09-1348Substitute Ol/06l2010
ORDINANCE
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Council File # 09-1348
GreenSheet# 3088&76
MINNESOTA
6 THE COUNCIL OF THE CITY OR SAINT PAUL DOES ORDAIN:
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8 Section 1
10 Chapter 175 of the Saint Paul Legislative Code is hereby enacted to read as follows:
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13 Chapter 175A. Emerald Ash Borer Pest Tnsect
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15 Sec. 175.01. Policv.
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The council of the Citv of Saint Paul has determined that there aze manv ash trees (Fraxinus �. ) growin�
on public and rip 'vate premises within the City of Saint Paul, the loss of which would substantially
depreciate the value of public and private premises, and impair the safetv, �ood order, general welfare and
convenience of thepublic. The council has determined that the health and life of such trees is threatened by
the exotic, invasivepest A r� ilus planipennis Fairmaire, commonlv known as emerald ash borer. The
council herebv declares its intention to control and prevent the spread of the insect pests and declares the
emerald ash borer to be a public nuisance.
Sec. 175,02. Nuisances.
The followine is declazed to be a public nuisance whenever they mav be found within the Citv of Saint
Paul:
�l�any ash tree ox stump found to harbor A rg ilus plan�ennis Fairmaire.
(21 any ash firewood or cut lo�s found to harbor �lgrilus planipennis Fairmaire
Sec. 175.03. Plant pest control proQram.
It is the intention of the council of the Ciry of Saint Paul to conduct a prog_ram of plant pest control
pursuant to the authoritv �ranted bv Minnesota Statutes, Section 18G.13. This program is directed
specificallv at the control and elimination of diseases and oests that threaten shade trees and is undertaken
at the recommendation and under the direction of the commissioner of agriculture. The city forester shall
act as coordinator between the commissioner of agriculture and the council in the conduct of this pro�ram.
The citv forester, under the direction of the director of the department ofparks and recreation, is authorized
to perform the duties and exercise the powers as set out in this chapter.
An ordinance creating Chapter 175A of the Saint Paul
Legislative Code to declare emerald ash borer a nuisance
and create a method for dealing with the threat to ash
trees on public and private property
09-1348
43 Sec.175.04.Inspection.
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ja�Citv forester to inspect. The city forester shall inspect all premises and places within the city of Saint
Paul as o$en as oractical to determine whether anv condition described in section 175.02 exists thereon.
Helshe shall investi�ate all reported incidents of infestation by emerald ash borer beetles. The citv forester
or hislher dulv authorized officers, emplovees or agents may enter upon private premises at anv reasonable
time for the putpose of carryiY� out anv of the duties assi�ned to them under this chapter.
�b) Analvsis of specimens. Whenever necessary to determine the existence of emerald ash borer or emerald
ash_borer beetles in anv tree, stumn or firewood the person inspecting such ash material may remove or cut
specimens from the wood in such manner as to avoid permanent injurv thereto and ma�forward such
specimens to the Minxaesota Deparhnent of A�iculture for analvsis to determine the presence of such
nuisances. No action to remove living trees or wood shall be taken until positive diagnosis of the nuisance
has been made.
Sec. 175.05. Abatement, procedures.
(a) Notification to owner, etc. Whenever the city forester has reason to believe that a nuisance as defined in
section 175.02 exists on anyprivate pronertv in the city, heJshe shall mail a written arder to the last known
address of the owner of the real nrooerty involved. For th�urpose of this chanter, "owners" and their
addresses shall be those shown to be such on the records of the Ramsey'Countv Deparhnent of Propertv
Taxation, but other appropriate records may be used. The written order shall notifv the owner of the
existence of the nuisance and direct that it be removed and proverly disoosed of within twenty_(20) days
after receiUt of such notice. The notice shall also state that if such nuisance has not been abatad within the
time nrovided, the city, bv and through its department of nazks and recreation, mav abate the nuisance at
the expense of the owner and that, if the costs of the abatement have not been�repaid bv the owner at the
time the abatement takes place, the charge for such work and any administrafive costs incuned by the real
estate division of the department of public works forprocessing the collection thereof shall be made a
sUecial assessment aFainst the roperty concemed.
(b) Emergency Abatement. Whenever the citv forester or the Commissioner of Agriculture in the exercise
of hisJher professional �judement, has reason to believe that the presence of the Emerald Ash Borer has
created an emerQency which demands more immediate abatement. the notice set forth above may reduce
the time within which the propertv owner must act, but in no event to a time less than seven (7� calendar
days for the homeowner to remove the nuisance.
�c) Failure to act� citv mav abate If the owner or person in control of any private premises fails to have
such nuisance so removed and properly disposed of after receipt of notification by mail or when the owner
or person in control cannot be located the department of parks and recreation may proceed to have the
nuisance removed and disnosed of, and any expense incurred bv the city in so doing may be a charee and
lien u on the property and shall be collected as a special assessment a�ainst the property concemed.
Included, as part of the assessment, shall be those administrative costs incurred by the real estate division
of the department ofpublic works in processin� the collection of the abatement.
(d) Costs to be assessed. The city farester shall keep a record of the cost of abatements done under this
section and, on or before September 1 of each vear, shall renort to the real estate division of the office of
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financial services all work done for which assessments are to be made, statin¢ and certifving the
descrintion of the lots and uarcels involved and the amount chargeable to each lot and parcel. The total
costs of this abatement includin� the administrative costs incurred bv the real estate division of the
de�artment of public works in processing the abatement shall then be assessed against the affected real
property in the mannerprovided far in Chapter 14 of the Citv Charter and shall be collected in accordance
with those applicableprovisions contained in Chaoter 64 of the St. Paul Administrative Code; provided.
however. that these assessments shall be pavable in not to exceed ten (10) annual installments.
(e) Subsidies. Notwithstanding any otherprovision of this section to the contrarv, the citv may provide
total or nartial subsidies to owners of private residential pronertY for the cost of removing infested trees;
urovided, however. that the urivate residentialpronerty is used exclusively for residential purposes onl�
and nrovided further, that the propertv has located thereon a dwellin� or dwellings which are exclusivelv
designed for and used as single or multi-dwellina buildings with families living independent of each other
Sec. 175.06. Permit to transport wood.
The citv and its residents shall comply with any quarantine reearding the movement of re�ulated articles
pertaininQ to emerald ash borer declazed by the Minnesota Departrnent of A�riculture set out in Minn Stat
1§ 8G.06.
Sea 175.07. No interference with forester.
It is unlawful for anv person to prevent, delav ar interfere with the city forester ar hisJher agents while they
are en�a�ed in the performance of duties imposed bv this chapter.
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117 This ordinance shall take effect and be in farce thirty (30) days following its passage, approval and
118 publication. �U��{SH�
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120 �EB � 4 ZfliO
Sostrom
Carter
Harris
Helgen
Stazk
Thune
Adopted by Council Date
Adoprion Certified by uncil Secretary (/
B y' ` iL�l�///
Approve yM Date � 'LZ yoCU
By:
Requested by Department of:
�t /kf1- �S � \ "�
By:
Approved by the Office of inancial Services
By:
Appcoved hy Ciry Attorney
By:
Approved by M� y r for Submission to Counci]
By:
09-1348
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
PR _ Parks and
, ConWCt person & Phone:
I Cy Kasel
632-2412
Must Be on Council Agenda by (Date):
09-DEC-09
Doc. Type: ORDINANCE
E-Document Required: Y
Documerrt Contact:
Contact Phone:
,9NOV2oa9 i Green Sheet NQ: 3088876
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Assign
Number
Far
Routing
Order
Total # of S Pages _(Clip AII Locations for Signature)
Action Requestetl:
Approval of Ordinance creating Chapter 175A of the Saint Paul Legislative Code to declate emezald ash bore a nuisance and to
create a method for dealing with the thxeat to ash trees on public and private property.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Crvil Sernce Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this persoMfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Expiain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
It was discovered the EAB disease was in St. Paul in May of 2009 and is srill thought to be the only community in Minnesota with
confirmation of the disease. Approximately 80 trees have been found to be infested, a71 which wexe removed and destroyed. Based on
the understanding of the EAB disease, the number of diseased trees is expected to grow exponentially.
Advantages If Approved:
The ordinance change to accommodate EAB is needed to officially allow City Foreshy inspectors to enter private property to inspect
ash trees suspected to be infested with EAB.
Disadvantages If Approved:
none
DYsativanWges If Not Approved:
More opportunity for the EAB to become widespread.
Total Amount of
Transaction:
Funtling Source:
Financial lnformation:
(6cplain)
CostlRevenue Budgeted:
Activity Number.
December 3, 20091:44 PM Page 1
Council File # 09-1348
Green Sheet# 3088876
ORDINANCE
CITY
Presented by
MINiVESOTA
1 An ordinance creating Chagter 175A of the Saint Paul
2 Legislative Code to declaze emerald ash borer a nuisance
3 and create a method for dealing with the threat to ash
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trees on pubHc and private property
6 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
g Section 1
10 Chapter 175 of the Saint Paul Legislauve Code is hereby enacted to read as follows:
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13 Chaoter 175A. Emerald Ash Borer Pest Insect
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15 Sec. 175.01. Policv.
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The council of the City of Saint Paul has determined that there are man� ash trees �Frc�,zinus spp ) rowing
on public and urivate premises within the Citv af Saint Paul, the loss of which would substantially
depreciate the value of public and private premises and impair the safetv Qood order general welfare and
convenience of the public. The council has determined that the health and life of such trees is threatened bv
the exotic, invasive vest Aut'ilus vlanipennis Fairmaire, commonly known as emerald ash borer The
council hereby declazes its intention to control and prevent the snxead of the insect nests and declaxes the
emerald ash borer to be a public nuisance
Sec. 175.02. Nuisances
The followine is declared to be a public nuisance whenever they mav be found within the Citv of Saint
Paul:
(1) anv ash tree or stumn found to harbor A rilu�lani�ennis Fairmaire
(2) anv ash firewood or cut lo¢s found to harbor Arrilus p(anipennis Fairmaire
Sea 175.Q3. Plant pest control pro2tam.
It is the intention of the councIl of the City of Saint Paul to canduct a program of plant pest control
pursuant to the authority r� anted by Minnesota Statutes Section 18G 13 This pro�ram is d'uected
specifically at the control and elimination of diseases and pests that threaten shade trees and is undertaken
at the recommendation and under the direction of the commissioner of agriculture The city forester shall
act as coordinator between the commissioner of aQriculture and llae council in the conduct of this nroeram
The citv forester under the direction of the director of the department of parks and recreation is authorized
to perform the duties and exercise thepowers as set out in this chaptar
09-1348
43 Sec.175.04.Inspection.
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�al City forester to ins�ect. The city forester shall inspect a11 premises andplaces within the citv of Saint
Paul as ofren as practical to determine whether anv condition described in section 175.02 exists thereon.
He/she shall investieate all reported incidents of infestation byemerald ash borer beetles. The citv forester
or_hislher dulv authorized officers, emplovees or a�ents may enter u�on qrivate premises at any reasonable
time for the purpose of c 'nQ out any of the duties assimed to them under tbis chapter.
�b) Analvsis of specimens. Whenever necessarv to determine the existence of emerald ash borer or emerald
ash borer beetles in anv tree, stumo or firewood the person insnectin� such ash material may remove or cut
specimens from the wood in such manner as to avoid pernlanent iniurv thereto and mav forward such
specimens to the Minnesota Deoartment of Agriculture for analysis to determine the presence of such
nuisances. No action to remove living trees or wood shall be taken until positive diagnosis of the nuisance
has been made.
Sec. 175.05. Abatement, procedures.
(a} Norification to owner, eta Whenever the city forester has reason to believe that a nuisance as defined in
section 175.02 exists on anv private property in the eity helshe shall mail a written order to the last known
address of the owner of the real propertv involved Far theptirpose of this chanter "owners" and their
addresses shall be those shown to be such on the records of the Ramsey County Department of Property
Tasation. but other appropriate records may be used. The written order shali notify the owner of the
existence of the nuisance and direct that it be removed and properly disposed of within twenty�20) davs
after receipt of such notice. The notace shall also state that if such nuisance has not been abated within the
time urovided, the cit� by and throueh its department ofparks and recreation may abate the nuisance at
the expense of the owner and that if the costs of the abatement have not been prepaid bv the owner at the
time the abatement takes place the charQe for such work and any administrative costs incuned by the real
estate division of the department of public works for processine the collection thereof shall be made a
special assessment against the property concerned
�b) Emergencv Abatement Whenever the citv forester or the Commissioner of Agriculture in the exercise
of hislher professional judexnent has reason to believe that the presence of the Emerald Ash Borer has
created an emereenev which demands more immediate abatement the notice set forth above ma reduce
the time within which the propertv owner must act but in no event to a time less than seven (7) calendar
davs for the homeowner to remove the nuisance.
�c) Failure to act• city mav abate If the owner ar person in control of anv private premises fails to have
such nuisance so removed and_properl�posed of after receipt of norification bv mail or when the owner
ar person in control cazuiot be located the department of pazks and recreation mav proceed to have the
nuisance removed and disnosed of, and any expense incuned by the citv in so doing mav be a charee and
lien unon the nro�ertv and shall be collected as a special assessment a�ainst the pronerty concerned
Included, as part of the assessment sha11 be those administrative costs incurred by the real estate division
of the depariment of public works anprocessing the collecrion of the abatement
�d) Costs to be assessed. The citv forester shall keep a record of the cost of abatements done under this
section and, on or before September 1 of each vear shall report to the real estate division of the department
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o�ublic works all work done for which assessments are to be made, stating and certifvin� the descri�tion
of the lots and�arcels involved and the amount chareeable to each lot and parcel. The total costs of this
abatement includin�the administrative costs incurred bv the real estate division of the departrnent of public
works inprocessin� the abatement shall then be assessed against the affected realprooerty in the manner
provided for in Chapter 14 of the Citv Charter and sha11 be collected in accordance with those applicable
provisions contained in Chapter 64 of the St. Paul Administrative Code: provided. however, that these
assessments shall be pavable in not to exceed ten �10) annual installments.
�e� Subsidies. Notwithstanding anv other provision of this section to the contr_y the citv may provide
total or partial subsidies to owners of private residential propertv for the cost of removing infested trees�
provided however that the private residential propertv is used exclusivelv for residential nurposes onlv�
and provided further, that the nroperty has located thereon a dwelline or dwellin�s which are exclusivelv
desianed for and used as sin�le ar multi-dwelling buildings with families livin� independent of each other
Sec. 175.06. Permit to transnort wood.
The citv and its residents shall com�ly with anv quarantine re¢arding the movement of reeulated articles
pertaininQ to emerald ash borer declared by the Minnesota Department of Agriculture set out in Minn Stat
I 8G.06.
Sec. 175.07. No interference with forester.
It is unlawful for anyperson to prevent delay or interfere with the city forester or his(her a�ents while thev
are engaQed in the performance of duties imposed b_y this chanter
Section 2
This ordinance shall take effect and be in force thirty (30) days following its passage, approval and
118 publicarion.
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Yeas Nays Absent
Bostrom
Carter
Harris
Helgen
Lanhy
Stark
Thune
Adopted by Councfl: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested by Department of.
I�FM�'� Y �-r i��
t
By:
Approved by the Office of Financi c
By:
Approved by Ci Attorney
B
Approved by D a or for Submission to Council
By: