(a) Any Ash tree or state-designated tree with the City, which is infected with Emerald Ash Borer Disease, is hereby declared a public nuisance.
(b) The City shall, pursuant to Section 194 of the Charter, which provides that it shall have the power to prohibit the maintenance of diseased trees and shrubbery on private premises, shall have the right to enter premises for the purpose of inspecting and determining whether any Ash tree located on private property is or may be infected, with the Emerald Ash Borer Disease, and if any tree is found to be so infected, to place a distinguishing mark thereon.
(c) Every person owning any Ash tree located within the City limits, and on a portion of private property, which is not a public easement for the right-of-way, shall remove such tree at his or her expense, within twenty days after notice by the Department of Public Services, that such tree has been infected with Emerald Ash Borer Disease. The City, may, at its option, either through use of its own equipment and personnel, or through arrangements with a private contractor, offer tree removal services with respect to such infected Ash trees; if such service is available. Any owner shall be deemed to have complied with the requirements of these sections if, after twenty days after the notice, the owner has authorized the City in writing, to remove such infected Ash tree at the owners cost, expense and responsibility.
(d) In the event the Department of Public Services determines, with the concurrence of the Mayor, that immediate action is required to abate such public nuisance, the City may, with three days notice, and without allowing the twenty days to take such action, remove such infected Ash tree. The cost of such emergency abatement may be charged against the owner or against the premises.
(e) No person shall store, sell, deliver or bring into the City, wood from any Ash tree to be used as firewood or for any other purpose. Homeowners, contractors, and/or the City will use regional drop sites designated by the State of Michigan for the disposal of the trees.
(f) The City may, subject to the approval of the City Council, promulgate additional rules and regulations pertaining to the removal, care, maintenance or protection of trees which are, or may become infected with the disease as may be necessary to protect the property, health or safety of the public.
(Ord. 776. Passed 5-7-03; Ord. 829. Passed 6-14-06.)