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64-211 Ordinance
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64-211 Ordinance
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2/7/2014 10:08:51 AM
Creation date
2/4/2014 11:25:39 AM
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North Olmsted Legislation
Legislation Number
64-211
Legislation Date
9/15/1964
Year
1964
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f , <br />i,"'" <br />«°. <br />211 <br />ORIINANCE NO, 64 -_A= <br />? <br />s <br />CITY OF NORTH OLM3TED <br />? <br />? <br />Paqe 2 <br />Dlrector of Public Service shall cause said tree to be so remavad <br />and burned. The cost of said removal and burninq shall be <br />reported to the owner of said property if he can be found, and <br />also to the Council, and if said cost is not paid within thirty <br />days of such repoct, the owner of said property shall be liable <br />to the City of North Olmsted for the cost of such removal and <br />burninq, to be recovered in a civil action before any court hevinq <br />jurisdiction thereof. " <br />be and the same is hereby amended to read as follaws: <br />Section 1: That the Director of Public Se:vice is authexized <br />to inspect any trees within the City of North Olmsted reported or supposed to be <br />infected with the Dutch Elm disease, or the virus disease Phloem Nscrosia, com- <br />monly known as Elm Blight. If upon such inspection the Directot of lublic <br />Service determines that such tree is infected with either of said diseases, 46 <br />shall, if the tree is in any public street, ground or place within the City of <br />North Olmsted, immediately remove and burn the same in such manner as to prevent <br />as fully as possible doe spread of such disease. If such tree is located on <br />private property, said Director of Public Service shall immediately se:ve upon <br />the owner of such property a written notice that such tree is so infected and that <br />the same must be removed and burned under the supecvision of said Dlrector of <br />Public Service within.five days of the service of said notice. If such awner <br />cannot be found, a copy of said notice shall be posled upon aadd infected tree. <br />If said tree is not so removed and burned within five days after the service <br />or postinq of said notice, the Director of Publtc Sezvice shall cause said trea <br />to be so removed and burned. The cost of said removal and burninq shall be <br />reported to the owner of said property if he can be found, and also to the <br />Council, and if said cost is not paid within thirty days of such repott, the ownar <br />of said property shall be liable to the City of North Olmsted for the oost d . <br />such removal and burninq, to be recovered in a Qivil action before any oourt <br />having jurisdiction thereof. . <br />Section 2. That if upon the inspection of any tree within tha <br />City of North Olmsted reported or supposed to be infeeted as set forth in <br />Section 1 hereof, it is impossible to deterrriine with certainty the existanoe <br />of either of said diaeaaes in such tree, it is hereby determined that in such <br />event specimens from said tree shall be focwarded for complete examination, <br />diagnosis and report to either the Ohio Aqrlcultural Slation at Wooster, Ohio, <br />oc to the United States Department of Aqdcultural Station at Deltsville, Maryland, <br />and the action 6 the Director of Public 3ervice undar tMs ordinance ahall await <br />and be determined by the report received from such exanrination and diaqnosis. <br />Section 3: Whoever being the awner of private property on wtase <br />premises there is a tree with Dutch Elm diseaae or the virua Phlosm Necrosis, <br />oc)mmonly knawn as Elm B11qht, who fails to oomply with the natice to mmove <br />and bum such tree aftar notice as peovided in 3oction 1 hereof, shall be <br />quilty of a misdemeanor and upon conviction thereof shall be punished by a <br />fine of not le:s than Five Dollars nar more than Faty-Nina Dollars. Each <br />day's violation shall constitute a saparate offense and shall be subjeat to <br />tha penalties hseinbefore set forth. <br />?
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