HomeMy WebLinkAbout1973-01 01-22 CCO CITY OF BROOKLYN CENTER
ORDINANCE NO. 73 -1
AN ORDINANCE RELATIVE TO THE DETECTION AND CONTROL
OF DUTCH ELM DISEASE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1: Chapter 19 of the City Ordinances is hereby amended by the
addition of the following:
Section 19 -1501. NUISANCE DEFINED. Any living or standing elm tree or
part thereof infected to any decree with the Dutch. Elm disease fungus Ceratocvstis
Ulmi (Buisnan) Moreau or which harbors any of the elm bark beetles Scolvtus Multi -
striatus or Hvlurqopinus Rufipes is hereby declared to be a public nuisance.
Any dead elm tree or part thereof, includinq loa s , branches, stumps, or
firewood, is hereby declared to be a public nuisance.
Section 19 -1502. NUISANCE PROHIBITED. It shall be unlawful for the
owner of any parcel of land in the City of Brooklyn Center to permit or maintain on
any such parcel of land or upon abuttina street riaht- of-wav any elm tree or dead elm
wood which is a public nuisance as defined in Section 19 -1501. It shall be the duty
• of any such owner to promptly abate the nuisance by removinq and destroying such
elm tree or dead elm wood in a manner authorized by the City Manager or his duly
authorized representative.
Section 19 -1503. INSPECTIONS AUTHORIZED. In order to carry out the
purposes of this ordinance and to implement the enforcement thereof, the City Manager
or his duly authorized representative is hereby authorized and empowered to enter upon
any parcel of land in the City of Brooklyn Center at all reasonable hours for the purpose
of inspecting any elm trees or dead elm wood situated thereon and removing specimens
therefrom for laboratory analysis. It shall be unlawful for any person to prevent or
interfere with the City Manager or his duly authorized representative in the performance
of any duties provided for in this ordinance.
Section 19 -1504. NOTICE TO ABATE NUISANCE. If it is determined that
a public nuisance exists on a parcel of land or abuttina street riaht -of -vav, , the City
Manager shall cause to be served upon the owner of the parcel of land a written notice
requirinq such owner to abate the nuisance. Written notice shall be served by reg-
istered mail, addressed to the owner of the parcel at his last known address. If the
owner upon whom such notice is served fails, nealects, or refuses to abate the
nuisance within ten days after mailing such notice, the City Manager or his duly
authorized representatives may proceed to abate the nuisance and charge the cost
thereof against the owner to be paid by such owner to the City of Brooklyn Center.
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ORDINANCE NO.
Section 19 -1505. ASSESSMENT OF UNPAID CHARGES. Each year the City
Clerk shall list the total unpaid charaes for each nuisance abatement attributable
to respective parcels of land pursuant to the provisions of Minnesota Statutes
Chapter 429. The City Council shall levy such unpaid charges as special
assessments against respective parcels of land, certifvina such special assess-
ments to the County Auditor. The special assessment of such unpaid charges
shall be in addition to any penalties imposed against the owner of a parcel
of land for violation of the provisions of this ordinance.
Section 19 -1506. PENALTIES. Any person, firm, or corporation violating
provisions of this ordinance by failing, nealectina, or refusing to comply with the
provisions thereof, shall, upon conviction thereof, be punished by a fine not to
exceed three hundred dollars ($300) and by imprisonment not to exceed ninety (90)
days.
Section 2: This ordinance shall become effective after adoption and
thirty (30) days following its legal publication.
Adopted this 22nd day of January 19 73 .
•
Mayor
k
ATTEST:
Clerk
Published in the official newspaper October 26, 1972
Effective Date January 22, 1973
(Underline indicates new matter)
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