1987-018 Council Ordinances - Laserfiche WebLink

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• 902. TREE DISEASES 902.01 Nuisances Declared. The following are declared to be public nuisances whenever and wherever they may be found in the City: (1) Any standing or living tree of part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis ulmi (Buisman) moreau, or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh) or Hylurgopinus rufipes (Marsch). (2) Any living or standing tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum. (3) Any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and disposed of. 902.02 Abatement. 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 him within the City. Such nuisances may be abated in the manner pre- scribed by this chapter. 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. He/she shall investigate all reported incidents of infestation by Oak wilt fungus or Dutch Elm fungus or Elm bark beetles. The person or persons 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/her under this chapter. That person or persons shall, upon finding conditions indicating Oak wilt or Dutch Elm infestation, take such 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. 902.04 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the City Forester or his/her agents while they are engaged in the performance of duties imposed by this ordinance. 902.05 Procedure for Abatement and Removal. Whenever it is found with reasonable certainty that the infestation exists, he/she shall proceed as follows: If he/she finds that the danger of infestation of other oak or elm trees is not imminent, he/she shall notify the owner of the property on which the nuisance is found by certified mail addressed to the said owner at his/her last known address that the nuisance must be abated within a time specified in the notice, but in no event later than April 15th of the following year. He/she shall immediately report said action to the council and after the expiration of the time limited by said notice, he/she may proceed to abate the nuisance as herein provided. The cost of such abatement shall be assessed against the owner of the property involved, or against the property itself.