§ 14-27. Abatement of tree disease nuisances.

(a)

Dutch Elm and other tree diseases a public nuisance. Whereas the town board has determined that there are trees growing on public and private premises within the town, the loss of which would substantially depreciate the value of public and private property, impair the use and enjoyment of public and private premises and erode the tax base of the town, and that the health and life of such trees is threatened by fatal diseases such as Dutch Elm disease, which is spread by the elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.), the town board hereby declares its intention to control and prevent the spread of such disease and the insect pests and vectors which carry such diseases and specifically declares Dutch Elm disease and the elm bark beetles which carry such disease to be public nuisances.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Person means any person, firm or corporation.

Public nuisance means:

(1)

Fatal or deleterious tree diseases.

(2)

Elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.); Dutch Elm disease.

(3)

Any living or standing elm tree or part thereof infected with the Dutch Elm disease fungus or in a weakened condition which harbors any of the elm bark beetles, Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.).

(4)

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

(5)

Any other deleterious or fatal tree disease.

(6)

Any tree or part thereof which by reason of its condition and location is hazardous or dangerous to persons and property using or upon any public street, sidewalk, alley, park or other public or private place, including the terrace strip between curb and lot line.

(7)

Any tree or part thereof which is infested by the eastern tent caterpillar or other defoliating larvae.

Public property means property owned or controlled by the town, including, without limitation because of enumeration, public sites, parks, playgrounds, streets, alleys, sidewalks, boulevards, and the terrace strip between the lot line and the curb or improved portion of any public way.

(c)

Abatement of nuisances; duty of public works director.

(1)

Following authorization by the town board, the public works director shall order, direct, supervise and control the abatement of public nuisances as defined in this section by spraying, removing, burning or by other means which he determines to be necessary to prevent as fully as possible the spread of Dutch Elm disease fungus, other deleterious tree diseases or the insect pests or vectors known to carry such diseases.

(2)

Whenever the public works director after inspection or examination shall determine that a public nuisance as herein defined exists on public property in the town, the public works director shall immediately abate or cause the abatement of such nuisance in such manner as to destroy or prevent as fully as possible the spread of Dutch Elm disease, other deleterious tree diseases, or the insect pests or vectors known to carry such disease fungus.

(3)

Abatement of nuisance; written notice.

a.

When the public works director shall determine with reasonable certainty that a public nuisance exists upon private premises, the public works director shall immediately serve or cause to be served personally or by registered mail upon the owner of such property, if the owner can be found, or upon the occupant thereof, a written notice of the existence of such nuisance and of a time and place for a hearing, not less than 14 days after service of such notice, on the abatement action to be taken. Such notice shall describe the nuisance and recommend procedures for its abatement, and shall further state that unless the owner shall abate the nuisance in the manner specified in the notice, or shall appear at the hearing to show that such nuisance does not exist or does not endanger the health of trees in the town, the public works director shall cause the abatement thereof at the expense of the property served. If the owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the town.

b.

If, after the hearing is held pursuant to this subsection (3), it shall be determined by the town board that a public nuisance exists, it shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within five days after such hearing, the public works director shall proceed to abate the nuisance and cause the cost thereof to be assessed against the property in accordance with the procedures provided in this section. The public works director may extend the time allowed to the property owner for abatement work but not to exceed ten additional days.

(d)

Spraying.

(1)

Whenever the public works director shall determine that any tree or part thereof is infected with a deleterious or fatal tree disease or is in a weakened condition or harbors elm bark beetles, the public works director may cause all trees within a 1,000-foot radius thereto to be sprayed with an effective disease destroying concentrate or other insecticide, following prior authorization by the town board.

(2)

In order to facilitate the work and minimize the inconvenience to the public of any spraying operations conducted under this section, the public works director shall cause to be given advance public notice of such operations by newspaper, radio, television, public service announcements or other effective means and shall also cause the posting of appropriate warning notices in the areas and along the streets where trees are to be sprayed at least 24 hours in advance of spraying. When any residue or concentrate from municipal spraying operations can be expected to be deposited on any public street, the public works director shall also take all necessary steps to make and enforce temporary parking and traffic regulations on such streets as conditions require. Temporary "no parking," notices shall be posted in each block of any affected street at least 24 hours in advance of spraying operations.

(3)

When appropriate warning notices and temporary "no parking" notices have been given and posted in accordance with subsection (d)(2) of this section, the town shall not allow any claim for damages to any vehicle caused by such spraying operations.

(4)

When trees on private property are to be sprayed, the public works director shall notify the owner of such property and proceed in accordance with the requirements of subsection (c)(3) of this section.

(Prior Code, § 6-5-5)