§ 96.03  REMOVAL OF NUISANCES.
   (A)   If the City Forester shall determine upon inspection or examination that any public nuisance as herein defined exists in or upon a public street, alley, park, or public place, including the terrace strip between the curb and lot line, within the city, said officer shall immediately cause it to be removed and burned or otherwise abate the same.
   (B)   If upon inspection or examination it shall be determined with reasonable certainty that any public nuisance as herein defined exists in or upon private premises within the city, written notice shall be served upon the owner of such property, if he or she can be found, or upon the occupant thereof, to remove such nuisance within specified days of service of said notice. If said owner or occupant does not remove said nuisances within the time specified in such notice, the City Council shall cause it to be removed and burned or otherwise abate the same. No damage shall be awarded to the owner for destruction of any elm tree, elm wood, or any part thereof pursuant to this section. The tree is presumed to be diseased and subject to removal unless said owner or occupant has shown that the tree is not so diseased by sending in specimens to the plant Pathology Department, SDSU, Brookings, and received a negative report thereon.
   (C)   All removals shall be made in such manner as to destroy or prevent as fully as possible the spread of Dutch Elm Disease or the insect pest or vectors known to carry such disease fungus.
   (D)   Whenever it is determined that any elm tree or any part thereof is infected with Dutch Elm Disease fungus, the City Council may cause to be treated all trees located on public property within a 1,000- to 1,500-foot radius thereof with an effective elm bark beetle destroying insecticide.
(Prior Code, § 6-11-3)