The Board of Supervisors of the County of Sacramento has determined that there are many elm (and zelkova) trees growing on public and private premises within the unincorporated area of the County of Sacramento, the loss of which would substantially depreciate the value of public and private premises and impair the safety, good order, general welfare and convenience of the public. The Board of Supervisors has determined that the health and life of such trees is threatened by a fatal disease known as Dutch elm disease. The Board of Supervisors hereby declares its intention to control and prevent the spread of such disease and the insect pests and vectors which carry such disease and declares the Dutch elm disease and elm bark beetles which carry such disease to be public nuisances.
(SCC 252 § 1, 1976)
a. 
"Administrative regulations" means regulations promulgated jointly by the Director and commissioner, and approved by the city council and the Board of Supervisors of the County of Sacramento, specifying procedures for the removal and destruction of elm trees or portions thereof.
b. 
"Commissioner" means the agricultural commissioner of Sacramento County, his assistants, deputies or authorized employees or agents.
c. 
"Director" means the Director of recreation and parks of the city of Sacramento, his assistants, deputies, or authorized employees or agents.
d. 
"Elm tree" includes any of the following: Any living or standing elm (or zelkova) tree or part thereof, or any dead elm (or zelkova) tree or dead part of any elm tree, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed.
(SCC 252 § 1, 1976)
The following things are public nuisances whenever they may be found within the County of Sacramento:
a. 
Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus, Ceratocystis ulmi; or which harbors any of the elm bark beetles, Scolytus multistriatus or Hylurgopinus rufipes;
b. 
Any dead elm tree or dead part of any elm tree, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed.
(SCC 252 § 1, 1976)
a. 
The director and the commissioner shall inspect all premises and places within the County of Sacramento as often as practicable to determine whether any condition described in Section 19.08.030 exists therein. They may enter upon private property at any reasonable time for the purposes of carrying out any of the duties assigned to them under this chapter. If entry is refused, the Director and commissioner shall have recourse to every remedy provided by law to secure lawful entry.
b. 
Whenever necessary to determine the existence of Dutch elm disease or elm bark beetles in any tree, the person inspecting such tree may remove or cut specimens from the tree.
(SCC 252 § 1, 1976)
The Board of Supervisors may declare by resolution as public nuisance, and abate, those conditions set forth in Section 19.08.030 wherever those conditions are found upon public or private property in the County of Sacramento.
(SCC 252 § 1, 1976)
The resolution shall refer to the property upon which or in front of which the nuisance exists by giving its lot and block number according to the official or County assessment map. If only a portion of the elm tree is to be removed, the resolution shall so indicate.
(SCC 252 § 1, 1976)
Any number of private or public parcels of property may be included in one resolution.
(SCC 252 § 1, 1976)
After passage of the resolution, the Director or commissioner shall cause notices to be conspicuously posted on or in front of the property on which the nuisance exists.
(SCC 252 § 1, 1976)
The heading of the notices shall be "NOTICE TO DESTROY ELM TREE" or "NOTICE TO DESTROY ELM WOOD," whichever is appropriate, in letters not less than one inch in height.
(SCC 252 § 1, 1976)
The notice shall be substantially in one of the following forms:
"NOTICE TO DESTROY ELM TREE
Notice is hereby given that on the _____ day of ________, 20_____, the Board of Supervisors of the County of Sacramento passed a resolution declaring that an elm (or zelkova) tree or trees existing upon or in front of the property in the County of Sacramento, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by being removed and destroyed. Otherwise they will be removed and destroyed by the County of Sacramento. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the County Clerk.
All property owners having any objections to the proposed removal of the elm tree or trees are hereby notified to attend a meeting of the Board of Supervisors of the County of Sacramento to be held _____, when their objection will be heard and given due consideration.
Dated:__________________
___________________________________
Agricultural Commissioner of Sacramento County"
or, if applicable:
"NOTICE TO DESTROY ELM WOOD
Notice is hereby given that on the _____ day of _____, 20_____, the Board of Supervisors of the County of Sacramento passed a resolution declaring that an elm (or zelkova) tree or trees, existing upon or in front of the property in the County of Sacramento, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal and destruction of dead wood contained therein in accordance with Administrative Regulations promulgated by the Director of Recreation and Parks of the City of Sacramento and the County of Sacramento. Otherwise, such wood will be removed and destroyed by the County of Sacramento. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the County Clerk.
All property owners having any objections to the proposed removal of the dead elm wood are hereby notified to attend a meeting of the Board of Supervisors of the County of Sacramento to be held ______, when their objections will be heard and given due consideration.
Dated:__________________
___________________________________
Agricultural Commissioner of Sacramento County"
(SCC 252 § 1, 1976)
The applicable notices shall be posted at least three days prior to the time for hearing objections by the Board of Supervisors.
(SCC 252 § 1, 1976)
At the time stated in the notices, the Board of supervisors shall hear and consider all objections to the proposed removal and destruction of elm trees or dead wood contained therein, whichever is applicable. It may continue the hearing from time to time.
(SCC 252 § 1, 1976)
By motion or resolution at the conclusion of the hearing, the Board of Supervisors shall allow or overrule any objections. At that time the Board of Supervisors acquires jurisdiction to proceed and perform the work of removal and destruction or dead wood contained therein.
(SCC 252 § 1, 1976)
The decision of the Board of Supervisors is final.
(SCC 252 § 1, 1976)
If objections have not been made or after the Board of Supervisors has disposed of those made, it shall order the Director or commissioner, or both, to abate the nuisance by having the elm tree or trees removed and destroyed or by having the dead wood contained therein removed and destroyed. The order shall be made by motion or resolution.
(SCC 252 § 1, 1976)
Wherein the Director or commissioner shall during their inspections discover elm wood that has been cut, or cut and stored, which is infected or may be infected by Dutch elm disease fungus, said director or commissioner may, in order to prevent the storage, movement or sale of said elm wood and thereby the spread of the fungus causing Dutch elm disease, act to cause the disposal of said wood in as expeditious manner as practical.
For purposes of this section of Chapter 19.08, other sections contained herein commencing with Section 19.08.050 through and including Section 19.08.150 are not applicable, as the procedural delay that may occur may cause eminent spreading of the fungus to other trees within the vicinity.
(SCC 252 § 1, 1976)
The director or commissioner may enter upon private property to abate the nuisance. It is unlawful and an infraction for any person to interfere with or in any way impede the abatement of a nuisance.
(SCC 252 § 1, 1976)
Before the Director or commissioner arrives, any property owner may remove and destroy the elm trees, wood or elm material at their own expense. The method of removal and destruction must be approved in advance by the Director and commissioner as being in accordance with administrative regulations.
(SCC 252 § 1, 1976)