Words used and not defined in this article shall have their ordinarily accepted meaning. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Forester
means a certified arborist or any individual qualified in the area of urban forestry, botany or horticulture employed or engaged by the village including but not limited to representatives from the Texas A&M Forest Service, Travis County or other agency. Preference shall be given to ISA Oak Wilt Qualified, Certified Arborists.
Infected or diseased oak
means:
(1) 
A diseased red oak, or the wood therefrom, infected with the fungus which causes oak wilt disease (Bretzilla fagacearum) as determined by the village inspector with the cooperation of the forester or through laboratory analysis; or
(2) 
A red oak, or the wood therefrom, which is dead or substantially dead and to which the bark is still attached, which, because of its condition, may serve as a source of inoculum for the disease.
(Ordinance 2018-04, exh. A, sec. 1, adopted 6/12/18)
An infected or diseased oak, that is located on property within the village, is found and declared to be a public nuisance.
(Ordinance 2018-04, exh. A, sec. 2, adopted 6/12/18)
(a) 
If a tree or firewood is determined to be an infected or diseased oak, and the village inspector, in cooperation with the forester, determines that the tree or wood is a public nuisance, the village will deliver written notice to the property owner, advising the owner of the determination and requiring the owner to comply with this article. This notice will be served upon the owner of record, the property owners’ association, and upon all lienholders of the lot or parcel of land on which the infected or diseased oak is located.
(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 2018-04, exh. A, sec. 3, adopted 6/12/18; Ordinance adopting Code)
It shall be unlawful for an owner of any lot, tract or parcel of land within the village to permit or maintain on such lot, tract or parcel any infected or diseased oak which is a public nuisance. It shall be the duty of the owner of such lot, tract or parcel, within thirty (30) calendar days after notification of the presence of oak wilt disease as determined by the forester or by laboratory analysis, to remove and properly dispose of the entire infected or diseased oak in a licensed landfill and submit a copy of the landfill receipt to the village inspector’s office. If owner desires to appeal the determination of a public nuisance, the owner must submit the appeal in writing to the village within ten (10) days.
(Ordinance 2018-04, exh. A, sec. 4, adopted 6/12/18)
(a) 
Laboratory analysis.
The property owner must pay for the cost of any laboratory analysis necessary to determine the presence of disease.
(b) 
Removal and disposal.
The cost of removing and disposing of any tree or wood determined to be a public nuisance will be borne by the property owner.
(Ordinance 2018-04, exh. A, sec. 5, adopted 6/12/18)
The village inspector, in cooperation with the forester responsible for Travis County, is charged with the enforcement of this article, and shall perform the duties as set forth herein. The village may work with the property owners’ association to assist with any and all enforcement duties set out herein.
(Ordinance 2018-04, exh. A, sec. 6, adopted 6/12/18)
Permission of the owner, occupant, or person in control of the premises shall be sought prior to entry. If such entry is refused and the village inspector has probable cause to believe that there exists on the premises a public nuisance, the village inspector may go before a justice of the peace 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 2018-04, exh. A, sec. 7, adopted 6/12/18)
The trimming or cutting of oak species for purposes other than protecting public safety is permitted between July 1st and January 31st and is prohibited between February 1st and June 30th. The resulting cut shall be treated immediately with paint to cover the exposed surface from contamination. Use of aerosol can is the preferred method of application for covering cuts. Any wounds, whether made by trimming, construction or accident, shall be treated immediately with paint to cover the surface from contamination. The village inspector may conduct unannounced inspections to ensure compliance with all provisions of this article.
(Ordinance 2018-04, exh. A, sec. 8, adopted 6/12/18)
Equipment used for trimming or cutting of red oak species in public projects will be disinfected after each tree is completely cut and before proceeding to the next tree. A solution of nine parts water to one part bleach is recommended for disinfection of all trimming equipment. This disinfection procedure is highly recommended for private projects. Disinfectant spray may be used as an alternative.
(Ordinance 2018-04, exh. A, sec. 9, adopted 6/12/18)
(a) 
Red 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.
(b) 
It shall be unlawful to stack firewood taken from live 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 for a period of one year.
(c) 
It shall be unlawful for any person to transport or sell oak firewood within the village that was taken from trees known or suspected to be infected by the oak wilt fungus, unless the trees are known to have been dead for at least one year.
(Ordinance 2018-04, exh. A, sec. 10, adopted 6/12/18)
The owner of a lot, tract or parcel of land within the village that suffers or permits a public nuisance to remain on such lot, tract or parcel for more than thirty (30) days after notice from the inspector may be liable to the owner of any neighboring lots, tracts or parcels of land for damages caused by oak wilt on the neighboring lot, tract or parcel of land. If the owner of a neighboring lot, tract or parcel of land shows and establishes the trees on the his or her land were infected by oak wilt as a result of the neighboring owner not timely abating the public nuisance, the owner that failed to timely abate and remove the public nuisance shall be liable for the damage to the property of such neighboring owner.
(Ordinance 2018-04, exh. A, sec. 10, adopted 6/12/18)
This article does not waive governmental immunity or any defense available to the village at law or in equity, and nothing in this article shall be deemed to waive, modify or amend any legal defenses available at law or in equity to the village or to any officers or employees of the village, nor create any legal rights or claim against the village, its officers and employees on behalf of any party.
(Ordinance 2018-04, exh. A, sec. 11, adopted 6/12/18)