[8-20-2013; 2016 Code]
The council hereby finds that the health of elm, oak and ash
trees within the city is threatened by invasive diseases and pests,
including a fatal disease known as Dutch elm disease, a fatal disease
known as oak wilt disease and the Emerald Ash Borer, an exotic wood
boring beetle that only feeds on ash trees.
[8-20-2013; 2016 Code]
The following are hereby declared to be a public nuisance:
(A) Infected or infested elm trees or elm wood. Any living or standing
elm tree or part thereof infected with the Dutch elm disease fungus
Ceratocystis ulmi (Buisman) or Ophiostoma ulmi or infested by any
of the elm bark beetles Scolytus mulristriatus (Marsh) or Hylurgopinus
rufipes (Eichh) or 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 burned or properly treated with an effective
elm bark beetle destroying insecticide.
(B) Infected oak trees or oak wood. Any living or standing oak tree or
part thereof infected with the oak wilt disease fungus Ceratocystis
fagacearum or any dead oak tree or part thereof, including logs, branches,
stumps, firewood or other oak material from which the bark has not
been removed.
(C) Infested ash trees or ash wood. Any living or standing ash tree or
part thereof infested with any Emerald Ash Borer beetles Agrilus planipennis
or any Emerald Ash Borer infested dead ash tree or part thereof, including
logs, branches, stumps, firewood or other ash material from which
the bark has not been removed and burned or otherwise disposed of
in a manner that destroys any Emerald Ash Borer beetles that may be
present.
[8-20-2013; 2016 Code]
No person or entity shall permit any public nuisance as defined
in this chapter to remain on any premises owned or controlled by such
person or entity within the city.
[8-20-2013; 2016 Code]
Following receipt of a complaint, or upon his or her own initiative,
the city forester shall inspect or cause to be inspected any property
within the city to determine whether a public nuisance as defined
in this chapter exists thereon.
[8-20-2013; 2016 Code]
No person or entity shall transport within the city any bark
bearing diseased elm wood, diseased oak wood or Emerald Ash Borer
infested ash wood or material without first securing the written permission
of the city forester.
[8-20-2013; 2016 Code]
No person or entity shall remove, trim or prune any oak tree
or portion thereof between April 1 and August 15 without first securing
the written permission of the city forester.
[8-20-2013; 2016 Code]
No person or entity shall prevent, delay or interfere with the
city forester, or any city agents or employees working under the direction
of the city forester, while they are engaged in the performance of
duties imposed by this chapter.
[8-20-2013; 2016 Code]
A person or entity that violates any provision of this chapter
shall upon conviction be subject to a Class 3 forfeiture.