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64-211 Ordinance
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64-211 Ordinance
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2/12/2014 10:23:51 AM
Creation date
2/6/2014 10:23:36 AM
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North Olmsted Legislation
Legislation Number
64-211
Legislation Date
9/15/1964
Year
1964
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r <br />CITY OF NORTH OLMSTED ORDINANCE NO. 64---~; Page 2 <br />Director of Public Service shall cause said tree to be so removed <br />and burned. The cost of said removal and burning 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 report, the owner of said property shall be liable <br />to the City of North Olmsted for the cost of such removal and <br />burning, to be recovered in a civil action before any court having <br />jurisdiction thereof. " <br />be and the same is hereby amended to read as follows: <br />Section 1: That the Director of Public Service is authorized <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 Necrosis, com- <br />monly known as Elm Blight. If upon such inspection the Director of Public <br />Service determines that such tree is infected with either of said diseases, <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 spread of such disease. If such tree is located on <br />private property, said Director of Public Service shall immediately serve upon <br />the owner of such property a written notice that such tree is so infect~ci and that <br />the same must be removed and burned under the supervision of said Director of <br />Public Service within five days of the service of said notice . If such owner <br />cannot be found, a copy of said notice shall be polled upon s1~;d infected tree. <br />If said tree is not so removed and burned within five days after tha service <br />or posting of said notice, the Director of Public Service shall cause said tree <br />to be so removed and burned. The cost of said removal and burning 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 report, the owner <br />of said property shall be liable to the City of North Olmsted for the cost cf <br />such removal and burning, to be recovered in a civil action before any court <br />having jurisdiction thereof. <br />Section 2. That if upon the inspection of any tree within the <br />City of North Olmsted reported or supposed to be infected as set forth in <br />Section 1 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 such <br />event specimens from said tree shall be forwarded for complete examination, <br />diagnosis and report to either the Ohio Agricultural Station at Wooster, Ohio, <br />qr to the United States Department of Agricultural Station at Deltsville, Maryland, <br />and the action 6 the Director of Public Service under this ordinance shalt await <br />and be determined by the report received from such examination and diagnosis . <br />Section 3: Whoever being the owner of private property on whose <br />premises there is a tree with Dutch Elm disease or the virus Phloem Necrosis, <br />commonly known as Elm Blight, who fails to comply with the notice to remove <br />and burn such tree after notice as provided in Section 1 hereof, shall be <br />„f guilty of a misdemeanor and urn conviction thereof shall be punished by a <br />fine of not less than Five Ibllars ncr more than Forty-Nine Dollars. Each. <br />day's violation shall constitu#e a separate offense and shall be subject to <br />the penalties h~einbefore set forth. <br /> <br />
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