11.1 SR 03-04-2024 - Laserfiche WebLink

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(Code 1982, § 504.00; Ord. No. 13-11, § 2, 5-20-2013)  Sec. 82-32. - Duties of city administrator. It is the duty of the city administrator or designee to coordinate all activities of the city relating to control and prevention of diseased and insect-infested trees. The city administrator or designee shall recommend to the Council the details of a program for the control of diseased and insect-infested trees and perform the duties incident to such a program as adopted by the Council. (Code 1982, § 504.02; Ord. No. 13-11, § 3, 5-20-2013)  Sec. 82-33. - Control program. It is the intention of the Council to conduct a program of plant pest control. This program is directed specifically at the control and elimination of any diseased or insect-infested trees. The city administrator or designee shall act as coordinator between the commissioner of agriculture, when necessary, and the Council in the conduct of this program. (Code 1982, § 504.04; Ord. No. 13-11, § 4, 5-20-2013)  Sec. 82-34. - Declaration of nuisance. (a) The following things are declared to be public nuisances wherever and whenever they may be found within the city: (1) Any living or standing oak tree or part thereof infected to any degree with the oak wilt disease fungus Ceratocystis fagacearum. (2) Any living or standing elm tree, or part thereof, infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi, or any tree or elm wood which harbors any of the elm bark beetles Scolytus multistriatus or Hylurgopinus fufipes. (3) Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material, which has tight bark. (4) Any ash tree or part thereof, infected to any degree with the Emerald Ash Borer. (5) Any other tree infected with a disease or insect infestation. (b) It is unlawful for any person to permit any public nuisance as defined in subsection (a) of this section to remain on any premises owned or controlled by such person within the city. Such nuisance may be abated in the manner prescribed by this article. (Code 1982, § 504.06; Ord. No. 13-11, § 5, 5-20-2013) Cross reference— Nuisances, ch. 46.  Sec. 82-35. - Inspections; right of entry; identification of diseased trees. (a) The city administrator or designee shall inspect all premises and places in the city as often as deemed appropriate to determine whether any condition described in section 82-34 (a) exists within the city. The city administrator or designee shall investigate all reported incidents of infestation by oak wilt fungus, Dutch elm fungus, Dutch elm bark beetles, Emerald Ash Borer or any other disease or insect infestation of trees. (b) The city administrator or designee may enter upon private premises at any reasonable time for the purpose of carrying out any duties assigned under this article.