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§ 12-1 TITLE 5 — PUBLIC WAYS AND PROPERTY § 12-7 Chapter 12 DUTCH ELM DISEASE Sec. 12-1: Public Nuisance Sec. 12-2: Identification of Trees Sec. 12-3: Unlawful to Interfere with Inspector Sec. 12-4: Rules and Regulations Sec. 12-5: Pruning or Removal of Tree Sec. 12-6: Removal of Trees by Owner Sec. 12-7: Disposing of Wood Sec. 12-8: Elm Wood Sec. 12-9: Cleaning Equipment Sec. 12-10: Violations; Penalties Sec. 12-11: Replacement of Trees Sec. 12-1. Public Nuisance. Any tree identified as having Dutch Elm Disease (DED) is hereby declared a public nuisance. Sec. 12-2. Identification of Trees. The Manager of the Department of Parks and Recreation (Parks Manager) or designee is hereby authorized to designate a City Arborist to identify, inspect, investigate, and declare to be nuisances trees within the City which are diseased or which contain quantities of dead material. Such inspector shall have the authority to enter on to private property to investigate possible disease, take samples or perform other necessary requirements, obtaining a search warrant if necessary. (Ord. 2021-09, 07/19/2021) Sec. 12-3. Unlawful to Interfere with Inspector. It shall be unlawful for any person to prevent, delay or interfere with an inspector or his/her agent while engaged in the performance of duties imposed by this Chapter in accordance with all state and federal laws and constitutional requirements. Sec. 12-4. Rules and Regulations. The Parks Manager or his/her designee is hereby granted the authority to promulgate such reasonable rules, regulations and specifications as may be necessary or proper to protect the elm trees within the City. (Ord. 2021-09, 07/19/2021) Sec. 12-5. Pruning or Removal of Tree. The owner of any tree which is declared a public nuisance as defined by this Chapter, shall remove said tree, including removal or debarking of the stump, or properly prune diseased portions of the tree if such action is directed. The Parks Manager may order removal, pruning, root severing, disposal or any other accepted procedures of any such tree giving the property owner ten (10) days written notice. The Parks Manager may extend this time period where the possibility that the DED fungus will spread to other trees is minimal. (Ord. 2021-09, 07/19/2021) Sec. 12-6. Removal of Trees by Owner. The property owner shall be responsible for removal, pruning, root severing, disposal or any other accepted procedures of all elm trees on private property or the right-of-way adjacent to private property infected with the disease or harboring elm bark beetle larvae. Should the property owner fail to remove or prune any tree or take appropriate action as ordered by the Parks Manager, the City may cause such action to take place with the associated property owner being billed for all such costs. Should the owner fail to pay such costs, the unpaid costs may be added to the property owner's taxes as permitted by Idaho Code. Any tree removal located in the public right-of-way must be in compliance with Chapter 8, Title 5 of this Code. (Ord. 2021-09, 07/19/2021) Sec. 12-7. Disposing of Wood. All elm wood, including chips, shall be disposed of in accordance with procedures approved by the Parks Manager. The Parks Manager is authorized to burn elm wood on an as-needed basis independent of any other City established burning bans. ---PAGE BREAK--- § 12-7 TITLE 5 — PUBLIC WAYS AND PROPERTY § 12-11 It shall be unlawful for anyone to import into the City, store, sell, or purchase any elm firewood that has not been totally debarked. (Ord. 2021-09, 07/19/2021) Sec. 12-8. Elm Wood. It shall be unlawful for anyone to import into the City, store, sell, or purchase any elm firewood that has not been totally debarked. Sec. 12-9. Cleaning Equipment. Any person pruning or removing any elm tree within the City shall immediately and properly disinfect all equipment which has been in contact with the tree. Sec. 12-10. Violations; Penalties. Failure to remove or prune a tree or take such other appropriate action as required by this Chapter, after written notice from the Parks Manager, shall be a misdemeanor punishable pursuant to this Code and the Idaho Code. (Ord. 2021-09, 07/19/2021) Sec. 12-11. Replacement of Trees. The cost of replacing trees lost to Dutch Elm Disease on City right-of-way shall be borne by the property owner. Selection and location of required replacements shall be based on the City's Arboricultural Standards and Specifications Guide. (Ord. 90-14, 7/16/90; 91-10, 3/25/91; 93-12, 4/19/93)