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§ 98.08 NUISANCE DECLARED AND ABATEMENT.
   (A)   The following things are hereby declared to be public nuisances whenever they may be found within the city:
      (1)   Any standing or living tree or part thereof infected to any degree with the Dutch elm disease fungus, Ceratocystis ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus multistriatur (Eichh) or Hyplurgopinus rufipes (Marsh);
      (2)   Any living or standing tree or part thereof in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus, Ceratocystis fagacerum (Bretz) Hunt; and
      (3)   Also, any living or standing tree in the white oak group (white oak, bur oak, bicolor oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems.
   (B)   It shall be unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned or controlled by him or her within the city. The nuisance may be abated in the manner prescribed by this chapter.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
§ 98.09 INTERFERENCE WITH CITY FORESTRY DEPARTMENT.
   It shall be unlawful for any person to prevent, delay or interfere with the Forestry Department or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds, as authorized in this chapter.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
§ 98.10 DESTRUCTION OF TREES ON PUBLIC PROPERTY.
   It shall be unlawful for any person to remove, alter or destroy any street tree or park tree without the prior authorization of the city.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
§ 98.11 RIGHT OF REVIEW BY CITY COUNCIL.
   Any person aggrieved by any ruling or order of the Forestry Department acting as municipal tree body may appeal to the City Council, which shall hear the matter and make a final decision. The City Council shall have the right to review the conduct and decisions of the Forestry Department. The City Council may modify, affirm or reverse any determination of the Forestry Department.
(Ord. 419, passed 3-9-1992)
DUTCH ELM DISEASE
§ 98.25 DECLARATION OF POLICY.
   (A)   The City Council has determined that the health of the elm and oak trees within the municipal limits of the city are threatened by fatal diseases known as Dutch elm disease and oak wilt, respectively.
   (B)   It has further been determined that the loss of elm and oak trees growing upon private and public property would substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public.
   (C)   It is declared to be the intention of the City Council to control and prevent the spread of these diseases and this subchapter is enacted for that purpose.
(Ord. 419, passed 3-9-1992)
§ 98.26 DESIGNATION OF A TREE DISEASE CONTROL AREA.
   The City Council shall designate a Dutch elm disease and/or an oak wilt control area within the city in which this chapter and established control procedures shall be enforced.
(Ord. 419, passed 3-9-1992)
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