13-6. PUBLIC NUISANCES; INFECTED TREES.

   A.   The Village Board having determined that the health of the trees within the Village of Rochester may be threatened by fatal diseases, infections or infestations hereby declares the following to be public nuisances:

      1.   Any living or standing tree or part thereof infected or infested with an infectious agent or fungus, or which harbors any bark beetle or wood boring beetle.

      2.   Any dead tree or part thereof, including logs, branches, stumps, firewood or other material from which an infectious agent or fungus, or bark beetle or wood boring beetle, have not been removed.

   B.   No person shall permit any public nuisance as defined in subsection A to remain on any premises owned or controlled by him within the Village of Rochester.

   C.   Assessment of Costs.

      1.   The entire cost of abating any public nuisance as defined in subsection A. or of spraying any tree or part thereof which is located in or upon any part of public grounds shall be borne by the Village, and if on private grounds by the owner thereof pursuant to sections 8-8 and 8-9 of this Code.

      2.   In the event that the Village elects to undertake an area-wide spraying project, the Village Board shall keep strict account of the costs of work done under this section and shall report to the Village Clerk all work done for which assessments are to be made, stating and certifying the description of the land, lots, parts or lots or parcels of land and the amounts chargeable to each.

   D.   Transporting of Diseased or Infested Trees and Wood Prohibited. No person shall transport within the Village of Rochester any diseased or infested trees, wood or material without first securing the written permission of the Village Board.

(Ord. 2021-2, passed 7-13-2021)