12/16/2009 Env Bd Packet - Laserfiche WebLink

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• • ENVIRONMENTAL BOARD MEETING NOVEMBER 18, 2009 symptoms as listed herein; basal sprouting, bark fissures, woodpecker damage (holes), one - eighth inch (1/8 ") D shaped holes, presence of larvae or the adult emerald ash borer (agrilusplanipennis Fairmarie), bark falling off exposing S shaped galleries. § 902.02 ABATEMENT. (1) It is unlawful for any person to permit a public nuisance as defined in § 902.01 to remain on any premises owned or controlled by that person within the city.(2) The nuisances may be abated in the manner prescribed by this chapter. (Prior Code, § 902.02) § 902.03 INSPECTION AND INVESTIGATION. The Council may designate a person or persons who shall inspect all premises and places within the city as often as practical or necessary to determine whether any condition described in § 902.01 exists thereon. The tree inspector shall investigate all reported incidents of infestation by oak wilt fungus or Dutch Elm fungus or elm bark beetles or Emerald Ash Borer. The tree inspector so designated by the Council may enter upon private premises at any reasonable time for the purpose of carrying out the duties assigned to him or her under this chapter. That person or persons shall, upon finding conditions indicating oak wilt, Dutch Elm infestation or Emerald Ash Borer, take steps for diagnosis as may be appropriate, including analysis by a qualified laboratory of twig samples from actively wilting branches. Whenever possible, diagnosis shall be based upon accepted field symptoms. (Prior Code, § 902.03) § 902.04 INTERFERENCE PROHIBITED. It is unlawful for any person to prevent, delay or interfere with the city forester or his or her agents while they are engaged in the performance of duties imposed by this chapter. (Prior Code, § 902.04) § 902.05 PROCEDURE FOR ABATEMENT AND REMOVAL. (1) Whenever it is found with reasonable certainty that the infestation exists, he or she shall proceed as follows. If the tree inspector finds that the danger of infestation of other oak, elm or ash trees is imminent, he or she shall notify the owner of the property on which the nuisance is found by certified mail addressed to the owner at his or her last known address that the nuisance must be abated within a time specified in the notice, but in no event later than April 15 of the following year. The tree inspector shall immediately report the action to the Council and after the expiration of the time limited by the notice, the tree DRAFT MINUTES 3