(1) When Dutch Elm Disease is found to exist in or on trees on public property or in public right of way, the trees shall be removed as provided in subsection (2) of this section.
(2) When Dutch Elm Disease is found to exist in or on trees on privately owned property, after notice has been served upon the owner of the premises, it shall thereupon become the duty of the owner, or his agent, or occupant or person having custody and control of the property to cause such tree to be removed and destroyed under the direction and supervision of the City Forester. In lieu thereof, it shall be abated through the abatement process as outlined in section 10-08-10 of this code.
(3) Whenever an elm tree is found to be infected with Dutch Elm Disease, the City Forester may order, at his/her sole discretion, all elms within a radius of one thousand feet (1,000') to be treated after first giving public notice by publication once in a newspaper of general circulation in the city setting forth the area to be treated and the time said treating is to be done, at least twenty-four (24) hours before treating restricting parking in the affected area. Additionally, written notice shall be mailed to all property owners within the affected one thousand foot (1,000') radius at least five (5) days prior to treatment. When such notice has been given and parking restrictions placed in effect, the city shall not allow any claim for damage caused by the treatment to any vehicle.
(4) It shall be unlawful for any person to give, sell, or offer for sale as firewood any part of a diseased tree of any species of elm, zelkova or planera.
(Ord. 3252, 3-16-2020)