(A) If the forester and/or tree inspector finds with reasonable certainty that the infestation defined as a public nuisance herein exists in any tree or wood in any public or private place in the city, and that the danger of infestation of other oak trees is imminent, the forester and/or tree inspector shall notify the owner of the property on which such tree or wood is located by certified mail that the nuisance shall be abated within a specified time, not less than ten days from the date of mailing of the notice. The forester and/or tree inspector shall immediately report the action to the City Board. It shall be the obligation of the property owner to carry out the abatement procedures, within the time frames established by the forester and/or tree inspector, determined by the scope of the problem, physical limitations, and the like. After the expiration of the time set forth in the notice, the forester and/or tree inspector may abate the nuisance unless a request for a hearing has been filed as provided in division (B) below. The cost of the abatement, plus an administrative fee of $50, shall be assessed against the owner of the property involved or against the property itself.
(B) Any property owner who feels aggrieved by an order of the forester and/or tree inspector issued pursuant to division (A) above may request a hearing before the City Board. The request shall be filed with the City Clerk, in writing, within ten days after the date of the mailing of the notice by the forester and/or tree inspector. Upon receipt of the request, the matter shall be placed before the City Board at its next meeting. The City Clerk shall notify the property owner of the date, time, and place of the meeting. All actions by the forester and/or tree inspector shall be suspended until the hearing. The property owner may appear with counsel, if he or she so chooses, and present evidence in apposition to the order of the forester and/or tree inspector. Following the hearing, the City Board shall make a determination of the facts and shall, based upon the determination affirm, repeal, or modify the order of the forester and/or tree inspector. The City Board shall also establish a date for compliance of the order as affirmed or modified, which date shall be not less than five days thereafter. Upon expiration of the time limit, the forester and/or tree inspector may abate the nuisance.
(C) (1) To reduce the incidents of overland or long range spread of oak wilt fungus and to prevent oak wilt fungus from producing spores during the hazardous spring period, bark intact diseased material resulting from any tree that wilted from oak wilt in July or August of one year may be declared a nuisance, as defined in § 94.03, for the spring of the following year as determined by the forester and/or tree inspector. The hazardous spring period for overland or long range spread of oak wilt fungus shall be defined as April 15 to July 1.
(2) Any owner who has been notified by certified mail of any oak wood or tree material declared to be a public nuisance located on the person’s property may abate the diseased trees as described. The diseased tree may be used as fuel wood or be salvaged for other purposes. The wood must be debarked, dried, or else completely covered by heavy plastic, four mil or greater, from April 15 until July 1 of the year following the appearance of the oak wilt symptoms. After this time the wood or tree material will no longer be a public nuisance. Any branch greater than two inches in diameter of the red oak group determined to be hazardous and not to be salvaged shall be disposed of by burning, chipping, or removal to an authorized dump site prior to April 15 of the year following the appearance of the symptoms.
(3) Dead standing wood or tree material of the red oak group that has advanced beyond the potential for spore production need not be removed except where it constitutes a hazard to life and/or property. The forester and/or tree inspector shall determine this status in response to a resident’s complaint.
(4) Stumps of trees of the red oak group removed due to oak wilt shall be completely covered with a minimum of two inches of compacted soil, removed, or debarked to the ground line to eliminate all possibilities of spore formation and overland disease spread.
(5) The pruning of oaks shall be avoided during the most susceptible period of infection, April 15 to July l. If wounding is unavoidable during this period, as in the aftermath of a storm or when the tree interferes with utility lines, a tree wound dressing shall be applied immediately.
(D) If the forester and/or tree inspector finds a nuisance which has the potential of infestation via common root networks to abutting property, the property owner of the abutting property shall be notified of the existing nuisance and proper abatement procedures shall be conducted based on current technology and plans as may be designated by the state’s Commissioner of Agriculture.
(Ord. 52, passed 7-18-1995)