917.17 DISEASED TREES.

   (a)    It shall be the responsibility of any person having any tree, shrub, plant, grass or other vegetation on his property, including tree lawn, to treat or remove any such tree so diseased or insect infested as to constitute a hazard to persons, property or other vegetation.

      (1)    Upon determining that any tree upon private property is diseased or infested with insects, the Arborist shall notify the property owner in accordance with the procedures of Section 917.08.

      (2)    In the event the property owner fails to take the required corrective action, the Arborist is authorized, in the public interest, to enter the property to spray, trim, prune, treat or remove any or all of the diseased tree. The cost of this service, including labor, equipment and materials, shall be assessed to the property owner.

      (3)    If, after utilizing all techniques, methods and procedures which could reasonably be expected to save the tree, the tree is deemed by the Arborist to be dead, dying, in a dangerous condition, unsafe or likely to cause damage to person, neighboring property or public thoroughfares, or property, the tree shall be declared a nuisance and the Arborist shall have the tree removed and costs assessed in accordance with the procedures set forth in Section 917.08.

      (4)    The Arborist shall make periodic inspections for Dutch Elm Disease (Cerstostomelia Ulmi), take samples, and use spraying materials as may be necessary to control the spread of the disease. Infected tree parts shall not be stored for fuel or similar future use, unless the bark has been stripped.

      (5)    Elm trees found to be infected with Dutch Elm Disease are declared a public nuisance, and the Arborist shall have the tree removed and costs assessed in accordance with the procedures set forth in Section 917.08.
(Ord. 24-1993. Passed 9-24-93.)