PROPOSED ORDINANCE NO. ____
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 104 PERTAINING TO TREE MANAGEMENT
The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 104 related to tree management be hereby amended and ordained as follows:
Chapter 104 is hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 104. TREE MANAGEMENT
(Ref. 481, 568, 639, 931, 1214)
104.01. DECLARATION OF POLICY
The City Council of Fridley has determined that trees provide a public benefit including cleaner air, cleaner water, decreased soil erosion, and increased property values. It is further determined that nuisance trees growing upon public and private property impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to maintain a resilient urban forest and this Chapter is enacted for that purpose. (Ref. 481)
104.02. FORESTER POSITION CREATED
The powers and duties of the City Forester as set forth in this Chapter are hereby conferred upon the Director of Public Works and all designated representatives. It is the duty of the Forester to coordinate under the direction and control of the City Manager all activities of the City relating to the management of trees on City property, the control and prevention of tree pests that would threaten the integrity of the City’s urban forest, and the elimination of nuisance trees. The Forester shall recommend to the City Manager the details of the program for the maintenance of a resilient urban forest and perform the duties incident to such a program adopted by the City Council. (Ref. 931)
It is the intention of the Council of Fridley to conduct a Management Program directed at the maintenance of a resilient urban forest. The City shall have the right to plant, prune, maintain, remove and replace all trees, shrubs, and other plantings now or hereafter on properties controlled by the City including in any street, park, boulevard, public right-of-way or easement as may be necessary to ensure public safety or to preserve and enhance the city’s urban forest. The City shall also have the right to require the abatement of any trees on public or private property deemed to be public nuisances as outlined in the Chapter.
104.04. NUISANCES DECLARED
The following are public nuisances whenever they may be found within the City of Fridley:
1. Any diseased or infested tree or part thereof, including logs, branches, stumps, firewood, or other wooden material which has been determined to present a condition which endangers the safety or health of the public or urban forest and has not been abated according to the prescription of the City Forester. (Ref. 931).
2. Any hazardous tree which is determined to have structural defects in the roots, stem, or branches that may cause the tree or part thereof to fail, where such failure may cause personal injury or property damage to a “target”. A "target" includes, but is not limited to, people, vehicles, buildings, and property, etc. Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial in habitat protection.
It is unlawful for any person to allow a public nuisance as defined in Section 104.04 to remain on any premises owned within, or controlled by, the City of Fridley. Such nuisances may be abated in the manner prescribed by this Chapter.
104.06. INVENTORY, INSPECTION AND INVESTIGATION
1. The Forester or an agent thereof may inspect all premises and places within the City as often as deemed appropriate to determine any condition described in Section 104.04 of this Chapter. The Forester shall investigate all reported incidents of nuisance trees. (Ref. 931)
2. The Forester or an agent thereof may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this Chapter.
3. The Forester or an agent thereof shall make a field diagnosis according to generally accepted field diagnosis procedures.
104.07. ABATEMENT OF NUISANCES
In abating the nuisances defined in Section 104.04, the Forester or an agent thereof shall prescribe the nuisance tree or wood to be evaluated, monitored, sprayed, root barriered, removed, burned or otherwise effectively treated so as to eliminate and prevent, as fully as possible, the nuisance. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and procedures.
104.08. PROCEDURES FOR REMOVAL OF INFECTED TREES OR WOODS
When the Forester or designee thereof finds that a public nuisance as defined in Section 104.04 exists in any tree or wood in any public or private place in the City, the Forester shall:
1. On private property, notify the property owner in writing with a Nuisance Tree Abatement Notice. The property owner shall carry out any recommended abatement procedure(s) within thirty (30) days from the date of receipt of the notification unless a written extension is granted by the Forester.
A. If the owner fails to follow the recommendation of the Nuisance Tree Abatement Notice within the designated time period, the Forester shall notify the property owner in writing that the City will contract for the abatement of the public nuisance. The Forester shall then proceed to contract for the abatement procedures as soon as possible and shall report to the City Clerk all costs resulting from the abatement procedures carried out on such private property. The City Clerk shall list all such charges related to the City abatement administrative costs against each separate lot or parcel by September 15th of each year as special assessments to be collected commencing with the following year’s taxes. All assessment related costs shall be added to each assessment. (Ref 1214)
2. In the case of boulevard trees, defined as a tree growing within an improved street or alley right‑of‑way or an easement that has been acquired for an existing improved street or alley, notices will be mailed to the owner of the abutting property as previously described in Section 104.08.1. However, the City shall abate any nuisance boulevard tree at no cost to the property owner. If the property owner desires, the City will replace the tree with a tree on the owner’s property in the vicinity of the removed tree. (Ref. 931)
3. All assessments levied for the repayment of tree disease abatement costs may be repaid over a period designated by the City Council. Such assessments shall be levied in accordance with the assessment procedures established in City Code Chapter 128.
4. If the nuisance tree is located on public land, the Forester shall transmit a similar notification including prescription to the agency responsible for maintenance of said property. Such nuisances on public property shall be abated by the respective agent, according to the prescriptions of the City Forester within thirty (30) days of notification unless a written extension is granted by the Forester.
104.09. PROGRAM RECORDS
The Forester shall keep accurate records of the Tree Management Program including the costs of abatements ordered under this program. The Forester shall report to the Council all work done for which assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amount chargeable to each. (Ref. 931)
104.10. INTERFERENCE PROHIBITED
It is unlawful for any person to prevent, delay or interfere with the Forester or agent thereof while they are engaged in the performance of duties imposed by this Chapter.
104.11. LICENSE REQUIRED
It shall be unlawful for any individual, partnership or corporation to conduct as a business the cutting, trimming, pruning, removing, spraying or otherwise treating of trees, shrubs or vines in the City without first having secured a license from a City to conduct such business.
104.12. LICENSE REQUIREMENTS
Application for a license under this Chapter shall be made at the office of the City Clerk of the City.
2. Application Form.
The application for a license shall be made on a form approved by the City which includes:
Business name and address;
Name and address of applicant;
Business phone number;
Number and type of vehicles;
Type of state licenses and/or certifications applicant or employees have; and
Any other information deemed necessary by the City Clerk for the license.
3. Liability Insurance.
No license or renewal of a license shall be granted, nor shall the same be effective, until the applicant has filed with the City Clerk proof of a general liability insurance policy covering all operations of such applicant under this Chapter for the sum of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate and for at least one hundred thousand dollars ($100,000) against liability for damage or destruction of property. The City shall be named and the insurance provided shall include the City as an additional party insured. Said policy shall provide that it may not be cancelled by the insurer except after ten (10) days written notice to the City, and if such insurance is so cancelled and licensee shall fail to replace the same with another policy conforming to the provisions of this Chapter said license shall be automatically suspended until such insurance shall have been replaced.
4. Worker's Compensation Insurance.
Each license applicant shall file with the City Clerk a Certificate of Insurance of Worker's Compensation when such insurance is required by State Statute.
5. Chemical Treatment Requirements.
Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees, shrubs or vines shall file with the City Clerk proof that the applicant or an employee of the applicant administering such treatment has been certified by the Agronomy Division of the Minnesota Department of Agriculture as a "commercial pesticide applicator". Such certification shall include knowledge of tree disease chemical treatment.
6. Minnesota Tree Care Registry
All applicants must be registered with the Minnesota Department of Agriculture Tree Care Registry.
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
Any violation of this Chapter is a misdemeanor and is subject to penalties provided for such violations under the provisions of Chapter 901 of this Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ____ DAY OF ______ 20.
Scott J. Lund, Mayor
Debra A. Skogen, City Clerk
First Reading: April 23, 2018
Second Reading: November 26, 2018