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10/16/23, 9:58 AM Print Preview https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_9_GENERAL_REGULATIONS 8/72 (a)It is the duty of the forester to coordinate, under the direction and control of the council, all activities of the municipality relating to the control and prevention of Dutch elm, oak wilt, or similar plant pests or plant diseases. (b)The forester shall recommend to the council the details of a program for the control of Dutch elm disease, oak wilt, or similar plant pests or plant diseases, and perform the duties incident to the program adopted by the council. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.08.100 Nuisance Declared (a)Nuisance defined. The following are public nuisances wherever they may be found within the city: (1)Any living or standing elm tree or part of the elm tree infected to any degree with Dutch elm disease fungus Ceretocystis Uhni (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus Multistriatus (Eichh.), or Hylugopinus Rufites (Marsh); (2)Any dead elm tree or part of the tree, including branches, stumps, firewood, or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3)Any living or standing oak tree or part of an oak tree infected to any degree with the oak wilt fungus, Endoconidiothora Faga-ceaarum; and/or (4)Any dead oak tree or part which, in the opinion of the forester, constitutes a hazard, including, but not limited to, logs, branches, stumps, roots, firewood, or other oak material, which has not been stripped of its bark and burned or sprayed with an effective fungicide. (b)Abatement. It is unlawful for any person to permit any public nuisance as defined in subsection (a) of this section to remain on any premises owned or controlled by that person within the city. The nuisance may be abated in the manner prescribed by LEC 9.08.120 et seq. HISTORY Adopted by Ord. 08-253 on 11/3/2021 9.08.110 Inspection And Investigation (a)Inspection. As often as practicable, the forester shall inspect all public and private premises within the city which might harbor any plant pest as defined in M.S.A. § 18.46, subd. 13, as it may be amended from time to time, to determine whether any condition described in LEC 9.08.100 exists. The forester shall investigate all reported incidents of infestation by Dutch elm fungus, elm bark beetles, oak wilt fungus, or any other epidemic disease of shade trees. (b)Entry on private premises. The forester or forester's duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned the forester under LEC 9.08.070 et seq. (c)Diagnosis. The forester shall, upon finding conditions indicating Dutch elm infestation or oak wilt, immediately send appropriate specimens or samples to the commissioner of agriculture for analysis, or take the other steps for diagnosis as may be recommended by the commissioner. Except as provided in LEC 9.08.130, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made.