A. The common council declares the following to be public nuisances:

1. Any living or standing elm tree or part thereof infected with Dutch elm tree disease;

2. Any dead elm tree or part thereof, including logs, stumps, branches, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying insecticide.

B. Definitions. Whenever used in this section, unless a different meaning is apparent from the context:

"Disease" means Dutch elm disease, a disease of elms caused by the fungus ceratoystis ulmi, (Buisman) Moreau, as well as the causal fungus.

"Treatment" means the application of insecticides or fungus and vector destroying chemicals, or the removal of all bark or the burying beneath at least twelve (12) inches of soil.

"Tree material" means any elm firewood, stump, log, trunk, limb, branch or other bark-bearing part of an elm tree.

"Vector" means the native elm bark beetle and the smaller European elm bark beetle which transmits the fungus to elm trees and elm tree material.

C. Right of Entry. Every owner or occupant of real estate in the city shall permit authorized employees or agents of the city to enter upon the real estate at all reasonable times for the purpose of inspecting trees or tree material and the taking of samples and specimens therefrom.

D. Treatment of Disease. If an inspection made as above provided and subsequent laboratory tests disclose that any tree or tree materials are infected with the disease or fungus or infected with the vector, the common council shall give notice to the owner or occupant in writing to have such infected tree materials and such diseased tree treated or cut down and destroyed by burning within five days of such written notice. If the owner does not so destroy or treat such infected tree or material or so cut down and destroy such infested or diseased tree within five days after such notice is given, then the same shall be so destroyed or treated by city employees or its agents on order of the common council. An accurate record of the expense of such treating, cutting, hauling and burning shall be made and a report given to the common council who shall enter the amount against the respective real estate in the next and subsequent tax roll as a special tax against such real estate, and the same shall be collected in all respects like other taxes upon real estate. If an inspection and subsequent laboratory tests made as above provided disclose that the tree materials are not infected with the fungus or infected with the vector, the common council shall notify the owner that the tree materials are not infected or infested, but may require the owner to treat such tree materials within five days of the giving of such notice in the manner indicated therein. The owner shall notify the common council in writing of his compliance with the notice. If the owner does not comply with any notice given as provided in this chapter within five days after the same is given, then on the order of the common council such tree material shall be treated by the city employees and its agents or removed and destroyed by burning. An accurate account of the expense of treating, removal and burning of such tree material shall be kept and a report made to the city clerk-treasurer who will enter the amount thereof on the tax roll as provided above.

E. Keeping, Selling of Diseased Elm Tree Materials Prohibited. No person shall keep, store, sell, offer for sale, give away or transfer any elm tree material which is infected with the fungus or infected with the vector or transport the same except for the purpose of destroying. No person shall store, or permit to exist on his premises any elm tree materials for more than seven days during the period of April 15th of each year through the following October 15th unless the same shall have been treated with an insecticide approved by the common council or from which all bark has been thoroughly removed.

F. Burning Dead Elms Required. Every owner or occupant of real estate shall cause any dead elm tree or part thereof, including limbs, branches, stumps, to be cut, trimmed, removed and destroyed by burning. The common council shall give notice to the owner in writing to have such dead tree or tree materials cut down and destroyed by burning within five days of receipt of such written notice. If the owner does not so destroy such dead tree or tree material within such five-day period, then the same shall be so destroyed or treated by the city employees or agents. An accurate record of expenses of such cutting, trimming, hauling and burning shall be made and a report given to the city clerk-treasurer, who shall enter the amount thereof on the tax roll as provided above.

G. Spraying. In the event that Dutch elm disease has been identified or found to be present in the city or in areas adjacent to the city, the common council may order that spraying or other treatment of such elm trees located on private or public property which it shall in its discretion deem necessary in order to prevent further spreading of the disease, such spraying or other treatment shall be done under the supervision of the common council and its authorized agents. An accurate record of the spraying and treating of elm trees located on private property shall be made and a report given to the city clerk-treasurer, who shall enter the amount thereof on the tax roll as provided above.

H. Disposal Area Provided. The common council shall provide and designate a suitable area for the treatment, disposal and burning of elm tree material cut or originating from within the city. All elm tree material delivered to the disposal area shall be burned within seven days during the period from April 15th of each year through the following October 15th. Said treatment or burning of elm material shall be performed by city employees under the direction of the common council. No person shall remove tree material from this area without the written permission of the common council. The common council shall cause the disposal area to be posted by signs informing the public of the specific purpose of the area and warning them of the penalties for violation of the provisions in this chapter.

I. Inspections Required. The common council shall employ qualified persons to conduct periodic inspections of elm trees and elm tree material within the city in order to discover infections by Dutch elm disease. (Prior code § 9-1-3)