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2 198575v4 Mayor with the concurrence of the Council. It shall be the duty of the forester to coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of shade tree diseases. He or she shall recommend to the Council the details of a program for the control and prevention of the diseases and perform the duties incident to such a program as adopted by the Council. Inspections may be performed by a designated tree inspector(s). Subd. 4. Interference Prohibited. It shall be unlawful for any person to prevent, delay or interfere with the forester or his or her tree inspector(s) or designee while they are engaged in the performance of duties imposed by this subsection. Subd. 5. Epidemic Disease Program. It is the intention of the City Council to conduct a program of pest control pursuant to the authority granted by Minnesota statues section 18G.13, as amended, directed at the control and elimination of Dutch elm disease, Ooak wilt disease, Emerald Ash Borer infestation, and elimination of other tree diseases and insect infestations and is undertaken at the recommendation of the Minnesota Commissioner of Agriculture. Subd. 6. Shade Tree Nuisances Declared. A. The following are hereby declared to be public nuisances whenever and wherever they may be found within the City: 1. Any 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 (Marsham) or Hylurgopinus Rufipes (Eichhoff); 2. Any dead elm tree or part thereof, including stems, 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 northern red oak (Quercus rubra, Quercus ellipsoidalis, and Q. palustris), or part thereof, infected to any degree with the oakwilt disease, Ceratocystis fagacearum. 4. Any living or standing white oak (Quercus alba), bur oak (Quercus macrocarpa), and swamp white oak (Quercus bicolor), that poses a threat of transmission of the oak wilt disease to other trees. 5. Red oak species deemed by the City forester or designated tree inspector to be a potentially diseased spore producing tree (PSPT) must be removed before March 15th of the year following complete tree wilt. Any removed red oak tree should be disposed of at an approved wood utilization site or properly treated, i.e. main stems cut into firewood length sections, split if appropriate, stacked and covered in clear plastic with the edges sealed at the ground line to prevent vector entry or escape. 6. Any Ash tree infested with the Emerald Ash Borer beetle, Agrilus Planipennis. 7. Other shade trees with epidemic diseases or epidemic insect infestations.