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Home My WebLink About1973-01 10-26 AP CITY OF BROOKLYN CENTER ORDINANCE NO. 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: THE BROOKLYN CENTER POST Section 1: Chapter 19 of the City Ordinance, ; hereby amended by the .x9diion of ikie following: (A continuation of the Brooklyn Center Press) Section 1. NUISANCE AFFIDAVIT OF PUBLICATION DEFINED. Any y living or scantling elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisnan) Moreau or which harbors any of the elm bark beetles Scolytus Multi -' striatus or Hylurgopinus Rufipes is ' STATE OF MINNESOTA hereby declared to be a public. SS. nuisance. COUNTY OF HENNEPIN Any dead elm tree or part thereof, including logs, branches, stumps, or firewood, is hereby declared to be a Public nuisance. Section 19 -1502. NUISANCE' E. C. L'Herault, being duly sworn, on oath says he is and during all '1c times herein stated has been PROHIBITED. It shall be unlawful for: the President of The Post Publishing Co., publisher and printer of the newspaper known as the owner of any parcel of land in the} THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press) City of Brooklyn Center to permit or and has full knowledge of the facts herein stated as follows: maintain on any such parcel of land or' (1) Said newspaper is printed in the English language in newspaper format and in column and upon abutting street right of way any sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly elm tree or dead elm wood which is a'' and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to public nuisance as defined in Section' news of local interest to the community which it purports to serve and does not wholly duplicate 19 -1501. It shall be the duty of any such? any other publication and is not made up entirely of patents, plate matter and advertisements. (4) owner to promptly abate the nuisance Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 by removing and destroying such elm copies regularly delivered to paying subscribers, has an average of at least 75 C/o of its total circulation tree or dead elm wood in.a manner currently paid or no more than three months in arrears and, has entry as second -class matter in its local authorised by the City Manager or his post - office. (5) Said newspaper purports to serve the duly authorized representative. City of Brooklyn Center Section 19.1503 INSPECTIONS, in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- AUTHORIZED. in order 10 carry out' lished and open during its regular business hcurs for the gathering of news, sale of advertisements and sale of the purposes of this Ordinance and to subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject implement the enforcement thereof,, to his direction and control during all such regular hours and at which time said, newspaper is printed. the City Manager or his duivi (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said authorized representative is hereby newspaper has complied with all the foregoing conditions for at least two years preceding the day or authorized and empowered to enter dates of publication mentioned below. (S) Said newspaper has filed with the Secretary of State of upon any parcel of land fA the City of. Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed Brooklyn Center at act- reasonable by the Secretary of State and signed by the managing officer of said newspaper and sworn to before hours forthe purposeof inspecting any a notary public stating that the newspaper is a legal newspaper. elm trees or dead elm w601111 thereon and removing specimens � } / !7, Therefrom for laboratory analysis. It c c. shall be unlawful for any person to He further states on oath that the / 'nted.4L...G..:: /. ...................k...._..._.. /....�.............. prevent or interfere with "a City /� i f Manager or his duly authorized - v` representative in the perform ,: i.:....'.:...... 4... -:.... `-:.L:. «t:-:..,...:`.k�.F..�' -d t. -�,:. �1lCe ........................ any duties provided for id 4 or• ; ' dinanee. .. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and Section 19.1504. NOTICE Tfl ABATE NUISANCE. If it is determined tN'at a public nuisance exists on a parcel of published therein in the English language, once each week, for.. / .. successive weeks; that it was land or abutting street right of way, the City Manager shall cause to be' served upon the owner of the parcel of first so published on.. /.... :::`.Y` ..:. , t ............. the:::...... day of L.t :." land a written notice requiring such owner to abate the nuisance. Wrfttep� ! +', notiea -shalt be served by, register" a 19.1... and was thereafter printed and published on every .......................... to and including mail, addressed to the owner of the parcel as his last known address. I a is The w owner upon whom such notice ' the .......... day of .......................... 19.... and that the following is a printed copy of the served fails, neglects, or refuses t abate the nuisance within , ten. dayl lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and after mailing such notice, the City Manager or his duly authorized representatives may proceed to abate kind of type used in the composition and publication of said notice, to wit: the nuisance and charge the• cost thereof against the owner to be paid by such owner to the City of Brooklyn abcdefghijklmnopgrstuvwxyz -6 pt, News Text Center. abcdefghijklmnopgrstuvwxyz -6 pt. Vague Section 19 -1505. ASSESSMENT OF UNPAID CHARGES. Each year the City Clerk shall list the total unpaid charges for each nuisance abatement attributable to respective parcels of , land pursuant to the provisions of j Minnesota Statutes Chapter 429. The City Council shall levy such unpaid ........ ..•......••..•...••.••:•••..... .....•.......•••••.•'•••• charges as special assessments . against respective parcels of land, Subscribed and swore to before certifying such special assessments to , �, the County Auditor. The special assessment of such unpaid charges me this P.` .................day of. .= ..:::.:......�.:':...... A.D., 19.f.;:`: shall be in addition to any penalties imposed against the owner of a parcel of land for violation of the provisions of this ordinate. (NOTARIAL SEAL) Notary Public . ........................County, Minnesota My Commission Expires ......... ................19...... No . ................ becnon iv -1506. PENALTIES. Any Affidavit of Publication person, firm, or coporation violating provisions of this ordinance by failing, Or neglecting, 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 - -- -day of ,19-- Mayor ATTEST: Clerk PubBshed III Published in the official newspaper October 26, 1972 THE BROOKLYN CENTER POST Effective Date 5617 Corvallis Ave. N. (Underline indicates new matter) MINNEAPOLIS, MINNESOTA 55429 (Published in the Brooklyn Center Post Oct. 26, 1972.) DATE OF PUBLICATION ATTORNEY FILED THE BROOKLYN CENTER POST lI