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ENVIRONMENTAL BOARD MEETING NOVEMBER 18, 2009 <br />DRAFT MINUTES 2 <br />SECTION <br /> <br />902.01 Nuisances declared <br />902.02 Abatement <br />902.03 Inspection and investigation <br />902.04 Interference prohibited <br />902.05 Procedure for abatement and removal <br />902.06 Transporting elm and oak wood prohibited <br />902.07 Penalty <br /> <br />§ 902.01 NUISANCES DECLARED. <br /> <br />The following are declared to be public nuisances whenever and wherever they <br />may be found in the city. <br /> <br />(1) Dutch Elm Disease: <br /> <br />Any standing or living tree or part thereof infected to any degree with the Dutch <br />Elm disease fungus Ceratocystis ulmi (Buisman moreau) or which harbors any of <br />the elm bark beetles Scolytus Multistriatus (Eichh) or Hylurgopinus Rufipes <br />(Marsch). And also, any dead elm tree or part thereof including logs, branches, <br />stumps, firewood or other elm material from which the bark has not been removed <br />and properly disposed of. <br /> <br />(2) Oak Wilt: <br /> <br />(a) Any living or standing tree or part thereof in the red oak group (red oak, pin <br />oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus <br />Ceratocystis fagacearum. <br /> <br />(b) Also any living or standing tree in the white oak group (white oak, bur oak, <br />swamp white oak) that poses a threat of transmission of the oak wilt fungus to <br />other trees of the same species through interconnected root systems. <br />(Prior Code, § 902.01) <br /> <br /> (3) Emerald Ash Borer (EAB): <br /> <br />Infested Trees: All species and varieties of ash trees (trees of genus Fraxinus) <br />infested with the emerald ash borer (agrilusplanipennis Fairmarie), and all species <br />and varieties of ash trees that are dead or substantially dead, and all dead ashwood <br />to which the bark is still attached which because of their condition, may serve as a <br />breeding place for the emerald ash borer (agrilusplanipennis Fairmarie), are <br />hereby declared to be public nuisances and furthermore all ash trees are hereby <br />declared to be public nuisances as determined by two (2) or more visual <br />symptoms as listed herein; basal sprouting, bark fissures, woodpecker damage <br />(holes), one-eighth inch (1/8”) D shaped holes, presence of larvae or the adult