The Director of Public Service and the Urban Forestry Manager are hereby authorized to inspect any tree within the City reported or supposed to be infected with Dutch elm disease, the virus disease phloem necrosis (commonly known as elm blight), or oak wilt. If upon such inspection, the Director or the Urban Forestry Manager determines that such tree is infected with a contagious disease, he shall, if the tree is in any public street, ground or place within the City, immediately remove same in such manner as to prevent as fully as possible the spread of such disease. If such tree is located on private property, and so located that it may by the means of spreading disease to trees upon any other properties, the Director or the Urban Forestry Manager shall immediately serve written notice upon the owner of such property that such tree is so infected and that the same shall be removed and disposed of under the supervision of and in the manner as directed by the Director and/or the Urban Forestry Manager within five days of the service of such notice. If such owner cannot be found, a copy of the notice shall be posted upon the infected tree. If the tree is not removed and disposed of within five days after the service or posting of the notice, the Director or the Urban Forestry Manager shall cause the tree to be so removed and disposed of. The cost of the removal and disposal shall be reported to Council and to the owner of the property if he can be found. If the cost is not paid within thirty days of such report, the owner of the property shall be liable to the City for the cost of such removal and disposal, to be recovered in a civil action before any court having jurisdiction and/or to be placed upon the owner's tax duplicate by appropriate action of Council.
(Ord. 1993-143. Passed 7-15-93; Ord. 2003-167. Passed 7-17-03.)