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 whereever they may be found in the City: (1) Any standing or living tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Busiman) moreau, or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh) or Hylurgopinus rifipes (Marsch). And also, any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material from which the bark has not been re- moved and properly disposed of. (2a) Any living or standing tree of part thereof in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus Ceratocystis fagacearum. (2b) Also any living or standing tree in the white oak group (white oak, bur oak, swamp white oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems. 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 that person 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 City tree inspector 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 infection by oak wilt fungus or Dutch elm disease fungus or elm bark beetles. 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/her under this chapter. The tree inspector shall, upon finding conditions indicating oak wilt or Dutch elm disease infection, take such steps for diagnosis as may be appropriate including analysis by a qualified laboratory of twig samples from actively wilting branches. When- ever 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 tree inspector 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 an oak wilt or Dutch elm disease infection exists, the tree inspector shall proceed as follows: If the tree inspector finds that there is a potential for infection of other oak or elm trees, he/she shall notify the owner �f the property on which the nuisance is found on by certified mail addressed to the said owner at his/her last known address. The tree in- spector will specify on the notice a reasonable date before which the nuisance must be abated, but in no event later than April 15th of the following year. The tree inspector shall immediately report said action to the council and