(A) Any elm tree, whether located on public or private property within the city, which is infected with the Dutch elm disease fungus (Ceratostomella ulmi), is declared to be a public nuisance.
(B) Any elm tree or part thereof, whether located on public or private property within the city, which harbors either of the bark beetles (Scolytus multistriatus and Hylurgopinus rufipes), which carry and transmit Dutch elm disease, is declared to be a public nuisance.
(C) Any public nuisance under this section shall be abated by the owner of the premises upon which such nuisance is located or which adjoins that portion of a street or alley where such nuisance is located within five days after service of notice thereof on such owner by the City Manager in accordance with the provisions of § 36.02(A).
(D) If, at the expiration of the time limit in said notice, the owner has not complied with the requirements thereof, the City Manager shall cause the requirements of said notice to be carried out. The cost of such abatement shall be charged against the premises and the owner thereof in accordance with the provisions of § 33.21, except that such part of the cost as the Council may have authorized shall be assumed by the city.
(E) Any person abating any nuisance under this section shall comply with the provisions of the applicable laws of the state and regulations adopted pursuant thereto.
(Prior Code, § 95.04) (Ord. D-367, passed 8-8-1955, effective 8-8-1955; Ord. D-606, passed 4-22-1963, effective 5-2-1963; Ord. D-752, passed 10-31-1966, effective 11-10-1966)