§ 235-10. Diseased trees.

A. 

Private trees. When the Director of Public Works shall discover that any tree growing on private property within the City is afflicted with any dangerous and infectious insect infestation or tree disease, he or she shall forthwith serve a written notice upon the owner or his or her agent, or the occupant of the property, in the manner specified in § 235-12, describing the tree, its location and the nature of the infestation or tree disease and ordering the owner, agent or occupant to take such measures as may be reasonably necessary to cure such infestation or disease and to prevent the spreading thereof, specifying the measures required to be taken. Such order may require the pruning, spraying or destruction of trees as may be reasonably necessary. Every such notice shall be complied with within 10 days following service thereof upon the owner, agent or occupant of the property on which the afflicted tree is located, or within such additional time as may be stipulated in such notice.

B. 

Dutch elm disease. Regulation No. 613 of the State Department of Agriculture declares elm trees and wood infected by Dutch elm disease to be a public menace. Together with other public acts of the state, this regulation provides the framework for municipal control of diseased trees on private and public property.

C. 

Nuisance; removal; burning. Trees of all species and varieties of elm, zelkova and planera, affected with the fungus ceratostomella ulmi, as determined by laboratory analysis, are hereby declared to be a public nuisance and shall be removed and burned within 10 days following notification of the discovery of such infection. No person, being the owner of property whereon such a tree is situated, shall possess or keep such a tree after the expiration of 10 days following notification of the discovery of such infection.

D. 

Removal of dead or dying trees. Trees or parts thereof of elm, zelkova or planera in a dead or dying condition that may serve as a breeding place for the European elm bark beetle, scolytus multistriatus, are hereby declared to be public nuisances. No person owning property whereon the same is situated shall possess or keep the same.