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.)