923.11 REMOVAL OF TREES ON PRIVATE PROPERTY.

   (a)   Wherever a tree is located upon private property and such tree or a part thereof is found to be in a dead or dangerous condition and is so located that if such tree fell, or such part thereof broke off and fell, it could endanger life or property upon a street or upon other public property, the Director of Public Works shall give written notice by personal service or by airlifted or registered mail to the owner of the property upon which such tree is located to remove such tree or part thereof within thirty days of the date of service or mailing of such notice. Failure of the owner of such premises to remove such tree or part thereof within thirty days shall be deemed a violation of this section.

   (b)   Wherever a tree is located upon private property and such tree or a part thereof is found to be in a dead or dangerous condition and is so located that if such tree fell, or such part thereof broke off and fell, it could endanger life or property upon the premises where such tree is located, or upon other private property, the Director of Public Works shall give written notice by personal service or by certified or registered mail to the owner of the property upon which such tree is located to remove such tree or part thereof within thirty days of the date of service or mailing of such notice. Failure of the owner of such premises to remove such tree or part thereof within thirty days shall be deemed a violation of this section.

(Ord. 1965-130. Passed 12-20-65.)

923.12 INTERFERING WITH WORK OF DIRECTOR OR ASSISTANTS.

   No person shall interfere with the Director of Public Works or his subordinates or assistants while engaged in or about the carrying out of the provisions of this chapter or the doing of any of the work ordered by the Director to be done hereunder.

(1964 Code §51.12)

923.13 MASTER STREET TREE PLAN.

   The Master Street Tree Plan prepared by the Cleveland Electric Illuminating Company for the City on June 23, 1959, and on file with the City Clerk, is hereby approved and adopted as the official Master Street Tree Plan for this City.

(1964 Code §51.11)

923.14 DUTCH ELM DISEASE.

   (a)    Council hereby finds and determines that Dutch elm disease and the virus disease phloem necrosis, commonly known as "elm blight", threaten shade trees in the streets and public grounds and on public property in the City, that shade trees infected with such diseases are public nuisances and that in order to protect and preserve shade trees in the City it is necessary to discover and control such diseases and to provide for the destruction of diseased trees and the abatement of such nuisances.

   (b)   The Director of Public Works is hereby authorized to inspect any tree within the City reported or supposed to be infected with the Dutch elm disease or the virus disease phloem necroses, commonly known as "elm blight". If, upon such inspection the Director determines that such tree is infected with either of such diseases, he may, if the tree is in any public street, ground or way within the City, immediately remove and burn the same in such manner as to prevent as fully as possible the spread of such disease. If such tree is located on private property, the Director may immediately serve upon the owner of such property a written notice that such tree is so infected and that the same must be removed and burned under the supervision of the Director within thirty days of the service of notice. If such owner cannot be found, a copy of the notice shall be posted upon the infected tree. If the tree is not so removed and burned within the five days after the service or posting of the notice, the Director may cause the tree to be so removed and burned. The cost of the removal and burning shall be reported to the owner of the property, if he can be found, and also Council, and if the cost is not paid within thirty days of such report, Council may assess the same as in other cases of the abatement of nuisances.

   (c)   If upon inspection of any tree within this City reported or supposed to be infected as aforesaid, it is impossible to determine with certainty the existence of either of the diseases in such tree, the Director may forward specimens from the tree for complete examination, diagnosis and report to either the Ohio State Experimental Station at Wooster, Ohio, or to the United States Department of Agriculture Station at Beltsville, Maryland, and the action of the Director of Public Works under this section shall await and be determined by the report received from such examination and diagnosis. (Ord. 1969-98. Passed 8-18-69.)

923.99 PENALTY.

   (EDITOR'S NOTE: See Section 101.99 for general Code penalty if no specific penalty is provided.)