyed when the wood is destroyed.
[2]
Material moved during the active period may release adults at
any time during transportation into a previously uninfested area.
(d)
Other options for effectively treating the material include
grinding to a small diameter (less than one inch in two dimensions),
burning or burying.
A.
"Dutch elm disease" is a shade tree pest and is defined as a disease
of elm trees caused by the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi,
and includes any living or dead tree, log, firewood, limb, branch,
stump, or other portion of a tree from any species of the genus Ulmus
existing within the City limits of Isanti that has bark attached and
that exceeds three inches in diameter or 10 inches in circumference
and could contain bark beetles or any spore or reproductive structures
of the fungus Ophiostoma ulmi or Ophiostoma novo-ulmi.
B.
Control measures. The following control measures may be taken to
abate Dutch elm disease:
(1)
Use of fungicide.
(a)
Fungicides may be effective in preventing Dutch elm disease
when injected into living trees that do not already show symptoms
of Dutch elm disease. Fungicide injections on private lands are optional
and, if performed, are at the landowner's expense.
(b)
Fungicide activities for the prevention of Dutch elm disease,
authorized by this chapter shall be conducted in accordance with technical
and expert opinions and plans of the Minnesota Commissioner of Agriculture,
or agents thereof, whenever possible.
(2)
Removal and disposal of trees. Prompt removal of diseased trees or
branches reduces breeding sites for elm bark beetles and eliminates
the source of Dutch elm disease fungus. Trees that wilt before July
15 must be removed within 20 days of detection. Trees that wilt after
July 15 must be removed by April 1 of the following year. Diseased
trees not promptly removed will be removed by the City at the landowner's
expense. Wood may be retained for use as firewood or saw logs if it
is debarked from April 15 through October 15.
