(A) Trees constitute nuisances. The following are public nuisances whenever they may be found within the city:
(1) Any living or standing elm tree or part thereof infected to any degree with Dutch elm disease fungus Ceratocystis Ulmi (Buisman, Moreau) or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh) or Hylungopinus Refipes (Marsh);
(2) Any dead elm tree or part thereof, including limbs, branches, stumps, firewood or other elm material from which the bank has not been removed and burned or sprayed with an effective elm bark beetle insecticide;
(3) Any living or standing oak tree or part thereof infected to any degree with the oak wilt fungus Ceratocystis fagacearum;
(4) Any dead oak tree or part thereof which in the opinion of the Forester constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material, which has not been stripped of its bark and burned or sprayed with an effective fungicide; and
(5) Any other shade trees with an epidemic disease.
(B) Abatement.
(1) It is unlawful for any person to permit any public nuisance as defined in division (A) above to remain on any premises owned or controlled by him or her within the city.
(2) Those nuisances may be abated in the manner prescribed in § 90.23 and/or appropriate criminal prosecution may be commenced.
(1986 Code, § 805.04) Penalty, see § 10.99