This article shall be known and may
be cited as the oak wilt ordinance.
(Ordinance 2006-12-18-1, sec. 1, adopted 12/18/06; Ordinance 2022-12-19-02 adopted 12/19/2022)
The provisions of this article are
deemed to be necessary to promote the health, safety, property and
general welfare of the residents of the city.
(Ordinance 2006-12-18-1, sec. 2, adopted 12/18/06; Ordinance 2022-12-19-02 adopted 12/19/2022)
Words used in this article and not
defined in this article shall have their ordinarily accepted meaning.
For the purposes of this article, the following words and phrases
shall have the meaning respectively ascribed to them by this section:
Oaks confirmed to be infected by the fungus Ceratocystis
fagacearum (oak wilt).
Wood larger than two inches in diameter cut from diseased
oaks; also wood from an unknown source that may potentially harbor
the oak wilt fungus.
A chemical treatment used on non-symptomatic or slightly
symptomatic trees within the trench line that could be vulnerable
to infection.
Members of a distinct group of the genus Quercus characterized
by leathery oval leaves that includes two Texas species: plateau live
oak (Quercus fusiformis) and coastal live oak (Quercus virginiana).
Any tree infected by oak wilt or any firewood and woody debris
from a tree suspected to have died from oak wilt, as determined by
an approved laboratory analysis or from field diagnosis as performed
by the city forester or state forest service staff forester, are hereby
declared to be a public nuisance.
A vascular wilt disease of oaks. The fungus responsible,
Ceratocystis fagacearum, invades the water-conducting tissues of oak
roots, trunks, and limbs. Ceratocystis fagacearum does not actively
grow anywhere in nature except in oak trees. Spores of this fungus
can be moved around by certain insects and by humans.
A site where the oak wilt fungus is spreading through the
roots of diseased trees to infect healthy oaks, creating an area of
sick, dead and dying oaks.
Actions that prevent the spread of oak wilt from diseased
to healthy oaks, including but not limited to oak wilt suppression
trench installation and the removal and destruction of diseased oaks
and firewood.
Members of a distinct group of the genus Quercus characterized
by lobed leaves tipped by small soft spines, including but not limited
to Texas red oak (Quercus texana, also called Quercus buckleyi), Shumard
oak (Quercus shumardii), Southern red oak (Quercus falcata), and blackjack
oak (Quercus marilandica).
Oaks in which more than 90 percent of the previously healthy
branches have died due to oak wilt infection.
All varieties of the genus Quercus that may be infected and
killed by Ceratocystis fagacearum, including live oaks and all species
of red oaks.
Short for “oak wilt suppression trench installation,”
a method used to isolate the infected area between healthy and diseased
trees. Trenching equipment is used to cut connecting roots so that
the fungus cannot spread between trees.
Branches and limbs smaller than 2 inches in diameter cut
from diseased trees.
(Ordinance 2006-12-18-1, sec. 3, adopted 12/18/06; Ordinance 2022-12-19-02 adopted 12/19/2022)
It shall be unlawful for any person,
firm or corporation to violate the provisions of this article. Any
person violating any of the provisions of this article shall first
be given the opportunity to comply within 24 hours from issuance
of a warning. Persons in violation of this chapter with repeat offenses
and/or malicious intent are deemed guilty of a misdemeanor, and each
such person shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation of any
provision of this article is committed, continued, or permitted,
and upon the conviction of any such violation such offense shall
be punishable by a fine of not more than one thousand dollars ($1,000.00)
per day.
(Ordinance 2006-12-18-1, sec. 10, adopted 12/18/06;Ordinance 2022-12-19-02 adopted 12/19/2022)
(a)
All species and varieties of diseased
oak trees that are dead or substantially dead, and all dead diseased
oak wood to which the bark is still attached, which, because of their
condition, may serve as a breeding place for any carrier of said disease,
are hereby declared to be public nuisances.
(b)
Upon receipt of written notice by the city as described in section 14.06.008, it shall be unlawful for any owner of any lot or parcel of land within the city to permit or maintain on any such lot or parcel any dead oak wood or oak tree which is a public nuisance as defined herein, and it shall be the duty of the owner of such to promptly remove and destroy such oak tree by cutting the tree off at ground level and removing all dead oak wood and woody debris as directed by the city.
(c)
Oaks known or suspected to have died
of oak wilt may not be retained for firewood under any circumstances
due to the high risk of fungal mat formation and insect transmission.
(d)
Oaks that are dead or dying of oak
wilt as determined by the city staff or the state forest service shall
be cut at ground level by the owner of the diseased tree, with all
firewood and woody debris covered and hauled away or disposed of by
burying, burning or chipping within three working days.
(e)
It shall be unlawful to stack firewood
taken from oaks known to be infected or suspected of being infected
by the oak wilt fungus around or near healthy oaks unless the entire
stack is completely wrapped in clear plastic with the ends buried,
tucked under, or completely secured with weights.
(f)
It shall be unlawful for any person
to transport or sell firewood within the city that was taken from
trees known or suspected to be infected by the oak wilt fungus.
(g)
Pruning or cutting of oak trees shall
be prohibited in the spring months of February through June when fungal
spore formation and beetle activity are highest unless such activities
are completely unavoidable in order to protect the safety of people
and property or the health of the tree.
(h)
Pruning or cutting of oaks is permitted
from July through January.
(i)
Regardless of the time of year that
the wound occurs, black tree wound dressing must be applied immediately
to all wounds of any size on susceptible oaks, including the cut surface
of healthy oak stumps, pruning cuts, construction damage, or any spot
where the bark has been removed to expose the wood beneath, in order
to discourage potential insect/disease contamination. Failure to seal
any wound within 10 minutes of creation of the wound is an unlawful
violation of this article.
(Ordinance 2006-12-18-1, sec. 4, adopted 12/18/06; Ordinance 2009-1-20-1 adopted 1/20/09; Ordinance 2022-12-19-02 adopted 12/19/2022)
The city is charged with the enforcement
of the provisions of this article.
(Ordinance 2006-12-18-1, sec. 5, adopted 12/18/06)
(a)
The city and the state forest service
and its agents are authorized and empowered to enter upon any lot
or parcel of land in the city at any reasonable hour for the purpose
of inspecting any oak tree(s) or dead oak wood situated thereon.
(b)
If such premises are occupied, the
above personnel shall first present credentials and request entry.
(c)
If such premises are unoccupied,
the city shall first make a reasonable effort to locate the owner
or other persons who have charge or control of the premises and request
cooperation for entry.
(d)
Permission of the owner, occupant,
or person in control of the premises is necessary for entry. If such
entry is refused and the city has probable cause to believe that there
exists on the premises a nuisance as defined herein, the city shall
go before the municipal court judge and seek to obtain a search warrant.
The purpose of the warrant is to determine the presence of a nuisance
and to obtain such specimens of trees as are required for the purposes
of analysis to determine whether the same are infected.
(Ordinance 2006-12-18-1, sec. 7, adopted 12/18/06)
(a)
If, on laboratory analysis of specimens
removed from any oak tree, it is determined that the tree is infected
with oak wilt and is a public nuisance, as provided herein, or if
the forester determines that any dead or substantially dead oak trees,
or dead oak wood, are a public nuisance as provided herein, and if
the forester determines that the tree should be removed, the city
may serve or cause to be served upon the owner of record and upon
all lienholders of the lot or parcel of land on which the tree or
dead oak wood is located a written notice requiring such owner to
comply with the provisions of this article.
(b)
Service of notice provided for in
this article shall be by certified mail to the owner’s address
as listed on the Travis County Appraisal District’s tax roll.
Notice to a lienholder or its agent may be made by personal service
or by certified mail.
(Ordinance 2006-12-18-1, sec. 7, adopted 12/18/06; Ordinance 2022-12-19-02 adopted 12/19/2022)
(a)
The city shall appropriate funds
as deemed appropriate by the city council for oak wilt suppression.
(b)
The city has no obligation to pay
for preventive measures on any private property. However, in order
to encourage participation by property owners, the city may enter
into written agreements with certain property owners to pay for all
or part of the costs of preventive measures.
(c)
The city has entered into a cooperative
oak wilt suppression cost-sharing project with the state forest service.
Providing funds are available, the state will reimburse the city for
a limited portion of the cost absorbed in conducting some aspects
of oak wilt suppression.
(d)
The city may enter into an agreement
with the property owner(s) for cost-sharing of trenching or removal
of dead red oaks.
(e)
Fungicide treatment for non-symptomatic
or slightly symptomatic trees or removal of infected or dead trees
shall be the responsibility of the landowner.
(Ordinance 2006-12-18-1, sec. 8, adopted 12/18/06)
Additional administrative policies
for city-funded oak wilt trench installation projects are in a separate
document not included in this article. This document and revisions
are subject to formal approval by the city council. A copy of the
most current version may be acquired from the city forester or at
the planning, development and code enforcement [building services]
office.
(Ordinance 2006-12-18-1, sec. 9, adopted 12/18/06)
