A. All diseased, infested, dangerous or nuisance trees and shrubs are declared to be a threat and a hazard to trees and shrubs in the City, and may constitute a safety hazard to the public health and welfare. If the trees, shrubs or parts thereof, are found to exist, the owner of the property shall be served with a notice and order by the City Forester to take the necessary remedial action including insect and disease control, pruning, and if necessary, the removal of trees, and shrubs in whole or part within a specified period of time.
B. It shall be unlawful to possess or transport into or within the City all or any part of trees or shrubs infected with the Ceratocystis ulmi fungus. The wood, branches and roots of infected trees or shrubs may be transported to a safe place for burial under a minimum of two feet (2') of earth within ten (10) days following discovery of the infection, or to other sites under conditions approved by the City Forester for processing and subsequent elimination of the disease hazard.
C. Trees or shrubs of the genus Ulmus in a dead or dying condition that may serve as a breeding place for the smaller European elm bark beetle (Scolytus multistriatus) are hereby declared to be a threat and hazard to all elm trees in the City. Transportation into or within the City or possession within the City of elm bark beetle infested trees or shrubs except for immediate burial or processing in a manner approved by the City Forester, shall be unlawful unless the bark has been completely removed.
D. It shall be unlawful to possess or transport into or within the City all or any part of a tree infested with the mountain pine beetle, Dendroctonus ponderosae. The wood of an infested tree may be transported to a safe place for burial under a minimum of two feet (2') of earth following discovery of the infestation, or to other sites under conditions approved by the City Forester for processing and subsequent elimination of the insect hazard.
E. It shall be the duty of the City Forester to order the owner or agent of the owner of any premises in the City containing any dead trees or overhanging boughs dangerous to life, limb or property to remove the same within a reasonable time. In the event the owner or agent of the owner fails to follow the requirements of the notice and order, it shall be the duty of the City Forester to remove or destroy the trees or boughs or otherwise correct the offending condition at the expense of the owner of the affected property. (Ord. 82-54; Ord. 88-265; Ord. 01-42)