(a) Definition; Declaration of Nuisance. All species and varieties of elm trees (trees of genus elmus) infected with the fungus known as Dutch elm disease (certostomella Ulmi), as determined by laboratory analysis by the Michigan Department of Agriculture, are hereby declared to be a public nuisance. All species and varieties of elm trees that are dead or substantially dead and all dead elm wood to which the bark is still attached, which, because of their condition, may serve as a breeding place for the European elm bark beetle (Scolytusmultistriatusw), and the native elm bark beetle (Hylurgopinusrufites), or any other carrier of said disease, are hereby declared to be public nuisances.
(b) Abatement of Nuisance by Owner. No owner of any lot or parcel of land in the City shall permit or maintain on any such lot or parcel of land any dead elm wood or elm tree which is a public nuisance, and it shall be the duty of the owner of such lot or parcel to promptly remove and burn any such elm tree or dead elm wood under the supervision and direction of the City Manager.
(c) Inspections. The City Manager is hereby authorized and empowered to enter upon any lot or parcel of land in the City at any reasonable hour for the purpose of inspecting any elm trees or dead elm wood situated thereon. The City Manager may remove such specimens from any such trees as are required for the purposes of laboratory analysis, or to determine whether such tree, because it is dead or substantially dead, may serve as a breeding place for any carrier of Dutch elm disease. No person shall take any action to prevent the City Manager from entering on any lot or parcel of land in the City for the purpose of such inspection or to interfere with the City Manager in the performance of any of his or her duties under this chapter.
(d) Notice to Abate; Failure to Comply. If, as a result of a laboratory analysis of specimens removed from any elm tree by the City Manager, it is determined that such tree is a public nuisance as provided herein, or if the City Manager determines that any dead or substantially dead elm trees or dead elm wood is a public nuisance as provided herein, the City Manager shall serve or cause to be served upon the owner of record of the parcel of land on which said tree or dead elm wood is located, a written notice requiring such owner to comply with the provisions of this chapter. If any person upon whom such notice is served fails, neglects or refuses to remove and destroy by burning such elm tree or dead elm wood within ten days after service of such notice, the City Manager may proceed to remove and burn such tree or dead elm wood and assess the cost thereof against the owner of such lot or parcel of land, and the amount of such cost shall be paid by the owner to the City. Such notice shall be served in the manner prescribed in Chapter 210 of these Codified Ordinances.
(e) Assessment of Cost. If the City removes from any lot or parcel of land in the City any infected, dead or substantially dead elm tree or dead elm wood, which is a public nuisance as provided by this chapter, the assessment of the cost of the work done by the City against the owner of the lot or parcel of land involved shall be in addition to the penalties imposed herein for any violation or non-compliance with any provision of this chapter. The cost shall be assessed in the manner prescribed in Chapter 210 of these Codified Ordinances.
(f) Abatement of Nuisance by City. Any elm tree or dead elm wood on property owned by the City which is a public nuisance as defined in this chapter shall be properly removed and burned under the supervision of the City Manager at the expense of the City.
(Ord. 362. Passed 3-1-94.)