§ 91.09 DISEASED TREES DECLARED PUBLIC NUISANCE.
   (A)   Nuisance trees. The following are public nuisances 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 Hylurgopinus Rufipes (Mars);
      (2)   Any dead elm tree or part thereof, including logs, 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; and
      (3)   Any tree or part thereof including logs, branches, stumps, firewood or other oak material which exhibits the symptoms of oak wilt including but not limited to unusual or premature changes in leaf coloration, disease fungus or fungus bulges in bark.
   (B)   Abatement.
      (1)   No person shall permit any public nuisance diseased tree to remain on any premises owned or controlled by that person within the city.
      (2)   These nuisances may be abated pursuant to Chapter 90.
(1987 Code, § 602.09)