City of Breckenridge, MN
Wilkin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Breckenridge as indicated in article histories. Amendments noted where applicable.]
Subdivision of land — See Ch. 164.
[Adopted 11-20-1972 as Art. II of Ord. No. 271]
As used in this article, the following terms shall have the meanings indicated:
That portion of a public thoroughfare which is used by vehicular and pedestrian traffic.
[Amended 2-7-2000 by Ord. No. 440]
No person shall plant, place or maintain any trees, plants or shrubs:
On the traveled portion of any street, alley or boulevard.
Adjacent to the traveled portion of any street, alley or boulevard if such trees, plants or shrubs have resulted or may result in a traffic hazard or obstruction to traffic or an unsafe condition.
Which has interfered with or may interfere with the erection, maintenance, repair or operation of any electric transmission line, telephone line or other public utility.
Any such tree, plant or shrub planted, placed or maintained in violation of this article is a public nuisance and shall be immediately removed. In the event that such trees, plants or shrubs are not removed, the Codes Administrator, Police Department, City Engineer or Public Utilities Department shall notify the owner or occupant of the property by written notice which shall be mailed or delivered. Unless such trees, plants or shrubs are removed within 15 days after delivery of the notice, the City will cause the same to be removed. If such trees, plants or shrubs are not removed within said fifteen-day period, the City may cause the same to be removed.
Any person who maintains a nuisance in violation of the provisions of this article, or who fails to abate such nuisance when notified, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty.
[Adopted 10-5-1976 by Ord. No. 323; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The City Council of the City of Breckenridge has determined that the health of plants and trees within the municipal limits is essential to prevent the loss of plants and trees growing upon public and private property which 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 Council to control and prevent the spread of disease, and this article is enacted for that purpose.
Position created. The powers and duties of the City Forester as set forth in this article are hereby conferred upon the Park Department Foreman.
Duties of Forester. It is the duty of the Forester to coordinate, under the direction and control of the Council, all activities of the municipality relating to the control and prevention of tree and plant disease. The Forester shall recommend to the Council the details of a program for the control of disease and perform the duties incident to such a program adopted by the Council.
It is the intention of the Council of the City of Breckenridge to conduct a program of plant pest control pursuant to all the powers of this municipal corporation including the authority granted by M.S. § 18.022 and 18.023, as amended.
The following things are public nuisances whenever they may be found within the City of Breckenridge:
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 any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (March).
Any dead elm tree or part thereof, including legs, 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.
Any living or standing tree or plant or part thereof infected to any degree with any disease other than Dutch Elm Disease which may endanger the other trees or plants in the City.
Abatement. It is unlawful for any person to permit any public nuisance as defined in Subsection A to remain on any premises owned or controlled by him or her within the City of Breckenridge. Such nuisances may be abated in the manner prescribed by this article.
Annual inspection. The Forester shall inspect all premises and places within the City as often as practicable to determine whether any condition described in § 174-8 of this article exists thereon. The Forester shall investigate all reported incidents of infestation by any disease.
Entry on private property. The Forester or duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this article.
In abating the nuisances defined in § 174-8, the Forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of disease. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture.
[Amended 9-5-2017 by Ord. No. 496]
Whenever the City Administrator or the Administrator's designee responsible for enforcement finds with reasonable certainty that the infestation defined in § 174-8 exists in any public or private place in the City, the City may follow the abatement procedures established in § 118-25.
It is unlawful for any person to prevent, delay or interfere with the Forester or his or her agents while they are engaged in the performance of duties imposed by this article.
Any person, firm or corporation who violates this article is guilty of a misdemeanor and, upon conviction, may be punished as provided in Chapter 1, General Provisions, Article I, General Penalty.