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City of Isanti, MN
Isanti County
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (1)
Public Documents
Misc. Documents (13)
[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:
AUTHORIZED AGENT
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]
DISEASE
An infection or an infestation by a microorganism.
INFECTION
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.
INFESTATION
A tree that has been overrun by pests.
INVASIVE SPECIES
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.
PEST
Any living agent capable or reproducing itself that causes or may potentially cause economic or environmental harm to trees through infection and/or infestation.
TREE
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.
[Amended 7-20-2021 by Ord. No. 763; 2-6-2024 by Ord. No. 803[1]]
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.
[1]
Editor's Note: Ordinance No. 803, adopted 2-6-2024, repealed former § 264-11, Standard abatement procedures, and § 264-12, High-cost abatement, which immediately preceded this section. This ordinance also renumbered former §§ 264-13 through 264-264-22 as §§ 264-5 through 264-14, respectively.
[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]
Any person, firm, or corporation that violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor. Penalties for violations shall be imposed as provided within Chapter 1, § 1-1, of the Isanti City Code.
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.