Many elm trees are growing on private as well as public property in the City, which trees are threatened with Dutch elm disease, and the loss of the trees would substantially depreciate the market value of property in the City, and the City is engaged in a program to protect elm trees on public property, and in order to be effective it is necessary that a similar program be carried out on private property; therefore this article is adopted for the purpose of preventing the spread of Dutch elm disease and the resulting loss of elm trees in order to protect and preserve the market value of property in the City.
Every owner and person in possession of any real estate in the City shall permit authorized City employees to enter upon his real estate for the purpose of examining elm trees. If it shall appear to any such employee that an elm tree may be diseased, such employee shall be permitted to take the necessary sample of wood from the tree to have an examination made.
If an examination made as above provided or made at the instance of the owner of the real estate discloses that the tree has Dutch elm disease, the Common Council shall give notice to the owner of the real estate, at his last known address, and to the person in possession of the real estate to have such diseased tree cut down and the wood destroyed by burning within 10 days of giving such notice. If the owner or person in possession of such real estate does not cut down the diseased tree and destroy the wood by burning within 10 days after such notice is given, then such tree shall be cut down and the wood destroyed by burning by the City employees on order of the Common Council. Accurate record of the expense of such cutting and burning shall be made and a report thereof given to the City Clerk, who shall enter the amount against the respective real estate in the next and subsequent tax roll as a special tax against such real estate, and the same shall be collected in all respects as are other City taxes upon real estate.
No person shall keep, store, sell, offer for sale, give away or transport any elm tree, elm firewood or elm branch, stump or log into or within the City which is infested with Dutch elm disease or a disease-carrying medium except for the purpose of immediately destroying the same by burning, or if not so infested, without debarking the same and treating it with an approved elm bark beetle destroying concentrate. Every owner and person in possession of real estate in the City shall permit authorized City employees to enter upon his real estate and every residence, garage, woodshed or other structure thereon for the purpose of determining whether or not any elm material, of the type above described, is located on the real estate or any structure thereon. If such employee ascertains that there is any elm material located on such real estate or structure which has not been debarked and applied with an elm bark beetle destroying concentrate, as herein required, the Common Council shall notify the owner at his last known address, and the person in possession, to so debark and apply an elm bark beetle destroying concentrate within 10 days from the date of the notice, or in lieu thereof to destroy the elm material by burning.
A.
Each owner and person in possession of real estate in the City shall permit such employee of the City to take a sample of any such elm material for the purpose of determining whether or not it is infested with Dutch elm disease, or disease-carrying medium, and if such examination discloses that any such elm material is so infested, the Common Council shall give notice to the owner at this last known address, and to the person in possession, to destroy by burning all of such elm material located on such real estate or any structure thereon.
B.
If the owner or person in possession does not comply with any notice given, as provided in this section, within 10 days after the same is given, then on order of the Common Council the City employees shall remove all such elm material and burn the same. Accurate account of the expense of removal and burning shall be kept and report made to the City Clerk, who shall enter the amount thereof in the next and subsequent tax roll as special tax against such real estate and the same shall be collected in all respects as are other City taxes upon real estate.
When it has been determined that any elm tree or elm material is infested with Dutch elm disease, in addition to the removal and burning of the same, as above provided, all elm trees within a radius of 1,000 feet from the source of such disease shall be sprayed with an effective elm bark beetle destroying concentrate. Trees on public property shall be sprayed at the expense of the City. Notice of the necessity of spraying elm trees on private property shall be given by the Common Council to the owner of such private real estate at his last known address and to persons in possession, and unless such owner or person in possession has such elm trees sprayed within 10 days of the time of giving such notice, City employees shall spray such trees. Accurate records shall be kept of the cost thereof and entered in the next and subsequent tax roll as a special tax against such real estate, and the same shall be collected in all respects as are other City taxes upon real estate.
Each owner and person in possession of real estate in the City shall cause all dead wood to be removed from every elm tree on his real estate and to be burned. In the event that it appears to any authorized City employee that there is dead wood in any elm tree on private property in the City, the Common Council shall cause notice to be given to the owner at his last known address, and the person in possession of such real estate, to remove and burn such dead wood. If such dead wood has not been removed and burned within 10 days after such notice is given, then the City employees shall remove the same and burn it. Accurate records of the cost of removing and burning such dead wood shall be entered in the next and subsequent tax roll as a special tax against such real estate and the same shall be collected in all respects as are other City taxes on real estate.