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<br />ORDINANCE ~a. ~,,;_~ ~ ~ - ~~ I l
<br />BY:s 14~r ~ AN ORDINANCE TO PRP SERVE SHADES TREES
<br />AND TO CONTROL D~TTCH EI~+! DISEASE.
<br />WHEREAS, this Council finds and determines that the Dutch
<br />disease and the f irus disease, Phloem Necrosis, commonly ass Elm
<br />Blight, threaten shade tre®s in the stye®ts, public grounds sad places
<br />within the G~.ty of North Olmsted, Ohio, and in order to preserve such
<br />trees it is necessary to discover and a©ntrol said disease:'
<br />N6~t, THEREFOF~E, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
<br />NORTH OLMSTE~, STAN OF OHIO r.
<br />~ectiou_l That the Director o f Public Service is authorized
<br />to inspect :any-toe-within -the City of North. Olmsted reported or supposed
<br />to be infected with the ]hatch Elm disease, or the virus disease, Phloem
<br />Necrosis, commonly known-as Elm Blight: If upon such inspection the
<br />Director 4f Public Service determines that such tree is infected with
<br />either of said diseases, he shall, if the tree is in any public street,
<br />ground or place within the Cit~r of Fairview Park immediately remove and
<br />burn the same in such manner ash prevent a 'f.lg as possib~.e th® spread.
<br />of such disease. If such tree is.I®cated oa private property, said Airector
<br />of Public S®rv,~.~e shall immediately serve. upoa the owner of such prop®rty a
<br />written notc® that such tree is so infected sad that the same must be_
<br />removed and buried under the supervision of said Director oi' Public Service:.
<br />within five dogs of the service of said notice;' If such_ n~rnex cannot b
<br />found, a copy hf said notice shall be posted upon. ~'i.d, infected tree. If
<br />said tree is >t sc~ removed and burned within five days .after the sei~vca
<br />or posti>~g of sa d aa~tice, the Director of Public Service shall caude
<br />said tree to be sa removed and. burned;.' The coat of .said removal and burn-
<br />ing shall be reported to the oww~ter of said property if he ca.n be found and
<br />also to the Council, and if said cost is not paid within thirty days o~'
<br />such report, theowar of said pro~rty shall be liable to the City of North
<br />O1ffisted for. the .cast of st~eh removal and burning, to be recovered in _a. civil
<br />action before any court having jurisdiction thereof.
<br />~sct n That if upon the inspection of a~'r tree within the
<br />City of Nom- steel reported or supposed to be infected as set forth ira
<br />section l hereof, it is impossible to determine with certainty the existence
<br />of either of said diseases in such tree it is hereby determined that in
<br />such event specimens Erect said tree sha~?. be fc~rrrarded for complete exam-
<br />ination, diagat~sis and report to either the {~hio Agricultural Station at
<br />Wooster, Ohio, or tq the United Staten Department . of Agricultural :station
<br />at Deltsville, I+~arylanci, aril. the ..action .of the Director of Public Ser~ace
<br />under this ordinance shall await and b$ determined by the report reeezved
<br />from such exami~a.tion aua diagaosi~i'
<br />Section,,,,; Wb©ever being the owner of private property on whose
<br />premises tere -is -a-tree tt~.th hutch ~ disease or the virus FhlQeat Necrosis,
<br />commonly kn+c~m as ~i Blight, who fails to comply with the notice to reffiove
<br />and burn such tree a:~ter notice as provided in Section 1.hereof, shall be,
<br />guilty of a mind®anor a~i u oa conviction thereof shall be punished by a~.
<br />fine of npt less than. Fine Dollars nor more than Forty-Nine Dollars,- Each
<br />day's violation shall const~.tute a separate offense and shall be subject to
<br />the •penalties hereinbefore set forth.
<br />Ssc,~,tion ~.~. That this ordinance is hereby declared to be an
<br />emergency ~e~asur ~scesmary fc~r the preservation of the public peace, health,
<br />safety and welfare, and for the further reason that it is necessary to ds-
<br />cover and control the Dutch Elm and Elm Blight diseases, sad shall take
<br />effect and be in full force immediately upon its passage and approval by
<br />the Mayor, provided it receives the affirmative vote of three-fourths of all
<br />members elected to Council,'
<br />PASSED: ~ L ~,
<br />ATTEST ~ -°
<br />'. ;." ~ s -• .ear
<br />of Counci~.~
<br />APPROVED
<br />es . - . s ~ ` yar
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