(a) Declaration of Nuisance. The following conditions are hereby declared to be nuisances: any tree, plant or shrub, or any limbs, wood, cuttings or portion thereof which are infected with ceratocystis ulmi, otherwise known as the fungus causing Dutch elm disease.
(b) Prohibition. No person shall harbor or maintain any nuisance defined herein.
(c) Abatement. Whenever the Safety-Service Director determines that any of the nuisances defined herein exist, he shall cause its abatement and cause the cost of the abatement to be charged and collected in the manner provided herein.
(d) Contents of Abatement Notice. When a nuisance is located on or originates from private property, the Director, on finding that the nuisance exists, shall cause written notice to be served on the owner of such property. The notice shall set forth the nature of the nuisance, the Director's estimate of the cost of abating the same, if done by the City, a reasonable time determined by the Director, not to exceed thirty days, within which the owner shall abate the nuisance, and the statement that unless the nuisance is abated within the stated time, it shall be abated by the City and the cost of abatement assessed against the real estate on which the nuisance is located.
(e) Service of Notice. The notice may be served by delivering it personally to an owner, leaving it at the owner's usual place of business or residence, posting it in a conspicuous place on such real estate, mailing it to the owner at his last known address, or by publishing it once in a newspaper of general circulation within the City, if it cannot be served in any of the other ways abovementioned.
(f) Abatement by City; Cost Assessment. If the nuisance is not abated within the required time, the Director shall cause its abatement and shall report the cost thereof to Council which may assess the same, together with interest, upon the real estate on which the nuisance existed.
(g) Nuisance on City Property. When the nuisance exists on property owned by the City, the Director shall abate the nuisance at the expense of the City and no notice shall be required preliminary to abatement.
(Ord. 8-63. Passed 5-20-63.)
(h) Noncompliance. Failure to comply with such notice shall subject such person to the penalty provided for the violation of this chapter in addition to the right of the Municipality to remedy the nuisance.
(Ord. 24-68. Passed 9-3-68.)