A. Whenever the city forester shall find with reasonable certainty on examination or inspection that any "public nuisance" as defined in this chapter exists within the city, he shall cause it to be sprayed, removed, burned or otherwise abated in such manner as to destroy or prevent as fully as possible the spread of Dutch elm disease fungus or the insect pests or vectors known to carry such disease.
B. Before abating any nuisance on private premises or in any terrace strip between the lot line and the curb, the forester shall proceed as follows:
1. If the forester shall determine that danger to other elm trees from said nuisance is not imminent because of elm dormancy, he shall make a written report of the findings to the common council who shall proceed as provided in section 27.09(4), Wisconsin statutes.
2. If the forester shall determine that danger to other elm trees within the city is imminent, he shall notify the owner or abutting owner of the property on which such nuisance is found in writing, if he can be found, otherwise by publication in a newspaper of general circulation in the city, that the nuisance must be abated as directed in the notice within a specified time, which shall not be less than ten (10) days from the date of such notice unless the forester shall find that immediate action is necessary to prevent spread of infection. If the owner fails to comply with the notice within the time limited, the forester shall cause the abatement thereof.
C. No damage shall be awarded to the owner for destruction of any elm tree, elm wood or elm material or any part thereof pursuant to this section. (1975 Code Ch. 10 § II; amd. 2009 Code)