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• <br />5 R 4*t Ch,' eri-/ L <br />902. Tree Diseases <br />902.01 Nuisances Declared. The following are declared to be <br />public nuisances whenever and wherever they may be found in the <br />city: <br />(1) Any standing or living tree or part thereof <br />infected to any degree with the Dutch Elm disease <br />fungus Ceratocystis ulmi (Buisman moreau) or which <br />harbors any of the elm bark beetles Scolytus <br />Multistriatus (Eichh) or Hylurgopinus Rufipes <br />(Marsch) . And also, . any dead elm tree or part <br />thereof including logs, branches, stumps, firewood <br />or other elm material from which the bark has not <br />been removed and properly disposed of. <br />(2) (a) Any living or standing <br />in the red oak group <br />scarlet oak, black oak) <br />with the oak wilt <br />fagacearum. <br />tree or part thereof <br />(red oak, pin oak, <br />infected to any degree <br />fungus Ceratocystis <br />(b) Also any living or standing tree in the white <br />oak group (white oak, bur oak, swamp white <br />oak) that poses a threat of transmission of <br />the oak wilt fungus to other trees of the same <br />species through interconnected root systems. <br />902.02 Abatement. It is unlawful for any person to permit <br />a public nuisance as defined in 902.01 to remain on any premises <br />owned or controlled by that person within the city. Such nuisances <br />may be abated in the manner prescribed by this chapter. <br />902.03 Inspection and Investigation. The council may <br />designate a person or persons who shall inspect all premises and <br />places within the city as often as practical or necessary to <br />determine whether any condition described in 902.01 exists thereon. <br />The tree inspector shall investigate all reported incidents of <br />infestation by Oak Wilt fungus or Dutch Elm fungus or Elm Bark <br />beetles. The tree inspector so designated by the council may enter <br />upon private premises at any reasonable time for the purpose of <br />carrying out the duties assigned to him /her under this chapter. <br />That person or persons shall, upon finding conditions indicating <br />Oak Wilt or Dutch Elm infestation, take such steps for diagnosis <br />as may be appropriate including analysis by a qualified laboratory <br />of twig samples from actively wilting branches. Whenever possible, <br />diagnosis shall be based upon accepted field symptoms. <br />902.04 Interference Prohibited. It is unlawful for any <br />person to prevent, delay or interfere with the city forester or <br />his /her agents while they are engaged in the performance of duties <br />imposed by this chapter. <br />902.05 Procedure for Abatement and Removal. Whenever it is <br />found with reasonable certainty that the infestation exists, he /she <br />141 <br />