[HISTORY: Adopted by the Town Board of the Town of Genesee
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-9-2017 by Ord.
No. 17-2[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Dutch
Elm Disease, adopted 6-8-1961, as amended.
For purposes of this article, "hazardous tree" shall mean any
of the following.
A.
Any tree or shrub or part thereof located upon any public or private
property which is infected with an infectious plant disease, or is
infested with injurious insects or pests, so as to threaten the health
of other trees or shrubs in the Town, including but not limited to
the following disease and infestation conditions:
(1)
Dutch elm disease, defined as follows: any elm tree or part thereof
infected with the Dutch elm disease fungus Ceratocystis ulmi (Buisman),
or which harbors any of the elm bark beetles Scolytus multistriatus
(Eichh.) or Hylurgopinus rufipes (Marsh.). Also, any dead elm tree
or parts thereof, including logs, branches, stumps, firewood or other
elm material not buried or burned or from which the bark has not been
removed.
(2)
Asian long-horned beetle infestation, defined as follows: any tree
or shrub or part thereof, or logs, branches, stumps, firewood or other
tree or shrub material, which harbors the Asian long-horned beetle
(Anoplophora glabripennis).
(3)
Emerald ash borer infestation, defined as follows: any tree or shrub
or part thereof, or logs, branches, stumps, firewood or other tree
or shrub material, which harbors the emerald ash borer (EAB) (Agrilus
planipennis).
B.
Any tree or shrub that overhangs any public sidewalk, public pathway,
public street or other public right-of-way in the Town in such a manner
as to impede or interfere with any public easement or traffic or travel
on such public pathway, public sidewalk, public street or other public
right-of-way, including, but not limited to, any tree or shrub that
obstructs street illumination or the vision of persons traveling such
public sidewalk, public pathway, public street, or other public right-of-way.
C.
Any part of a tree or shrub that, due to disease, insect infestation
or any defective condition, is likely to fall and impair access to
a public right-of-way or public place.
All dead or freshly cut wood infected as described in § 519-1A shall be burned or treated with an approved spray and oil base as approved by the Town Public Works Superintendent, and it shall be unlawful to keep any dead or freshly cut diseased wood on any premises in the Town of Genesee unless so treated.
The Town Public Works Superintendent or any member of the Town
Board, with the permission of the property owner or occupant or by
inspection warrant, may enter upon private property within the Town
for the purpose of inspecting all trees thereon to determine whether
any of such trees are infected or diseased or in need of other preventative
measures and is further empowered to inspect such private premises
to determine the presence of any infected logs, firewood, or stumps,
or the presence of any dead trees.
Hazardous trees are declared to be a public nuisance. No person
shall permit any hazardous tree public nuisance to remain in or on
any premises owned or leased by that person within the Town of Genesee.
The Town Public Works Superintendent or the Town Board may order
any property owner to remove and destroy any hazardous tree. Notice
shall be given by mailing a notice to the last known address of the
property owner by registered mail or by delivery of notice and service
thereof by any law enforcement officer on such owner or agent of said
owner.
When any property owner is directed to remove a tree or spray
a tree or area, he/she shall advise the Town Board of his/her compliance
within 20 days after receipt of the notice.
