GENERAL PROVISIONS

§ 93.01 SUPERINTENDENT; AUTHORITY OVER PUBLIC AREAS.

   The City Superintendent shall have the exclusive jurisdiction and supervision over all trees, other plants and grassy areas planted or growing in public places.

(Prior Code, § 22-1) (Ord. 453, passed - -)

§ 93.02 CERTAIN TREES DECLARED NUISANCES.

   The following things are hereby declared to be public nuisances wherever they may be found within the city:

   (A)   Any living or standing possible diseased tree infected with Dutch elm disease, fungus ceratocystis ulmi or which harbors any of the tree parasites, Scolytus multistriatus or hylurgopinus rufipes; and

   (B)   Any dead diseased tree or part thereof, including logs, branches, stumps, firewood or other diseased material from which the bark has not been removed and destroyed.

(Prior Code, § 22-2) (Ord. 453, passed - -)

§ 93.03 PERMITTING NUISANCE TO REMAIN.

   No person shall permit any public nuisances, as defined in § 93.02, to remain on any premises owned or controlled by the person within the city.

(Prior Code, § 22-3) (Ord. 453, passed - -) Penalty, see § 93.99

§ 93.04 INSPECTION OF PREMISES BY SUPERINTENDENT.

   The City Superintendent shall inspect, or cause to be inspected, all premises and places within the city at least twice a year to determine whether any public nuisance, as defined in § 93.02, exists thereon. He or she shall also inspect any elm tree reported or suspected to be infected with tree parasites.

(Prior Code, § 22-4) (Ord. 453, passed - -)

§ 93.05 ENTRY ON PREMISES BY SUPERINTENDENT.

   The City Superintendent shall have the authority to enter upon private premises at all reasonable times for carrying out the provisions of this chapter.

(Prior Code, § 22-5) (Ord. 453, passed - -)

§ 93.06 ABATEMENT OF NUISANCES; PROCEDURE; COST.

   (A)   (1)   Whenever the City Council or the City Superintendent finds with reasonable certainty that a public nuisance, as defined in§ 93.02, exists, he or she shall cause it to be sprayed, removed, burned or otherwise abated in a manner as to destroy or prevent as fully as possible the spread of Dutch elm disease or the insects known to carry this disease. A notice shall be given the owner that the nuisance shall be abated within a specified time, which shall be not less than ten days from the date of the notice, unless the Superintendent shall find that immediate action is necessary to prevent the spread of infection. If the owner fails to comply, the Superintendent shall cause the abatement thereof.

      (2)   No damage shall be awarded the owner for destruction, pursuant to this section, of any possible diseased tree, elm wood, elm material or any part thereof.

(Prior Code, § 22-6)

   (B)   (1)   The entire cost of abating any public nuisance, as defined in § 93.02, or of spraying any possible diseased tree in accordance with division (A) above may be charged to or assessed against the parcel or lot abutting on the street, alley, boulevard or parkway upon or in which the tree is located or the parcel or lot on which the tree stands. The cost of abating the nuisance which is located in or upon any park or public grounds shall be borne by the city.

      (2)   If the cost of remedying a condition is not paid within 30 days after receipt of a statement from the City Administrator, the cost shall be levied against the property as a special assessment and shall be collected in the same manner as other taxes against the property.

(Prior Code, § 22-7)

(Ord. 453, passed - -)