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Home My Public Portal About152 Affidavit of PublicationSUN NEWSPAPERS AFFIDAVIT OF PUBLICATION LAKE MINNETONKA SUN 348-2nd Street Excelsior, Minnesota State of Minnesota County of Hennepin SS. J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known at The Lake Minnetonka Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 50G copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve Carver County and the Cities of Excelsior, Deephaven, Shorewood, Greenwood, Woodland, Mound, Spring Park, Minnetonka Beach, Wayzata, Long Lake, Orono, Plymouth and that portion of Minnetonka serving School District No. 276 in the County of Hennepin and it has its known office of issue in the Village of Excelsior in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscription and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Ordinance No. 12 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; that it was first so published on Thurs the 26 day of September 19 74 and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: a bcdefgh ij kl mn opgrst uvwxyz Subscribed and sworn to before me this 26 (Notarial Seal) Murie L. Quist, Notary Pu. ' c, Hennepin County, Minn. My Commission Expires July 28th, 1978 day of September 1s 71. Section 550:40 Interference Prohi- bited. It shall be unlawful for any person to prevent or interfere with the tree inspector or his duly au- thorized representatives in the per- formance of any duties provided for in this section. Section 550:45 Penalties. Any vio- lation of this section shall be punish- able by a fine not to exceed three hundred dollars ($3001 and by im- prisonment not to exceed ninety (90 days. This ordinance shall become effec- tive upon publication. Adopted this 3rd day of September. 1974. WAYNE NEDDERMEYER Mayor ATTEST: DONNA ROEHL Clerk (Sept. 26, 1974 (—LAKE (Official Publication) ORDINANCE NO. 152 AN ORDINANCE RELATIVE TO TREES AND TREE DISEASE The City Council of the City of Medina does hereby amend Chapter V of the 1965 Code of Ordinances by adding a section as follows: Section 550 - Tree Disease Section 550:00 Declaration of Pol- icy. It is the purpose of this section to carry out Minnesota Statutes Chap- ter 18.023 and Regulations. Chapter 4. AGR 101-120 of the Minnesota De- partment of Agriculture. adopted pursuant thereto, in order to control diseases which threaten trees that contribute to the health and welfare of the community. Section 550:05 Definitions. As used herein, the following terms shall have the meaning ascribed to them by this section. a "Tree disease" shall mean Dutch Elm disease caused by Ceratocystis ulmi and oak wilt dis- ease caused by Ceratocystis fagacearum. (bl "Disease control area" shall mean an area designated by resolu- tion of the City Council and approved by the Minnesota Department of Ag- riculture for intensive surveillance of the tree disease. c "Tree inspector" shall mean a person appointed annually by the City Council and approved by the Minnesota Department of Agricul- ture to be the primary enforcement agent of this section. I d I "Public nuisance" shall mean. for purposes of this ordinance. any living or standing tree or part thereof infected to any degree by tree dis- ease. or any dead elm or oak tree or part thereof. including logs, branches, stumps. or firewood. Section 550:10 Public Nuisances Prohibited. It shall be unlawful for the owner of any parcel of land to permit or maintain on any such par- cel of land or upon abutting street right of way any public nuisance as defined by Section 550:05. It shall be the duty of any such owner to abate promptly the nuisance in a manner authorized by this section. Section 550:15 Notice to Abate Nuisance. If the tree inspector de- termines that a public nuisance as defined by Section 550:05 exists on a parcel of land or abutting street right of way, he shall cause to be served upon the owner of the parcel a written notice requiring the owner of said parcel to abate the nuisance. Written notice shall be served personally or be registered mail addressed to the owner of the parcel at his last known address. If the owner upon whom such notice is served fails. neglects, or refuses to abate the nuisance within ten (10 i days after the mailing of such notice or serving of such notice. the tree inspector or his duly authorized representatives may pro- ceed to abate the nuisance and charge the cost thereof against the owner of the property. Section 550:20 Appeal from Deter- mination. Except in cases where dis- ease is diagnosed by laboratory test- ing. a property owner may appeal to the City Council the determination of the tree inspector that a public nuis- ance exists. Such appeal must be filed in writing with the tree inspec- tor within ten 110 1 days of the mailing or serving of notice of a public nuis- ance. If an appeal is filed. the tree inspector shall not inforce abatement until his determination is affirmed by the City Council. Section 559:25 Abatement. Abatement of a public nuisance as defined by ..Section 550.05 shall be achieved by the following methods: i a Destruction of diseased trees by removal to a chipping station: removal and destruction of all bark: or burning pursuant to Or- dinance No. 140. in which case the tree inspector rather than the fire chief shall issue the burning permit. No trees, logs or parts thereof shall be buried within the City of Medina, except in a licensed sanitary landfill. b Debarking of elm tree stumps to the ground line. is i Root graft control according to University of Minnesota Ex= tension Folder 211. Revised. 1974, "The Dutch Elm Disease." or Plant Pathology Fact Sheet No. 5, Revised, 1973. "Oak Wilt and Its Control." d Girdling diseased oak trees as soon as possible. and avoiding pnming or other damage to oak trees during the months of May and June Section 550:30.Assessment of Un- paid Charges. Each year the city clerk shall list the total unpaid charges for each i:uisdi1ce abate- ment attributable to respective par- cels of land pursuant to the provi- sions of Minnesota Statutes Chapter 429. The City Council shall levy such unpaid charges as special assess- ments against the respective parcels of land, certifying such special as- sessments 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 section. Section 550:35 Inspections Au- thorized. Ineorder to carry out the