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1 prescribe control measures to effectively eradicate, control, or manage the shade 2 tree pest, including necessary timelines for action. 3 4 5 706.14: PUBLIC NUISANCES DEFINED: A shade tree pest, as defined by 6 section 706.13, occurring within a defined control zone is a public nuisance. 7 8 9 706.15: SHADE TREE PEST NUISANCES ARE UNLAWFUL: It is unlawful for 10 any person to permit any public nuisance as defined in this section to remain on any 11 premises the person owns or controls within the city. The nuisance may be abated as 12 provided in this section. 13 14 15 706.16: DECLARED SHADE TREE PESTS, CONTROL MEASURES, AND 16 CONTROL AREAS: 17 SUBS. 1. Oak Wilt. 18 19 (A) Oak wilt disease is a shade tree pest and is defined as any living or dead tree, 20 log, firewood, limb, branch, stump, or other portion of a tree from any species of the 21 genus Quercus existing within the control area defined that has bark attached and 22 that exceeds three (3) inches in diameter or ten (10) inches in circumference and 23 contains to any degree any spore or reproductive structures of the fungus 24 Ceratocystis fagacearum. 25 26 (B) Control measures that may be taken to abate oak wilt disease are: 27 (1) Installation of a root graft barrier. A root graft barrier can be ordered 28 installed to prevent the underground spread of oak wilt disease. The city will 29 mark the location of the root graft barrier. The barrier disrupts transmission 30 of the fungus within the shared vascular systems of root grafted trees. The 31 barrier is created by excavating or vibratory plowing a line at least forty-two 32 (42) inches deep between any oak tree infected with oak wilt disease and 33 each nearby and apparently healthy oak tree within fifty (50) feet of the 34 infected tree. 35 36 (2) Removal and disposal of trees. 37 (a) On property zoned for residential and commercial use. On property that is 38 zoned residential and commercial the city may mark for removal trees that 39 have the potential to produce spores of the fungus Ceratocystis fagacearum. 40 After, and in no case before, the installation of the root graft barrier and no 41 later than May 1 of the year following infection, a l l marked trees must be 42 felled. The stump from such felled trees must not extend more than three 43 inches above the ground or, if taller, must be completely debarked. 44 45 If, however, after the city prescribes the location for a root graft barrier, the 46 city determines that installation of the barrier is impossible because of the 47 presence of pavement or obstructions such as a septic system or utility line, 48 the city may mark for removal a l l oak trees whether living or dead, infected 49 or not and located between an infected tree and the marked barrier location. 50 These marked trees must be felled and disposed of no later than May 1 of the 51 year following infection. The stump from such felled trees must not extend 52 more than three inches above the ground or, if taller, must be completely 53 debarked. 54 9