2005-08-24 CC Packet - Laserfiche WebLink

Home Browse Search

I) 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 Hylungopinus Rufipes (Marsh); 2) Any dead elm tree or part thereof, including 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; 3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum; 4. Any dead or dying tree or part thereof which in the opinion of the designated officer constitutes a hazard, and including but not limited to logs, branches, stumps, roots, or oak tree material which has not been stripped of its bark and burned or sprayed with an effective fungicide; 5) Any other shade tree with an epidemic disease. 6) It is unlawful to transport bark-bearing elm wood in or through the city without securing a permit therefore from the City Administrator. (W) Four or more code violations, fire calls or other nuisance complaints requiring enforcement response within a 30-day period. 91.07 ENFORCEMENT. A) The Enforcement Official shall enforce the provisions relating to nuisances. The enforcement official shall have the authority to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life and safety, or when the owner, resident, or other person in control of the property has granted permission, or when a violation can be seen without entering the property, the Enforcement Official shall obtain an administrative search warrant to enter private property. B) The Enforcement Official may commence enforcement action by citation, complaint or civil proceeding. 91.08 ABATEMENT. A) Notice to remove. When there exists on private property a condition which is in violation of this chapter, a notice to remove the offensive matter shall be served by the City Council or its agent upon the owner, agent or occupant. The notice may be served personally or may be served by mail. In all cases where the owner is not in the city or can not be found therein, then notice shall be sent to the last known address. The notice shall describe the matter to be removed and require the removal thereof within 10 days, including Saturdays, Sundays and holidays. .~t