§ 78-61. Infected trees declared nuisance.

(a)

All species and varieties of elm trees (trees of genus ulums ) infected with the fungus known as Dutch elm disease ( Ceratostomella ulmi ) or any ash tree infested with Emerald Ash Borer ( Agrilus planipennis Fairmaire ) as determined by the city forestry division, are hereby declared to be a public nuisance. All such trees shall be removed within 30 days following notification of such infection or infestation. It is unlawful for any person, being the owner of the property whereon such a tree is situated, to possess or keep such a tree after the expiration of the 30-day period following notification of the infection or infestation on their property.

(b)

All species and varieties of ash or elm trees that are dead or substantially dead, or parts thereof, which, because of their condition or location, may serve as a breeding place for the European elm bark beetle ( Scolytus multistriatus ), the native elm bark beetle ( Hylurgopinus rufipes ), and the Emerald Ash Borer ( Agrilus planipennis Fairmaire ), are hereby declared to be public nuisances.

(Code 1996, § 78-61; Ord. No. F-1497, § 1, 6-21-2010)