92. WEEDS, TREES, AND SHRUBS
CHAPTER 92: WEEDS, TREES, AND SHRUBS
Section
Shade and Ornamental Trees
92.01 Boulevard trees and city authority to control trees
92.02 City to order work done
92.03 Permit to plant trees in public ground
92.04 Trees and vegetation menacing public safety to be reported
92.05 Tree topping
Shade Tree Disease and Insect Control
92.20 Nuisance declared
92.21 Prohibition
92.22 City Council responsibility
92.23 Inspections
92.24 Abatement generally
92.25 Abatement on private or government property
92.26 Abatement on city property
92.27 Cost of abatement
92.28 Transporting of elm or Fraxinus (ash) wood
92.29 Interference
92.30 Violation
Weeds and Grass
92.45 Definition
92.46 Duty of property owner
92.47 Nuisance
92.48 Notice of violation
92.49 City may order work done
92.50 Charges, costs, and penalty
92.51 Grass and lawn clippings prohibited from public paved surfaces
SHADE AND ORNAMENTAL TREES
§ 92.01 BOULEVARD TREES AND CITY AUTHORITY TO CONTROL TREES.
The city staff shall have, under the direction of the City Council, control and supervision over all trees bordering or overhanging all public streets, alleys, and highways, and all grass plots bordering public streets, alleys, and highways. The word TREE as used herein shall be deemed to include shrubs.
(Prior Code, § 307.1)
§ 92.02 CITY TO ORDER WORK DONE.
Whenever the city shall find that any tree that needs trimming, removal, treatment, or other care in order to preserve the tree in good condition or to protect the public from damage or injury, the city shall see that the necessary work is done and shall keep an account of the cost of the work and submit to the City Clerk/Treasurer.
(Prior Code, § 307.2)
§ 92.03 PERMIT TO PLANT TREES IN PUBLIC GROUND.
The city shall keep a list of trees that are approved to be planted on public ground. Any person desiring to plant any tree or trees in any public ground shall apply at the City Clerk/Treasurer’s office for a permit. If the City Council approves the location, number, and type of trees, Clerk/Treasurer shall issue the permit. PUBLIC GROUND shall mean all streets, avenues, and alleys and their respective rights‑of‑way, as well as property owned by the city such as parks, lots, and parking areas.
(Prior Code, § 307.3)
§ 92.04 TREES AND VEGETATION MENACING PUBLIC SAFETY TO BE REPORTED.
(A) Every property owner whose property abuts on a public street shall notify the city at once when the condition of any tree thereon or in the grass plot adjacent thereto is in such condition as to be a menace to public safety. Any tree shall not overhang closer than 13 feet above the surface of any street, or overhang closer than eight feet above a public sidewalk; all the trees are hereby declared to be a menace to public safety.
(B) Any tree, hedge, shrub, or similar vegetation that impedes the ability of pedestrians to use a public sidewalk is hereby declared to be a menace to public safety. If a tree or other vegetation becomes a menace to public safety, the Council shall notify the owner to remove or trim the same. If the owner fails to do so within 30 days, the Council shall order the required work done. The cost of the removal or trimming shall be assessed against the abutting property.
(Prior Code, § 307.4)
§ 92.05 TREE TOPPING.
It is unlawful for any person or organization to top any tree on any public right-of-way or public property. TOPPING is defined as the cutting of an older branch or stems back to a stub or lateral branch not sufficiently large enough to assume the terminal role within the tree’s crown, to such a degree so as to remove the normal canopy and disfigure the tree.
(Prior Code, § 307.5) Penalty, see § 10.99
SHADE TREE DISEASE AND INSECT CONTROL
§ 92.20 NUISANCE DECLARED.
(A) The prevention, control, and abatement of Dutch elm disease and oak wilt disease and emerald ash borer insect are necessary for protection, preservation, and conservation public and private and lands and the investment and benefit therein, and to protect and promote the general welfare of the public nuisance wherever they exist in the community.
(B) Therefore, the following conditions are hereby found and declared to be a public nuisance wherever they exist in the city:
(1) Any living or dead elm tree or part thereof infected to any degree with the Dutch elm disease, fungus, ceratocystis ulmi (buisman) mureau, or which harbors any of the elm bark beetles, Scolytus multistrialus (bich.), or hylurgopinus rufipes (marsh);
(2) Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or other material from which the bark has not been removed or burned;
(3) Any living or dead oak tree or part thereof infected to any degree with the oak wilt fungus (ceratocytis fagacearum); and
(4) Any living or dead Fraxinus spp. tree or part thereof infected to any degree with the insect emerald ash borer (agrilus planipennix).
(Prior Code, § 308.1)
§ 92.21 PROHIBITION.
No persons shall permit any public nuisance to remain on any premises owned or controlled by the person within the city. The nuisance may be abated in the manner prescribed by this subchapter.
(Prior Code, § 308.2) Penalty, see § 10.99
§ 92.22 CITY COUNCIL RESPONSIBILITY.
The City Council shall administer this subchapter and the employees of the city are authorized, empowered, and directed to take all action and perform all duties prescribed by this section. The City Council and the officers and employees of the city are authorized and empowered to enter upon private premises at reasonable times and reasonable hours for the purpose of taking necessary action and performing the duties assigned to the Board by this subchapter.
(Prior Code, § 308.3)
§ 92.23 INSPECTIONS.
All premises and places within the city shall be inspected as often as practicable to determine whether any condition declared to be a public nuisance exists thereon. All reported incidents of infection by Dutch elm fungus, the presence of elm bark beetles, of infection by the oak wilt fungus, or of emerald ash borer shall be promptly investigated.
(Prior Code, § 308.4)
§ 92.24 ABATEMENT GENERALLY.
(A) Diagnosis. No action to remove, destroy, and dispose or require the removal, destruction, and disposal of elm trees, wood infected with Dutch elm fungus oak trees infected by oak wilt fungus or Fraxinus spp. (ash) trees, or Fraxinus spp. (ash) wood harboring emerald ash borer shall be taken until a reasonably certain diagnosis of the disease has been made. When the reasonably certain diagnosis has been made, the infected tree or wood shall be removed, destroyed, and disposed of in a manner which will effectively destroy and prevent as fully as possible the spread of the Dutch elm or oak wilt disease fungus, or the spread of emerald ash borer populations.
(B) Presence of elm bark beetles or emerald ash borer. When the presence of elm bark beetles has been discovered in or upon any living elm tree but the presence of Dutch elm disease fungus is not then or thereafter diagnosed, the tree shall be treated in a manner which will effectively destroy and prevent as full as possible the spread of the elm bark beetle. When the presence of emerald ash borer has been discovered in or upon a living Fraxinus (ash) tree, the tree shall be treated in a manner which will effectively destroy and prevent as full as possible the spread of the emerald ash borer. If the treatment is not or, because of the extent of infestation cannot be effective, the tree shall be removed, destroyed, and disposed of.
(C) Dead elm or Fraxinus (ash) trees, logs, stumps, and the like. Standing dead elm trees, elm logs, branches, stumps, firewood or other raw material from which the bark has not been removed and which are not infected with Dutch elm disease fungus, shall have the bark removed, destroyed, and disposed of or shall be treated in a manner which will effectively destroy and prevent as fully as possible the spread of the elm bark beetle or the emerald ash borer. If the treatment is not effective, or, because of the extent of infestation, cannot be effective, the trees, logs, branches, stumps, firewood, or other raw elm materials shall be removed, destroyed, and disposed of.
(D) Specifications and procedures. The City Council shall establish specifications and procedures for the removal, destruction, and disposal of trees and wood infected with Dutch elm disease fungus, oak wilt fungus, or emerald ash borer for treating live elm or Fraxinus (ash) trees infested with elm bark beetles or emerald ash borer, and for removing, destroying and disposing of elm or Fraxinus (ash) bark and treating dead elm or Fraxinus (ash) trees, logs, branches, stumps, firewood, and other raw elm material. The specifications and procedures shall be consistent with current specifications and procedures designated or approved by the Commissioner of Agriculture.
(Prior Code, § 308.5)
§ 92.25 ABATEMENT ON PRIVATE OR GOVERNMENT PROPERTY.
(A) Whenever nuisance is found to exist on private property outside any public way in the city, or upon property owned and controlled by a governmental unit other than the city, the owner or person in control of the property shall be notified in writing by registered mail or by personal delivery, that the condition exists. The notice shall also state that if the nuisance is not abated by the owner or person in control of the property within ten days after receipt of the notice, in the manner prescribed by the City Council, the city by and through its City Council may enter upon the premises and abate the nuisance.
(B) If the owner or person in control of any private premises upon which such a nuisance exists does not abate or eliminate the same within ten days after receipt of notification, the City Council, its officers, employees, and agents shall proceed to have the nuisance properly abated or eliminated.
(Prior Code, § 308.6)
§ 92.26 ABATEMENT ON CITY PROPERTY.
Nuisances which exist upon property owned or controlled by the city including public street right-of-way shall be abated or eliminated by the direction of the City Council forthwith in accordance with established specifications and procedures.
(Prior Code, § 308.7)
§ 92.27 COST OF ABATEMENT.
If the City Council orders the removal or abatement of the nuisance, the Board shall report the cost of the removal or abatement to the Council and the expensed thereof, plus an amount determined by the City Council to reimburse the city for its costs of inspection and eradication shall be assessed by the Council upon the lot or lots on which the nuisance was located, notice being first given by publication in the official paper of the time and place the assessment will be made. The assessment procedures shall be as prescribed by M.S. § 429.101, as it may be amended from time to time, and the assessments shall be a lien on the lot or lots and shall be returned with and collected in the same manner as other city taxes.
(Prior Code, § 308.8)
§ 92.28 TRANSPORTING OF ELM OR FRAXINUS (ASH) WOOD.
No persons shall transport within the city any bark bearing elm wood or any Fraxinus (ash) wood without having obtained a permit from the city. The city shall grant the permits only when the purposes of this section shall not be impaired or adversely affected.
(Prior Code, § 308.9) Penalty, see § 10.99
§ 92.29 INTERFERENCE.
No person shall prevent, delay, or interfere with the City Council, the officers, and employees of the city while they are engaged in the performance of duties imposed by this subchapter.
(Prior Code, § 308.10) Penalty, see § 10.99
§ 92.30 VIOLATION.
Failure of any owner or person in control of private property to abate or eliminate on the property a nuisance as defined in § 92.20 of this subchapter shall not constitute a violation of this subchapter.
(Prior Code, § 308.11)
WEEDS AND GRASS
§ 92.45 DEFINITION.
For the purpose of this subchapter, the following definition applies unless the context clearly indicates or requires a different meaning.
WEEDS. This includes not only such noxious weeds as are described in M.S. § 21.72, as it may be amended from time to time but also such useless and troublesome plants as are commonly known as weeds to the general public. The word WEEDS shall also be construed to mean all rank vegetable growth which exhales unpleasant or noxious odors, and also highandrank vegetable growth that may conceal filthy deposits.
(Prior Code, § 309.1)
§ 92.46 DUTY OF PROPERTY OWNER.
(A) Every owner of platted property abutting on any platted public street or alley shall cause the grass and weeds to be cut from the line of the property nearest to the street or alley to the center of the street or alley.
(B) If the grass or weeds in such a place are 12 inches or more in height, it shall be prima facie evidence of a violation of this section.
(Prior Code, § 309.2) Penalty, see § 10.99
§ 92.47 NUISANCE.
Any weed or grass growing upon any lot or parcel of land in the city to a greater height than 12 inches or which have gone, or are about to go to seed, are hereby declared to be a nuisance and dangerous to the health, safety, and good order of the city.
(Prior Code, § 309.3)
§ 92.48 NOTICE OF VIOLATION.
When any conditions exist on any lot or parcel of land in the city violative of the provisions hereof, it shall be the duty of the city to serve a notice, via certified mail, on the owner, occupant, or agent of the lot or parcel of land, ordering the owner or agent to have the weeds or grass cut and removed within seven days after notice, and also stating that in case of non‑compliance, the same will be done by the weed inspector at the owner’s expense.
(Prior Code, § 309.4)
§ 92.49 CITY MAY ORDER WORK DONE.
The city shall cut and destroy all grass and weeds growing within the platted limits of any public street or alley when the same are not cut by the property owners as required. City Clerk/Treasurer shall likewise keep an accurate account of the cost of the cutting opposite each lot and certify the same to the Council to be specially assessed against the abutting property.
(Prior Code, § 309.5)
§ 92.50 CHARGES, COSTS, AND PENALTY.
Upon failure of the owner, occupant, or agent to comply with the provisions of the notice the weed inspector shall proceed to cut and remove the weeds or grass. The city shall determine the cost of remedying the nuisance and charge the owner of the property. The city shall, not later than October 1 of each year, certify to the County Auditor the amount so charged against the premises, lots, or parcels of land, together with a description of the premises and the name of the supposed owner, and the charge shall be collected and collection enforced in the same manner as taxes against the premises. The charge shall be a perpetual lien on the premises until paid, provided further that where no owner, occupant, or agent can be found.
(Prior Code, § 309.6)
§ 92.51 GRASS AND LAWN CLIPPINGS PROHIBITED FROM PUBLIC PAVED SURFACES.
Because of the negative effects that grass and lawn clippings have on water quality (the release of nitrogen in waterways) and the tendency to plug culverts, no person shall cause or allow grass and lawn clippings on the city’s streets, avenues, or other public paved surfaces.
(Prior Code, § 309.7) Penalty, see § 10.99