Enterprise Dispatch Legal Notices
New public notices published in the issue of June 29, 2015
The following City Code sections have been amended and adopted by the Dassel City Council on June 15, 2015:
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal Kingdom. Animals shall be classified as follows:
(2) FARM ANIMALS. Those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, farm animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese, guinea fowl), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable.
OWNER. Any person or persons, firm, association or corporation owning, keeping, or harboring an animal.
Except as provided in § 94.04A hereafter, farm animals shall only be kept in an agricultural district of the city, or on a residential lot of at least ten acres in size provided that no animal shelter shall be within 300 feet of an adjoining piece of property. A further exception shall be made to this section for those animals brought into the city as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition.
The keeping or maintaining of chickens within the city of Dassel in a non-agricultural district on a residential city parcel of less than ten (10) acres shall be allowed, subject to the following terms, limitations, and conditions, and only after obtaining a Chicken Maintenance Permit from the City of Dassel.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1. Parcel. A parcel designated by the Meeker County assessor on the current Zoning Map of the City of Dassel.
2. Chicken Coop. A fixed, accessory structure enclosed on all sides and with a roof and side access opening, designed for housing of chickens. The term chicken coop does not include any portion of a dwelling, garage, porch, or utility shed.
3. Dwelling. A building, or portion thereof, designed or used predominantly for residential occupancy.
4. Portable Chicken Coop. A chicken coop as defined above but capable of being easily moved from one location to another on the parcel.
5. Chicken Run. A fenced or woven wire area fully enclosed on all sides where chickens can move freely on the natural ground surface.
(B) General Terms and Conditions The following terms, limitations, and conditions apply to the keeping and maintenance of chickens on residential parcels within the city:
1. Keeping of chickens on an unimproved parcel is prohibited.
2. The residential parcel must be of a size and configuration to allow full compliance with all of the terms, limitations, and conditions noted hereafter.
3. No more than five chickens may be maintained on a residential city parcel of less than one (1) acre in size. For city parcels of one (1) acre or more, up to five (5) additional chickens may be maintained on the parcel. Two or more contiguous or non-contiguous parcels may not be combined for the purpose of complying with this condition. Under no circumstances shall the total number of chickens on a residential city parcel exceed ten (10).
4. Chickens shall not be kept in a dwelling or garage, nor in a porch, patio, or similar extension of a dwelling.
5. No roosters or adult male chickens shall be maintained on a city parcel. In the case of a delayed discovery that a chicken is a rooster or adult male, the chicken shall be removed from the parcel within seven (7) days of discovery.
(C) Chicken Confinement. Every person who owns, controls, keeps, or maintains chickens on a residential city parcel in accordance with this section shall keep the chickens confined on the parcel at all times in a fixed or portable chicken coop with an associated chicken run. The chicken coop and chicken run shall comply with the following conditions:
1. The coop shall provide a minimum surface area of two (2) feet by three (3) feet for the first two chickens. If more than two chickens are kept, a minimum of three (3) additional square feet of surface area is required for each chicken in excess of two (2).
2. The chicken run shall provide a minimum surface area three (3) times the surface area of the chicken coop. The vertical fencing or other woven wire containment material shall not exceed six (6) feet in height.
3. The fixed or portable chicken coop and the chicken run shall be constructed and located consistent with the definition of an accessory building and zoning codes of Chapter 153 of the Dassel Code of Ordinances. They shall not be located in the front or street side of the lot.
4. Chicken coops, chicken runs, and portable chicken coops shall, at all times, be maintained a minimum of fifteen (15) feet from permit holder’s dwelling, forty (40) feet from adjacent dwellings, and ten (10) feet from lot lines which shall be measured from the closest point of the chicken coop/run and closest point of each dwelling.
(D) Sanitation Requirements The following procedures shall be followed to minimize the potential of odors and other unsanitary conditions:
1. Chickens shall be maintained in a healthy and sanitary condition. Any sick, diseased, or dead chickens shall be removed from the parcel within twenty-four (24) hours of discovery and promptly disposed of in accordance with Minnesota law.
2. Chicken grains and feed shall be stored in rodent and pest proof containers or in areas not accessible to rodents and pests.
3. Chicken manure shall not be allowed to accumulate in such a way as to cause unsanitary conditions or odors. All waste shall be collected and removed weekly or used as fertilizer and regularly incorporated into the soil. Any temporary storing of manure shall be in a weather and pest proof container. Disposal of chicken manure at the City Compost Site or in the City storm or sanitary sewer systems is not permitted.
(E) Certain Activities Prohibited Activities involving the slaughter of chickens on site, the raising of chickens for breeding purposes, and the raising or possessing of chickens for organizing or conducting activities in which it is reasonably foreseeable that the chickens may be injured, maimed, mutilated, or killed, are strictly prohibited (see also Minn. Stat. § 343.31).
(F) Application for and Issuance of a Chicken Maintenance Permit Any person desiring to keep and maintain chickens under this section shall first obtain a Chicken Maintenance Permit from the City of Dassel. The applicant for the permit shall live on the parcel, have an ownership interest in the parcel for which the permit is sought, or have a possessory interest as a renter or otherwise. If the applicant is not the owner of the parcel, the owner shall join in the application as a co-applicant.
1. The individual applicant(s) represent, act on behalf of, and bind all occupants of the parcel except those other occupants residing in a multifamily dwelling who do not share possessory interest with the applicant. The applicant(s) are responsible for assuring compliance with the terms and limitations of this section.
2. The City of Dassel shall create a written application form that seeks information relevant to this section including the number of chickens that will be maintained on the parcel and the method for handling and disposal of chicken manure and waste.
3. The initial permit shall be for a period of one (1) year from the date of issuance, subject to renewal for subsequent one (1) year periods. Permits may be denied or revoked if the applicant has failed to comply with the terms of this section.
4. Only one permit per dwelling may be issued.
5. Applicant shall pay the annual fee for the initial permit and annual fee for renewal of the permit as set forth in the fee schedule, § 36.01.
6. The applicant shall verify that he/she has read and is familiar with the terms and limitations of this section, and agrees to comply therewith.
7. Permits are non-transferable and do not run with the parcel.
8. The permit is a limited privilege, and is subject to denial or revocation for failure or inability to comply with this ordinance or with state or federal law or regulations, or for other reasons in the best interest of the City. The issuance of the permit does not create a vested zoning right in any person or in the property.
9. Any one denied a permit or renewal thereof, or whose permit is revoked, may file with the City Clerk a written request for a hearing before the City Council on the denial or revocation. The City Council shall hold a hearing within thirty (30) days of filing the request.
(G) Notification to Adjoining Property Owners Whenever the city issues a Chicken Maintenance Permit, it shall provide written notification to all owners and occupants of adjacent lots within fifty (50) feet of the proposed location of the chicken coop or chicken run.
§ 94.99 PENALTY
(A) Separate offenses. Each day a violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable under this section.
(B) Misdemeanor. Unless otherwise provided, violation of this chapter shall constitute a misdemeanor punishable as provided in § 10.99.
(C) Petty misdemeanor. Violations of §§ 94.02, 94.04A, 94.07, 94.13 and 94.14 are petty misdemeanors punishable as provided in § 10.99
(B) Any person, firm or corporation who violates any provision of this code, including Minnesota Statutes specifically adopted by reference, which is designate to be a petty misdemeanor shall, upon conviction be guilty of a petty misdemeanor. The penalty which may be imposed for any petty offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300.
(C) In either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
Terri Boese, City Clerk/Treasurer
City of Dassel
Published in the Enterprise Dispatch June 29, 2015.
The following City Code sections have been amended and adopted by the Dassel City Council on June 15, 2015:
(A) All property owners within the city shall trim or maintain the trees in the boulevard adjoining their property. No variety of trees other than varieties specifically approved by the Public Works Director may be planted in any such boulevard. Location of boulevard trees shall be approved by the Public Works Director.
(B) Each property owner abutting boulevards on which trees are planted shall keep them properly trimmed and maintained and shall remove therefrom all dead limbs. Any person failing to keep the boulevard trees properly trimmed shall be given ten days notice to do so by the Public Works Director, and if after the ten day period the property owner fails to do so, the city, under the direction of the Public Works Director, shall cause the trees to be trimmed and record kept of the expense thereof.
(C) In any instance where the city has incurred expenses in the trimming of the trees for the safety and welfare of the public, an assessment shall be placed against the property abutting the boulevard to cover the cost thereof. (’74 Code, Chapter 12.02) (Am. Ord.--, passed 1-21-03)
The Council may by ordinance declare any animal, insect, fungus, or other plant pathogen threatening to cause significant damage or disease to shade trees within the city to be a shade tree pest and a public nuisance. The Council may prescribe and enforce measures intended to control, manage, and/or eradicate shade tree pest public nuisances.
(A) Purpose and Intent. The City Council has determined that the health of elm, oak, and ash trees within the municipal limits is threatened by diseases, commonly referred to as Dutch elm disease, oak wilt disease, and Emerald Ash Borer disease (EAB). These diseases are caused by non-native tree pests, insects, and fungus that attack and kill these trees. The potential exists that additional tree pests fatal to trees may be identified in the future. The City Council has further determined that the loss of elm, oak, and ash trees, as well as the potential loss by disease of other native trees growing upon public and private property, would substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public. In addition to and in accordance with Minn. Stat. § § 89.001, 89.01, and 89.51 - .64, the city ordinance sections 91.02 through 91.13 of this subchapter are adopted in an effort to control and prevent the spread of these shade tree diseases. These sections are collectively referred to as the Tree Disease Abatement Plan.
(B) Disclaimer of Liability. This subchapter sets forth a plan for attempting to control and prevent the advancement of tree diseases. Nothing in this ordinance or within the Emerald Ash Borer Management Plan adopted by the City Council shall be deemed to impose any liability upon the city, its officers or employees.
(A) Shade tree pests and conditions constituting public nuisance. The following shade tree pests, diseases, and conditions are declared to be a shade tree pest public nuisance whenever found within the city, for which the Council may prescribe and enforce measures for control, management, and/or eradication:
(1) Any living or standing elm tree or parts thereof infected to any degree with the Dutch Elm disease fungus or which harbors any of the elm bark beetles or other tree pests fatal to the elm tree;
(2) Any dead elm tree or parts thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide;
(3) Any living or standing oak tree or parts thereof infected to any degree with the Oak Wilt fungus or other tree pests fatal to the oak tree;
(4) Any dead oak tree or parts thereof, which in the opinion of the city tree forester constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide;
(5) Any living or standing ash tree or parts thereof infected to any degree with Emerald Ash Borer or which harbors any of the emerald ash borer other tree pests fatal to the ash tree;
(6) Any dead ash tree or parts thereof, including branches, stumps, firewood or other ash material from which the bark has not been removed and burned or sprayed with an effective emerald ash borer insecticide;
(7) Any other diseased or dead shade tree with epidemic disease potential, or any tree that creates an imminent danger of injury or damage to person or property.
(B) Shade tree pest nuisances are unlawful. It is unlawful for any person to knowingly allow any shade tree pest conditions as defined in § 91.04
(A) to remain on any property the person owns or controls within the city.
(A) Appointment. The City Council may appoint an arborist or other qualified person to act as forester for the City. The forester must be certified under M.S. § 89.63, as amended form time to time.
(B) Duties. It is the duty of the forester, acting under the direction and control of the Council, to coordinate and oversee activities under, and enforcement of this Tree Disease Abatement Plan.
(A) Inspection and application of control measurers
(1) The city forester shall investigate all reported incidents of infection or disease by Dutch elm fungus, elm bark beetle, oak wilt fungus, Emerald Ash Borer, or any other tree pest or disease declared as such by the Minnesota Department of Agriculture.
(2) The city forester is authorized to and shall inspect all premises and places within the city to determine whether any condition described in §91.04 (A) exists. This inspection shall be performed in accordance with the Minnesota Department of Agriculture rules and regulations AGR 106, but without restriction on the number of inspections that may be necessary.
(3) The city forester shall inspect to assure that all wood stored on private or public property within the city is not stored in violation of §91.04.
(B) Entry on private premises. The city forester, or his or her duly authorized agents, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned the forester under this Tree Disease Abatement Plan. The term “private premises” means yards or property, but does not include the interior of the dwelling.
(C) Diagnosis of diseased trees. Identification of diseased trees shall be performed by visual inspection, branch removal, bark shaving, and by tests as may be recommended by the commissioner of the Minnesota Department of Agriculture or the commissioner of the Minnesota Department of Natural Resources, or other reliable means.
(A) Determination of tree disease and abatement action. Whenever the city forester determines with reasonable certainty that a public nuisance described in § 91.04 (A) exists, the forester shall proceed as follows:
(1) The city forester shall notify in writing the owner of record of the subject property, and the occupant of the subject property if different from the owner, that a public nuisance exists on the property and direct that the nuisance be abated within a specified time from the date of mailing the notice. The written notice of abatement may be given in person or by mail. A copy of the notice shall be filed with the city clerk-treasurer.
(2) The notice of abatement shall state that unless the public nuisance is abated by the owner or occupant, it will be abated by the city at the expense of the owner. The notice shall specify the control measures to be taken to abate the nuisance, and provide a reasonable amount of time to abate the nuisance. The notice shall also state that the owner or occupant of the subject property has the right to appeal the determination that a public nuisance exists by submitting an appeal in writing to the city clerk-treasurer within ten (10) business days after service of the notice, or before the date by which abatement must be completed, whichever comes first.
(3) If no timely appeal is pursued in accordance with § 91.08, and if the control measures prescribed in the notice of abatement are not completed within the time provided in the notice of abatement or any additional time granted by the city forester, the city forester or designated person shall seek permission from the property owner, or alternatively may seek an administrative search warrant, to enter the property and carry out abatement in accordance with the notice of abatement. In carrying out the abatement, the city forester may utilize any person, firm, or corporation registered with the Minnesota Commissioner of Agriculture under M. S. § 18G.07 to abate the nuisance. The city forester shall report the action to the city clerk-treasurer.
(4) The city forester shall assure that the removed tree or wood is effectively treated or destroyed to prevent as fully as possible the spread of the diseases. These abatement procedures shall be carried out in accordance with prescribed methods approved by the Commissioner of Agriculture.
(B) Keeping of records. The city forester shall keep records of trees removed and the cost of all abatements done under this section and shall report monthly to the city clerk-treasurer all work done for which billings and assessments are to be made, including the description of the parcels involved and the amounts chargeable to each. The city clerk-treasurer may bill the owner of the private property for costs incurred in abating the public nuisance.
(C) Liability of property owner. The owner of the subject property on which a nuisance has been abated by the city shall be liable to the city for the cost of the abatement, including administrative costs. After notice and hearing as provided in M. S. § 429.061, the city clerk-treasure shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable. The Council may then certify the charges against the property to the county auditor to be assessed under M. S. § 429.101 for collection along with current taxes the following year or in annual installments as the City Council may determine in each case.
If the city clerk-treasurer receives a timely written request for a hearing on the question of whether a public nuisance exists, the date for completing the abatement is suspended pending a City Council decision on the appeal. The City Council shall hold a hearing within seven (7) business days following receipt by the clerk of the written request. At least three (3) business days notice of the hearing shall be given to the individual who made the written request for the hearing. Each owner, agent of the owner, occupant, and lien holder of the subject property or properties in attendance, if any, shall be given the opportunity to present evidence at the hearing. After holding the hearing, the City Council may void the notice of abatement, order that the abatement proceed and set a date for completion of the abatement, or otherwise modify the terms of the ordered abatement.
It is unlawful for any person to transport into or within the city any bark-bearing elm, ash, or oak wood without having obtained written permission from the tree inspector, except when transporting to a designated disposal site. The tree inspector shall grant the permission only in conformity with the state approved removal and wood disposal practices.
It is unlawful for any person to prevent, delay or interfere with the tree inspector or its agents while engaged in the performance of duties imposed by this Tree Disease Abatement Plan.
§91.11 PENALTY
(A) Misdemeanor. Violation of § 91.04 (B) or § 91.09 constitute a misdemeanor punishable as provided in §10.99
(B) Petty misdemeanor. Violation of §91.10 is a petty misdemeanors punishable as provided in § 10.99.
Due to the potential threat of the tree diseases referenced in § 91.04 (A), the city may begin preemptive removal of declining trees on public property, even when the potential disease has not been identified.
In furtherance of efforts to control and potentially eliminate the detrimental effects of non-native invasive tree pests within the City of Dassel, the City Council in consultation with the city forester shall adopt and implement an Emerald Ash Borer Management Plan. This plan is intended to provide information on the detrimental effects of EAB, identification and control of the disease, preventive measures for minimizing infestation of the disease, and recommendations for reforestation of property within the city.
Terri Boese, City Clerk/Treasurer
City of Dassel
Published in the Enterprise Dispatch June 29, 2015.