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(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 - -)
Whenever the City Superintendent shall determine that any possible diseased tree or material is infected with Dutch elm disease, he or she may cause to be sprayed all high value elms within a 500-foot radius thereof with an effective tree parasite destroying concentrate. Before spraying of any possible diseased tree on private property, the owner shall be notified.
(Prior Code, § 22-8) (Ord. 453, passed - -)
No person shall transport within the city any bark bearing elm wood without first securing the written permission of the City Superintendent.
(Prior Code, § 22-9) (Ord. 453, passed - -) Penalty, see § 93.99
All persons shall refrain from planting trees of any species that would interfere with overhead, electric or transmission lines.
(Prior Code, § 22-11) (Ord. 453, passed - -) Penalty, see § 93.99
(A) Sections 1.0109 through 1.0111 of 3 State Code of Agency Rules, Department of Agriculture, Shade Tree Program (1978 Edition), together with amendments thereof to date, are hereby adopted by reference and made a part of this section as if set out in full, except as hereinafter provided. A copy of the agency rules herewith incorporated is on file in the Administrator’s office.
(B) The stockpiling of bark-bearing elm wood within the city limits shall be permitted during the period from September 15 through April 1 of any given year. Any wood not utilized by April 1 of any year must then be removed and disposed of as provided by this section and the regulations incorporated hereby.
(C) Where the provisions of this section conflict or are inconsistent with any other ordinance of the city, the provisions of this section shall supersede except in instances where one regulation is more restrictive than another, in which case the more restrictive shall apply and control.
(Prior Code, § 22-11.1) (Ord. 516, passed - -; Ord. 762, passed - -) Penalty, see § 93.99
BOULEVARD TREES
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BOULEVARD TREE. Any tree that falls within the city street right-of-way (city street right-of-way is normally 33 feet from the centerline on most residential streets).
(Prior Code, § 22-12) (Ord. 497, passed - -)
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