(A) Trees constituting 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 the Dutch elm disease fungus Ceratocystis Ulmi (Buisman, Moreau) or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part thereof, including legs, branches, stumps, firewood or other elm material from which the bark 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 city 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. 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. Such nuisances may be abated in the manner prescribed by this chapter.
(2009 Code, § 802.04) Penalty, see § 10.99