[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]
(A) 
Public property. If the city forester, upon inspection or examination, shall determine that any public nuisance as defined in this chapter exists in or upon any public street, alley, park or other public place within the city, including the terrace strip between curb and lot line, he or she shall immediately abate such public nuisance in such manner as to destroy or prevent as fully as possible the spread of the disease or the insects that have caused such public nuisance.
(B) 
Private property. If the city forester shall determine with reasonable certainty that any public nuisance as defined in this chapter exists in or upon private property, the city forester shall report the existence of such public nuisance to the board of park and recreation commissioners. If the board of park and recreation commissioners determines that such nuisance exists, it shall set a date and time for a hearing, the objective of which shall be to determine if an order should be made to abate such nuisance.
(1) 
Notice of hearing. Notice of the date, time and location of such hearing shall be mailed, not less than 14 days before the hearing, via first class mail addressed to the property owner's last known address, and a copy shall be served upon the owner or occupant at the property location or may be posted by attaching to the entrance of any dwelling, building or other structure on the property on which such public nuisance exists. If the owner is not known and cannot be determined with reasonable diligence such notice shall be issued to the tenant or other person or entity occupying such property. The notice shall state that the board of park and recreation commissioners has found that a nuisance as defined in this chapter exists on such property and proposes to order abatement of such nuisance and how such abatement will be accomplished. The notice shall specify the general location and number of trees logs, branches, stumps, firewood or other material constituting the nuisance on the property.
(2) 
Hearing procedures. The owner, tenant, or an authorized agent of either, may appear at the hearing and shall have the opportunity to provide evidence relevant to the issues before the board of park and recreation commissioners. If the board of park and recreation commissioners finds that a nuisance as defined in this chapter exists it shall order the abatement of such nuisance and the city forester shall issue a written notice to the owner, agent or tenant or operator of the property to abate such nuisance within a reasonable time as specified in the notice. The notice shall include the method or methods by which the nuisance shall be abated and the proper method or methods of disposal of such trees or parts thereof, logs, branches, stumps, firewood or other material constituting the nuisance, and that failure to abate the nuisance as so ordered will result in the city abating the nuisance at the property owner's expense. The notice shall be mailed via first class mail addressed to the property owner's last known address, and a copy shall be served upon the owner or occupant at the property location or may be posted by attaching such notice to the entrance of any dwelling, building or other structure on the property on which such public nuisance exists.
(C) 
Appeal to council. If the property owner wishes to appeal the decision of the board of park and recreation commissioners or the methods required by the city forester to abate the nuisance, the property owner may appeal such decision to the council. Such appeal shall be made by filing a notice of appeal with the city clerk within 10 business days following service of the written notice issued by the city forester directing abatement of the nuisance. Within 30 days following receipt of such notice of appeal by the city clerk, the council shall review the decision of the board of park and recreation commissioners or the city forester, or both, and may affirm, deny or modify such decision. If the decision is modified, the council shall file its decision with the city clerk within 7 days following the meeting where the appeal was considered. The council's decision shall state the specific facts and reasons which are the basis for its decision to modify a decision of the board of park and recreation commissioners or the city forester. The council may, but shall not be compelled to, afford the party appealing an opportunity to be heard before the council acts on an appeal.
(D) 
Abatement by city. If any public nuisance as defined in this chapter is not abated within the time allowed, the city forester may cause the same to be abated. No damages shall be awarded to the property owner for the destruction of any elm trees, elm wood, oak trees, oak wood, ash trees or ash wood, or any part thereof, resulting from such abatement.
[8-20-2013; 2016 Code]
(A) 
Special charge. Costs of abating any public nuisance as defined in this chapter may be chargeable to and imposed as a special charge against the property upon which the nuisance existed. The cost of abating any such nuisance which is located in or upon any park or public grounds, boulevards or public right-of-way shall be borne by the city.
(B) 
Records and report. The city forester shall keep strict account of the costs of work done to abate a nuisance as defined in this chapter for which special charges are to be made, the description of the land, lots, parts of lots or parcels of land upon which such work was done and the amount chargeable to each. The city forester shall report to the council the aggregate amounts chargeable to each lot or parcel.
[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 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.