[Adopted by Ord. No. 1-81 as Ch. 11, Secs. 11.08 and 11.10
of the 1981 Code]
The Council having determined that the health
of the elm trees within the City is threatened by a fatal disease
known as "Dutch elm disease" hereby declares the following to be a
public nuisance:
A.
Any living or standing elm tree or part thereof infected
with the Dutch elm disease fungus or which harbors any of the elm
bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes
(Marsh.).
B.
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 sprayed with an effective elm bark
beetle destroying insecticide.
No person shall permit any public nuisance as defined in § 229-1 to remain on any premises owned or controlled by him within the City.
The Public Works Department[1] shall inspect or cause to be inspected all premises and places within the City at least twice each year to determine whether any public nuisance as defined in § 229-1 exists thereon and shall also inspect or cause to be inspected any elm tree reported or suspected to be infected with the Dutch elm disease or any elm bark bearing material reported or suspected to be infested with the elm bark beetle.
[1]
Editor's Note: Throughout this article, references
to the "City Forester" were amended to "Public Works Department" 5-1-2000
by Ord. No. 9-00.
A.
If the Public Works Department, upon inspection and
examination, determines that any public nuisance as herein defined
exists in or upon any public street, alley, park or other public place,
including the terrace strip between curb and lot line, within the
City and that the danger to other trees within the City is imminent,
he shall immediately cause it to be removed and burned or otherwise
abate the same in such manner to destroy or prevent as fully as possible
the spread of Dutch elm disease or the insect pests or vectors known
to carry such disease fungus.
B.
If the Public Works Department determines with reasonable
certainty that any public nuisance as herein defined exists in or
upon private premises, it shall serve upon the owner of such property,
if he can be found, or upon the occupant thereof a written notice
to abate such nuisance within 20 days of the service of such notice.
If such owner or occupant does not remove such nuisance within the
time limit, the Public Works Department shall cause the same to be
removed. No damage shall be awarded to the owner for destruction of
any elm tree, elm wood or any part thereof pursuant to this section.
C.
If the Public Works Department is unable to determine with reasonable certainty whether a tree in or upon private premises is infected with Dutch elm disease, it shall forward specimens from such tree for diagnosis and report to the State Department of Agriculture at Madison, Wisconsin, and shall proceed as provided in Subsection B of this section upon receipt of a positive report from the Department.
A.
Whenever it is determined in accordance with § 229-4 that any elm tree or part thereof is infected with Dutch elm disease fungus, the Public Works Department may cause to be sprayed all high-value elm trees within a radius of 1,000 feet thereof with an effective elm bark beetle destroying concentrate, provided that such spraying shall be performed prior to July 31.
B.
For control of root graft infection between elm trees, whenever it is determined in accordance with § 229-4B that any elm tree or part thereof is infected with Dutch elm disease fungus, the Public Works Department may, with the owner's or occupant's permission, cause to be applied a chemical fumigant known as SMDC (vampan) or (VPM) midway between the infected tree and other high-value elms where there is a possibility of root graft infection. The SMDC (vampan) shall be applied 14 days before the diseased elm tree is removed. SMDC shall not be applied within eight feet of a healthy tree.
A.
The entire cost of abating any public nuisance as
herein defined or of spraying any elm trees or part thereof shall
be chargeable to and assessed against the parcel or lot upon or in
which such tree is located. The cost of abating any such nuisance
or spraying any elm tree or part thereof which is located in or upon
any park, parkway, street, alley, boulevard or public grounds shall
be borne by the City. The costs of abatement for the control of root
graft infection by the use of SMDC (vampan) or (VPM) upon or in any
private or public property shall be borne by the City.
B.
The Public Works Department shall record the costs
of work done under this section and shall report monthly to the Finance
Officer all work done for which assessments are to be made, stating
and certifying the description of the land, lots, parts of lots or
parcels of land and the amounts chargeable to each. The Finance Officer
shall include in his report to the Council the aggregate amounts chargeable
to each lot or parcel so reported to him, and such amounts shall be
levied and assessed against such parcels or lots in the same manner
as other special taxes. Before such assessments are entered on the
tax roll, the Council shall hold a public hearing on the proposed
assessments and shall give advance notice thereof, not less than 14
days before the time set for such hearing, by publication in the official
newspaper.
[Amended 5-1-2000 by Ord. No. 9-00]
No person shall transport within the City any
bark bearing elm wood or material without first securing the written
permission of the Public Works Superintendent.
