CHAPTER 90: MISCELLANEOUS REGULATIONS
Section
90.01 Trimming and care of trees
90.02 Tree diseases
90.03 Weeds and grass
90.04 Apparatus interfering with radio and television reception
§ 90.01 TRIMMING AND CARE OF TREES.
(A) (1) Every owner or occupant of land in the city shall trim all trees standing or growing on the lands or in the boulevards in front thereof, so that no limbs or branches shall extend over the traveled portion of the street at a height less than 13 feet from the street or at a height of less than eight feet from the sidewalk or close enough to any electric light standard so as to interfere with the distribution of the light below and around the light standard, or so that no limbs or branches shall create a dangerous condition.
(2) The owner or occupant of any private property shall remove or cause to be removed any dead trees or dead or broken boughs or branches on a tree standing on the private property and overhanging any public street, road or alley.
(B) (1) The City Street Commission and the City Administrator of Madelia are hereby authorized and empowered to perform the duties required to enforce compliance with the provisions of division (A) above.
(2) When the City Street Commission or the City Administrator shall find it necessary to order the trimming or removal of trees situated upon private property in order that division (A) above may be complied with, he or she shall serve a written order upon the owner or occupant or the person responsible for its existence to correct the condition found to be in violation of division (A) above. The order required herein shall be served pursuant to § 10.12 of this Code.
(C) If any such owner or occupant fails to correct the condition found to be in violation of division (A) above within ten days after receiving notice as provided by division (B) above, then the City Street Commission or City Administrator shall cause those trees to be trimmed, cut or removed. After the work has been completed the City Administrator shall serve a written notice of the expense incurred upon the owner or occupant of the premises involved directing him or her to pay the expense to the City Administrator within ten days after the service of the notice. If the account is not paid within ten days, the City Administrator shall certify the amount thereof to the County Auditor for collection in the same manner as other special assessments of the city, and the same shall be extended by the auditor on the tax roils against the premises involved in the same manner as other taxes and collected by the County Treasurer and paid to the City Treasurer along with other taxes.
(D) Nothing in this chapter shall be interpreted to prohibit the issuance of an administrative fine or citation for any violation herein that may also violate any other provision of this Code.
(Ord. 4.60, passed 8-14-1967)
§ 90.02 TREE DISEASES.
(A) The following are hereby declared to be public nuisances wherever they may be found within the City of Madelia:
(1) Any tree infected with the Dutch elm disease fungus (Ophostoma ulmi, formerly Ceratocystis ulmi), or which harbors any of the elm bark beetles (scolytus multistratus or hylurgopinus rufipes), or any other pest capable of producing an epidemic; and
(2) Any dead tree or part, including logs, branches, stumps, firewood or other material that contains bark; and
(3) Any other dangerous or infectious tree diseases, insects or pests as provided by Minnesota Statute or other applicable law.
(B) No person, firm or corporation shall permit any public nuisances as defined in division (A) above to remain on any premises owned or controlled by him or her within the City of Madelia.
(C) (1) The City Street Commission shall inspect, or cause to be inspected, all premises and places within the City of Madelia to determine whether any public nuisance as defined in division (A) above exists thereon, and shall also inspect any elm tree reported or suspected to be infected with Dutch elm disease or any tree reported or suspected to be infected with any nuisance as provided in division (A).
(2) The City Street Commission, City Administrator or any other authorized city employee shall have the authority to enter upon private premises at all reasonable times for carrying out the provisions of this section.
(D) (1) Whenever the City Street Commission, City Administrator or any other authorized city employee shall find with reasonable certainty any public nuisance as defined in this section, he or she shall cause it to be sprayed, removed, burned or otherwise abated in such manner as to destroy or prevent, as fully as possible, the spread of any nuisance as provided in division (A). Once notified, the City Administrator shall serve a written order upon the owner or occupant of the premises where the public nuisance is found to cause the public nuisance to be sprayed, removed, burned or otherwise abated in such manner as the City Street Commission shall direct. The order shall be served pursuant to the provisions § 10.12 of this Code.
(2) If the owner or occupant fails to comply with the order within ten days after service of notice as provided for herein, then the Street Commission, City Administrator or any other authorized city employee shall forthwith cause the abatement of the public nuisance in accordance with the terms of the order.
(3) If the Street Commission shall find with reasonable certainty any public nuisance as defined in this order and determines that immediate action is necessary to prevent the spread of infection, they shall notify the City Administrator of his or her findings and the City Administrator shall forthwith advise the City Council of those findings by the Street Commission. The City Council shall have authority to authorize the City Administrator to immediately abate the nuisance and do whatever is necessary to prevent the spread of any nuisance defined in § 90.02(A).
(4) No damage shall be awarded the owner or occupant for destruction of any elm tree, elm wood or elm material or any part thereof pursuant to this section.
(E) Whenever the Street Commission, City Administrator or any other authorized city employee shall determine that any elm tree or material is infected with disease nuisance as defined in § 90.02(A), they may cause to be sprayed all high value elms within a 500-foot radius thereof with an effective insecticide. Before spraying on private property, the owner or occupant shall be notified as provided in § 10.12 of this Code.
(F) The entire cost of abating any public nuisance as defined in division (A) above or of spraying any elm tree in accordance with division (D) above may be charged to or assessed against the parcel or lot abutting on the street, alley, boulevard or parkway upon or in which the tree is located or the parcel or lot on which the tree stands. The cost of abating the nuisance which is located in or upon any park or public grounds shall be borne by the city.
(G) No person, firm or corporation shall transport within the City of Madelia any bark bearing elm wood without first securing the written permission of the Street Commissioner or City Administrator.
(H) Any person, firm or corporation which shall violate any of the provisions of this section shall upon conviction thereof, be guilty of a misdemeanor.
(Ord. 4.61, passed 8-14-1967) Penalty, see § 10.99
§ 90.03 WEEDS AND GRASS.
(A) Definition of term. The word WEEDS as used in this section shall be construed to mean and include not only noxious weeds as are enumerated in the Statutes of Minnesota, but also 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 and noxious odors and also high and rank vegetable growth that may conceal filthy deposits.
(B) Weeds declared a nuisance. Any weeds growing upon any lot or parcel of land in the City of Madelia to a greater height than eight 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.
(C) Notice to destroy. When any conditions exist on any lot or parcel of land in the City of Madelia in violation of the provisions of this section, it shall be the duty of the City Council to serve a notice on the owner, occupant or agent of the lot or parcel of land ordering the owner, occupant or agent to have the weeds cut and removed within ten days after the service thereof, and stating that in case of non-compliance the same will be done by the City Council at the owners expense.
(D) Failure to cut weeds. Upon the failure of the owner, occupant or agent of the land to comply with the provisions of the notice and after the expiration of ten days, the City Council will proceed to cause the weeds to be cut and removed and the cost thereof shall be charged to the owner of the lot or parcel of land. The City Administrator shall send a statement of the cost to the owner of the lot or parcel of land and demand payment thereof within 30 days after mailing notice. The City Administrator shall, not later than November 1 of each year, certify to the County Auditor of Watonwan County, Minnesota, the amount so charged against any of the lots or parcels of land and remaining unpaid at the time, together with a description of the premises and the name of the owner, and the charge shall be collected as a special assessment against the lot or parcel of land in the same manner as other taxes against the premises. Where the owner, occupant or agent of any parcel of land cannot be found for mailing notice or when unknown, then the City Council may proceed hereunder without the service of the notice to cut and remove.
(Ord. 21.50, passed 8-1-1955)
§ 90.04 APPARATUS INTERFERING WITH RADIO AND TELEVISION RECEPTION.
(A) Prohibition.
(1) No person shall maintain, use or operate any apparatus or device whether electrical, mechanical or of any other sort so as to cause electro-static or electro-magnetic waves of any frequency to radiate so as to interfere with radio or television reception within this municipality. The above prohibition shall be construed to apply to radio receiving equipment either of the regenerative or of any other type, vibrating battery chargers, sign changers, electric refrigeration machines, electrically-driven oil furnace equipment, high tension ignition systems, electric transmission lines, defective insulators, defective transformers, badly sparking motors, badly sparking generators, carbon filament lamps and fluorescent lamps and transformers, which interfere with radio or television reception, whether on account of the manner of construction or manner of operation of the apparatus.
(2) It shall also be unlawful for any dealer in any of the apparatus or devices herein referred to, to sell, deliver or dispose of, and for any person to install any such apparatus or device, unless the apparatus or device is so equipped or installed that interference with radio or television reception is prevented.
(B) Exceptions. The above prohibition shall not apply to the following situations:
(1) It shall not be unlawful to operate X-ray machines, violet ray machines, diathermal machines, or any other electro-medical devices causing radio or television interference between 7:00 a.m. and 6:00 p.m., provided the interference is reduced as much as is reasonably possible in every available way, and by equipping the devices with filters, condensers, shields and grounds, and any other apparatus tending to reduce interference; and
(2) It shall not be unlawful to operate X-ray machines causing radio or television interference for photographic purposes whenever necessary in an emergency, provided the interference is reduced as much as is reasonably possible as explained in the preceding division.
(C) Application. This section shall be construed to apply not only to apparatus located within the city limits, but also to apparatus located beyond the city limits, if the apparatus interferes with radio or television reception within the city limits.
(Ord. 21.80, passed 8-1-1955) Penalty, see § 10.99
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