§ 38-48. Abatement of disease nuisances.

(a)

Whenever the village forester shall find with reasonable certainty on examination or inspection that any public nuisance as defined herein exists within the village, he shall cause it to be sprayed, removed, burned or otherwise abated in such manner as to destroy or prevent as fully as possible the spread of the emerald ash borer or oak wilt disease or Dutch Elm disease fungus or the insect pests or vectors known to carry such diseases.

(b)

Before abating any nuisance on private premises or in any terrace strip between the lot line and the curb, the village forester shall proceed as follows:

(1)

If the village forester determines that danger to other trees from such nuisance is not imminent because of the dormancy, he shall make a written report of his findings to the village board who shall proceed as provided in Wis. Stats. § 27.09(4).

(2)

If the village forester determines that danger to other trees within the village is imminent, he shall notify the owner or abutting owner of the property on which such nuisance is found, in writing, if he can be found, otherwise by publication in a newspaper of general circulation in the village, that the nuisance must be abated as directed in the notice within a specified time, which shall not be less than 30 days from the date of such notice unless the forester finds that immediate action is necessary to prevent the spread of infection. If the owner fails to comply with the notice within the time limited, the forester shall cause the abatement thereof.

(c)

No damage shall be awarded to the owner for destruction of any tree, wood, material or any part thereof pursuant to this chapter.

(Code 1984, § 4-4-5)