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<br />Ordinance 866
<br />Page 2
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<br />1701.030. INSPECTIONS. All premises and places within the city shall be inspected as
<br />often as practical to determine whether any condition declared in section 1701.010 to be a public
<br />nuisance exists thereon. All hazardous trees or dead standing trees creating a current public danger,
<br />and trees infected by Dutch elm fungus, the presence of elm bark beetles, infected by the oak wilt
<br />fungus or the Emerald Ash Borer, or infected by any other fungus or insect shall be promptly
<br />investigated.
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<br />1701.040. GENERAL ABATEMENT
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<br />(1) Diagnosis. No action to remove, destroy and dispose or require the removal, destruction
<br />and disposal of elm trees, wood infected with Dutch elm disease, oak trees infected by oak wilt
<br />fungus, or ash trees infected by Emerald Ash Borer shall be taken until a reasonably certain
<br />diagnosis of the disease or infestation has been made. When such reasonably certain diagnosis has
<br />been made, the infected or infested tree or wood shall be removed, destroyed and disposed of in a
<br />manner which will effectively destroy and prevent as fully as possible the spread of the Dutch elm,
<br />oak wilt disease, and Emerald Ash Borer.
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<br />(2) Presence of elm bark beetles or emerald ash borer. When the presence of elm bark
<br />beetles has been discovered in or upon any living elm tree but the presence of Dutch elm disease
<br />fungus is not then or thereafter diagnosed, the tree shall be mitigated in a manner which will
<br />effectively destroy and prevent as full as possible the spread of the elm bark beetle. When the
<br />presence of emerald ash borer has been discovered in or upon an ash tree that constitutes a current
<br />public danger, the tree shall be mitigated in a manner which will effectively destroy and prevent
<br />as full as possible the spread of the emerald ash borer. If such mitigation is not or, because of the
<br />extent of infestation, cannot be effective, the tree shall be removed, destroyed and disposed of.
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<br />(3) Dead elm, oak, or Fraxinus spp. (ash) trees, logs, stumps, etc. Standing dead elm trees,
<br />elm logs, branches, stumps, firewood or other raw material from which the bark has not been
<br />removed and which are not infected with Dutch elm disease fungus shall have the bark removed,
<br />destroyed and disposed of or shall be treated in a manner which will effectively destroy and prevent
<br />as fully as possible the spread of the elm bark beetle, Dutch elm disease, oak wilt, or the emerald
<br />ash borer. If such mitigation is not effective or, because of the extent of infestation, cannot be
<br />effective, the trees, logs, branches, stumps, firewood or other raw elm material shall be removed,
<br />destroyed and disposed of.
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<br />(4) Specifications and procedures. The City Administrator shall establish specifications
<br />and procedures for the removal, destruction and disposal of trees and wood infected with Dutch
<br />elm disease fungus, oak wilt fungus or emerald ash borer for treating live elm or Fraxinus (ash)
<br />trees infested with elm bark beetles or emerald ash borer, and for removing, destroying and
<br />disposing of elm or Fraxinus (ash) bark and treating dead elm or Fraxinus (ash) trees, logs,
<br />branches, stumps, firewood and other raw elm material. Such specifications and procedures shall
<br />be consistent with current specifications and procedures designated or approved by the
<br />commissioner of agriculture and shall be provided at time of notification as defined in section
<br />1701.050.
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