[CC 1989 §16-21]
All species and varieties of elm trees infected with the fungus
known as the Dutch Elm disease or that are dead or substantially dead
and all dead elmwood to which the bark is still attached which, because
of their condition, may serve as the breeding place for the European
elm bark beetle and the native elm bark beetle or any other carrier
of such disease and all trees of whatever species or variety which
are infected with bagworms, tentworms or any other insects or worms
injurious to trees and which are permitted to remain so infected are
hereby declared to be public nuisances.
[CC 1989 §16-22]
The Code Enforcement Officer shall perform the duties set forth in this Article and shall enforce the provisions thereof. The Code Enforcement Officer is hereby empowered to enter upon any land in the City at any reasonable hour for the purpose of inspecting any elm tree, dead elmwood or other species or varieties of trees situated thereon which he/she suspects or which has been reported to him/her of being a public nuisance or likely to become a public nuisance by reason of infection or infestation as set out in Section
220.070.
[CC 1989 §16-23]
When it is determined that a tree is a public nuisance as provided
in this Article, the City Clerk, at the request of the Code Enforcement
Officer, shall cause to be served upon the owner or occupant of the
land upon which the tree is situated a written notice requiring such
owner or occupant to comply with the provisions of this Article. Such
written notice may be served by certified mail, return receipt requested,
or personally by the Chief of Police, any Policeman or the Code Enforcement
Officer. The officer serving such notice shall return a copy thereof
to the City Clerk, noting thereon the name of the person served and
the time and place of service.
[CC 1989 §16-24]
At least forty-eight (48) hours of advance notice be given to
property owners prior to any necessary trimming or removal, by the
Code Enforcement Officer of encroaching or over-hanging trees or shrubbery.
[CC 1989 §16-25]
It shall be unlawful for any owner or occupant of any property
designated in any notice given under this Article to permit any tree,
which by such notice he/she is directed to remove and burn, to remain
on such property for a longer period of time than ten (10) days after
the service of such notice. It shall be the duty of the owner of such
property to remove and burn or to cause to be removed and burned any
such elm tree or dead elmwood or to remove or cause to be removed
any other species of tree as specified in the notice served upon him/her.
[CC 1989 §16-26]
If any person designated in a notice issued and served as provided
in this Article fails to remove and destroy by burning such elm tree
or dead elmwood or fails to remove any other tree as specified in
such notice within ten (10) days after the date of service thereof,
the Code Enforcement Officer shall proceed to remove and burn such
elm tree or dead elmwood or to remove such other tree as specified
in such notice. The Code Enforcement Officer may employ any licensed
tree trimmer to do any of the work authorized under this Section,
provided that such work shall be under the direction of the Code Enforcement
Officer. Upon completion of the work he/she shall report to the City
Clerk in writing a statement of his/her costs and expenses incurred
in the removal or abatement of such nuisance.