8.52.010 Nuisance declared

The following conditions shall be declared to be public nuisances whenever found to exist within the City and shall be abated as provided herein:

1. Any living or standing tree or shrub or part thereof infected to any degree with any disease, fungus, or insect which is, in the judgment of the Park and Recreation Department, harmful to said tree;
2. Any dead tree or part thereof, including logs, branches, stumps, firewood or any portion of any diseased tree which has not been disposed of in accordance with the regulations of the Park and Recreation Department. (Ord. 2491 §2(Exh. B(part)), 1988).

8.52.020 Maintaining nuisances unlawful

It is unlawful for any person to willfully permit any public nuisance as defined in Section 8.52.010 hereof, to remain on any property controlled by any person within the City. (Ord. §2(Exh. B(part)), 1988).

8.52.030 Inspection and investigation

1. The Park Superintendent, or such other person as may be designated by the City Manager, shall inspect all premises and places within the City as often as practical to determine the existence of such nuisances.
2. The Park Superintendent or such other person as may be designated by the City Manager may with the consent of the owner enter upon private premises at any reasonable time for the purpose of carrying out an inspection of the premises of the collection of appropriate specimens or samples for diagnosis. If such consent cannot be obtained, the authorized representative shall have resources to other legal process inclusive of a search warrant to secure entry.
3. The Park Superintendent or such other person as may be designated by the City Manager shall, with reasonable cause to believe that a tree is diseased, immediately obtain and furnish appropriate specimens or samples to a qualified plant diagnostician for diagnosis. No action to remove such trees or wood shall be taken until a reasonably certain diagnosis of the disease has been made.
4. Within five days of receipt of the diagnosis, the owner of the property from which the specimen or sample was obtained shall be notified by the Park and Recreation Department of the results by certified mail or personal delivery. (Ord. 2491 §2(Exh. B(part)), 1988).

8.52.040 Abatement of nuisances on public property

In abating the nuisance of public streets, alleys, boulevards or public ways as defined in Section 8.52.010 hereof, the Park Superintendent shall cause the infected tree or wood to be removed or otherwise effectively treated so as to destroy and prevent as fully as possible any tree disease, fungus or harmful insect. (Ord. 2491 §2(Exh. B(part)), 1988).

8.52.050 Abatement of nuisances of private or governmental property

Whenever the Park Superintendent or such other person as may be designated by the City Manager finds with reasonable certainty that any tree disease, fungus or harmful insect exists in any tree, shrub or wood located on private property outside any public way in the City, or upon property owned and controlled by a governmental unit other than the City, the owner or person in control of such property shall be notified in writing by certified mail, or by personal delivery the existence of the nuisance and direct that the nuisance be removed, burned, buried or otherwise effectively treated in the approved manner within twenty days after mailing of such notice. The notice shall state that if such nuisance shall not be abated by the owner within the time provided, the Park and Recreation Department shall proceed to have such nuisance properly abated or eliminated. The notice shall further contain:

1. The address or other description sufficient to identify the premises where such nuisance is located;
2. A statement that certain vegetation or other property has been found to be a nuisance as herein defined and a description of the conditions constituting such nuisance;
3. A statement of the action to be taken as determined by the Park Superintendent;
4. The office, address, phone number of an authorized representative of the City empowered to review the order of the Park Superintendent and the days and hours the same may be contacted:
   1. Such requests for review must be made within ten days of the date of notice or further review will thereafter be barred;
5. A statement that if the owner does not affect the order of the Park Superintendent within twenty days of the date of such notice, the Park and Recreation Department shall have the nuisance abated and the costs shall be levied as a special assessment lien of the premises. (Ord. 2491 §2(Exh. B(part)), 1988).

8.52.055 Specific procedure for abatement of Dutch Elm disease

1. No action to remove, destroy and dispose of wood infected with Dutch Elm fungus shall be taken until a reasonably certain diagnosis of the disease has been made. When such diagnosis has been made, the infected tree or wood shall be removed, destroyed and disposed of in a manner which will effectively destroy and prevent as fully as possible the spread of the Dutch Elm disease fungus.
2. When the presence of elm bark beetles has been discovered in or upon any living elm tree but the presence of Dutch Elm disease fungus is not then or thereafter diagnosed, the tree shall be treated in a manner which will effectively destroy and prevent as fully as possible the spread of the elm bark beetle. If such treatment is not, or, because of the extent of infestation, cannot be effective, the tree shall be removed, destroyed and disposed of.
3. Standing dead elm trees, elm logs, branches, stumps, firewood or other raw elm material from which the bark has not been removed and which are not infected with Dutch Elm disease fungus, shall have the bark removed, destroyed and disposed of or shall be treated in a manner which will effectively destroy and prevent as fully as possible the spread of the elm bark beetle. If such treatment is not effective, or, because of the extent of infestation, cannot be effective, the trees, logs, branches, stumps, firewood or other raw elm material shall be removed, destroyed and disposed of.
4. Specifications and procedures for the removal, destruction and disposal of trees and wood infected with Dutch Elm disease fungus, for treating live elm trees infested with elm bark beetles, and for removing, destroying and disposing of elm bark and treating dead elm trees, logs, branches, stumps, firewood and other raw material shall be established by the Director of Park and Recreation. (Ord. 2491 §2(Exh. B(part)), 1988).

8.52.060 Spraying

Whenever the Park Superintendent shall determine that any tree or part thereof is infected with any tree disease, fungus or harmful insect, and is in a weakened condition, he may cause all such trees within a specified radius thereof to be treated with an effective concentrate as may be recommended by the State Forester. (Ord. 2491 §2(Exh. B(part)), 1988).

8.52.070 Notice of operations

1. When trees on private property are to be treated, the Park Superintendent shall notify the owner of such property and proceed in accordance with the requirements of this chapter.
2. In order to facilitate the work and minimize the inconvenience to the public of any treating operations conducted under this chapter, the park supervisor shall cause to be given advance public notice of such operations by newspaper, radio, television, public service announcements or other effective means and shall also cause the posting of appropriate warning notices in the areas and along the streets where trees to be treated at least twenty-four hours in advance.
3. When appropriate warning notices have been given and posted, the City shall not allow any claim for damages to any vehicle or other property resulting from such treating operations. (Ord. 2491 §2(Exh. B(part)), 1988).

8.52.080 Transporting Elm wood prohibited

It is unlawful for any person to transport within the City any bark bearing elm wood without having obtained a permit therefore from the Director of Park and Recreation. The Director of Park and Recreation shall grant such permits only when the purpose of this chapter shall be served thereby and may impose such restrictions as deemed necessary. (Ord. 2491 §2(Exh. B(part)), 1988).

8.52.090 Interference prohibitive

It is unlawful for any person, firm or corporation to prevent, delay or interfere with the Park Superintendent, employees, or agents while they are engaged in the performance of the duties imposed by this chapter. (Ord. 2491 §2(Exh. B(part)), 1988).

8.52.100 Cost of abatement

The cost of abatement of any nuisance incurred by the City and not reimbursed by the owner on or before the September 15th of each year shall be reported by the Director of Park and Recreation to the City Commission. The City Commission shall assess the levy and cause the same to be collected as a special assessment lien against the subject premises. (Ord. 2491 §2(Exh. B(part)), 1988).