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RESOLmION NO. 3993 A RESOLUTION DECLARING DUTCB ELM DISEASE TO BE A PUBLIC NUISANCE AKD AUTHORTZING THE SUMMARY ABATEMENT OF INFESTED TREES. The City Council of the City of Eugene finds that: The Parks and Recreation Department of the City has advised the Council that : A. It has discovered an elm tree located on private prcperty within the City that is infested with Dutch Elm disease. It has therefore begun an inspection of all elm trees located within the City to determine rf other trees are so infested; B. Dutch Elm disease is a currently incurable disease carried by beetles and root graft, and once infested there is no known way to prevent the eventual death of the tree. The only "treatment" is to prevent the spread of the disease by immediately cutting down the infested trees and berying all wood, limbs, branches and other debris from the trees. Because the early detection, removal and proper burial of all debris from infested trees is the only way to prevent the spread of the disease to all elm trees in Eugene, it is in the public interest that the City perform those services with respect to trees located on private property, at no expense to the property owner. In order to prevent the spread of this dis~ase the Courcil therefore specifically finds that Dutch Elm disease is a public nuisance which is injurious or detrimental to the welfare of the City and infested trees should 5e immediately abated by City personnel. The Council further finds that the removal of any elm tree, or any wood, limbs, branches or other debris from any elm tree within the City limits by any person other than authorized City personnel will constitute a violation of Section 6.110 of the Eugene Code, 1971, and is punishable by a fine not to exceed $200.00, pursuant to Section 5.990(2) of the Eugene Code, 1971. NOW , THEREFOR33 , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Secti~n 1. Based upon the above findings, which are adopted herein, and pursuant to the provisions of Section 6.010(k) of the Eugene Code, 1971, Dutch Elm disease is hereby declared to be a Resolution - 1 February 24, 2020, Work Session – Item 2DCC Agenda - Page 48