73-6.05 ORD (1973) - Laserfiche WebLink

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.rl . . . . . . I . ~ ORDINANCE NO. 6.05 ORDINANCE DECLARING THE DUTCH ELM DISEASE TO BE A PUBLIC NUISANCE AND PROVIDING FOR ITS ABATEMENT The Village Council of Elk River ordains: j . , Section 1. Definition-nuisance.) All species and varieties of elm trees (trees of genus Ulmus) infected with the fungus known as the putch elm disease (ccrto:,totnella UImi) as determined by appropriate lab. o~a.tOJ;'Y".....'~llaJ.ys.:j.saf'f: hereby declared to be a public nuisance. .' .' '. .' \:..... " '.. ..... ~.,.t... . .' . '. .... . " . All species and varieties of elm trees that are dead or sub- stantially dead and all dead elm wood to which the bark is still attached, which, because of their condition, may serve as a breeding place fur the European elm bark beetle(Scolytus multistriatus), and the native elm bark beetle (Hylurgopinus rufipes), or any other carrier of said disease, are hereby declared to be public nuisances. Section 2. Enforcing officer.) The superintendent of streets shall perform the duties set forth in this ordinance and shall enforce the provisions of this ordinance. He may have such assistance as the Village Council shall from time to time provide for. Section 3. Abatement of nuisance by owner of property.) It shall be unlawful for any owner of any lot or parcel of land in the Village to permit or maintain on any such lot or parcel of land any dead elm wood or elm tree which is a public nuisance as defined herein, and it shall be the duty of the owner of such to promptly remove and butnanysuch elm tree or dead elm wood under the supervision and direction of the superintendent of streets. Section 4. Inspection.) The superintendent of streets is authorized and empowered to enter upon any lot or parcel of land in the city at any reasonable hour for the purpose of inspecting any elm trees or dead elm wood situated thereon and he may remove such specimens from any such trees as are required for the purposes of the laboratory analysis referred to. in this ordinance, or to determine whether such tree because if is dead, or substantially dead, may serve as a breeding place for any carrier of Dutch elm disease. It shall be unlawful for any person, firm or corporation to take any action to prevent the superintendent of streets from entering on any lot or parcel of land in the city for the purpose of such inspection or to interfere with the superintendent of streets in the performance of any of his duties pro- vided for under the provisions of this ordinance. Section 5. Notice to owner.) If, on laboratory analysis of specimens removed from any elm tree by the superintendent of streets, it is determined that such tree is a public nuisance as provided herein, or if the superintendent of streets determines that any dead, or sub. stantially dead elm trees, or dead elm wood, is a public nuisance as provided herein the superintendent of streets shall serve or cause to be served upon the owner of record of the lot or parcel of land on which such tree or dead elm wood is located, a written notice requiring such owner to comply with the provisions of this ordinance. If any person, firm or corporation upon whom such notice is served, fails, neglects or refuses to remove and destroy by burning, such elm tree or dead elm wood within ten days after service of such notice, the superintendent of streets, may proceed to remove and burn such tree or dead elm wood and assess the cost thereof against the owner of such lot or parcel of land and the amount of such cost shall be paid by the owner to the Village. Service of notice provided for in this ordinance shall be by personal service if the owner of the lot or parcel of land on which an infected elm tree is located is a resident of the Village. If such owner cannot be found in the Village or is a nonresident of said Village, written notice shall be served by registered mail and by publication at least once in a newspaper of general circulation in the Village.