A. Nuisances Declared: The following items are hereby declared to be public nuisances when found within the control zones between April 1 and September 15:
1. Any living or standing elm tree, or part thereof, infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau.
2. Any elm tree or part thereof suffering from dieback or any other disease or harmful condition which, in the opinion of the city forester or his agents, renders that tree or any parts thereof possible breeding or harboring sites of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh).
3. Any red oak tree or part thereof exhibiting wilting to any degree in July or August, this wilt caused by the oak wilt fungus Ceratocystis fagacearum. Red oak trees affected at other times and white oaks with root systems in contact with other trees of the same species are also hereby declared nuisances.
4. Any ash tree that is diseased with the emerald ash borer that poses or threatens to pose a danger to person or property by reason of potentially falling or loss of tree limbs in the opinion of the city forester or the city forester's designee or is otherwise subject to a directive for removal from the Minnesota department of agriculture or other state agency.
5. Elm trees, oak trees or ash trees or parts thereof as described in subsections A1 through A4 of this section hereby shall be termed hazardous trees and portions.
6. Any dead elm tree, standing or fallen, or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been completely removed. Red oak wood not covered by a plastic tarpaulin during May and June is also hereby declared a public nuisance. Any dead ash tree, standing or fallen, or part thereof, including logs, branches, stumps, firewood or other ash material that is not handled consistent with guidelines issued by the Minnesota department of agriculture or other state agency, as amended from time to time. Such nuisances are hereby termed hazardous wood.
B. Prohibited; Abatement Required: It is unlawful for any person to cause or permit any public nuisance as defined in subsection A of this section to remain on any premises owned or controlled by him within the disease control zones between April 1 and September 15. Such nuisances may be abated in the manner herein set forth. (Ord. 1217, 8-9-2010)