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3. Any tree,or part thereof,within the Red Oak family(northern red oak, northern pin oak, pin oak, and <br /> black oak), infected to any degree with the oak wilt fungus(Bretziella fagacearum). This includes any <br /> diseased material that is potentially spore producing <br /> 4. Any tree,or part thereof,within the White Oak family(white oak, bur oak,swamp white oak,and <br /> chinkapin oak),that poses a threat of transmission of the oak wilt fungus to other trees of the same <br /> species through grafted roots. <br /> 5. Any ash tree(Fraxinus spp.)or part thereof, infected to any degree with Emerald Ash Borer(EAB), <br /> Agrilus planipennis. <br /> 6. Any tree deemed by the city to be hazardous,which may include structural defects in the roots,stem, <br /> and/or branches,that could cause the tree to fail and,should it fall,would land within a public right- <br /> of-way or upon public land. <br /> Subd.4. Nuisance Trees See. 113-44 1201 hi-or-anee tiF <br /> A Disease „r N^stt hnfierited trees Any tree located within the city,which is determined by a certified arborist <br /> or a certified tree inspector to be.a nuisance tree,as defined above, affected w*th amy alangereus Ew <br /> , eet;eus onceet infes a • n „r plant, <br /> d*seasel may be declared a public nuisance.This hall include tees <br /> e I e <br /> m,m. A nuisance tree can be declared hazardous or potentially hazardous if circumstances <br /> warrant immediate action to abate that nuisance. <br /> 1 The city,or its designate, may remove or cause or order to be removed,any nuisance tree or part <br /> thereof. , <br /> Wilt eF Dutch Elm Disease <br /> 2. An evaluation of"imminent danger" means that the hazard to the public is immediate. If the <br /> property owner cannot be contacted or refuses to remove the hazard,the city will initiate action <br /> immediately. <br /> 3 An evaluation of"potentially dangerous" means that a hazard to the public will exist in the near <br /> future.The property owner will be notified and should remove the future hazard as soon as <br /> possible. <br /> A. The city shall have the right to cause the removal of any dead GFdiseas <br /> ^^' nuisance tree(s),as defined <br /> above,on private property. , <br /> eit-yr In the event of <br /> failure of the property owners)to comply with such provisions,the city shall have the authority to <br /> remove such nuisance trees and charge the cost of removal to the property owner. <br /> Notice to take action An eFdeF f„r A"Notice to Take Action"will be issued upon determination by <br /> the city,or its designee,to prevent the spread of disease or insects to public trees and the <br /> community forest at large that maintenanee weRk rani-icing this r�r�ir►ir�g, preser„atien er rerv�eyal <br /> ef trees.er 024R.ts upe.n. Prevate preperty hinn c,wh ;4rntoen is necessary te ensure public safet-y <br /> in accordance with the following provisions places" . Issuance of a Notice to Take Action may <br /> be based on one(or more) of the following: <br /> a. For Oak Wilt,any of the following:visual confirmation of wilted leaves, presence of a fungal <br /> spore pad(s),or laboratory confirmation of the presence of the Oak Wilt fungus. <br /> b. For Dutch Elm Disease, any of the following: laboratory confirmation of the presence of the <br /> Dutch Elm Disease fungi,visual confirmation of leaf symptoms,staining of the sapwood, or <br /> visual confirmation of elm bark beetle galleries. <br /> c. For Emerald Ash Borer, confirmation of EAB galleries or D-shaped exit holes. <br /> 2. The Notice to Take Action shall include the following information: <br /> Created: 2023-07-25 12:16:48 [EST] <br /> (Supp.No.12,Update 2) <br /> Page 11 of 12 <br />