HomeMy WebLinkAboutResolution No. 3993
RESOLUTION NO. 3993
SUBJECT
A_resolutir~eclarj_~tch
Elm disease to be a pUblic
nuisance and ollthorizing tbe
abatement.
Submitted __________
Deferred To
Passed
Rejected_ _
COUNCIL MINUTES
I
Vol._
Page.__
RESOLUTION NO. 3993
A RESOLUTION DECLARIRG DOTCH ELM DISEASE TO BE
A PUBLIC NUISANCE ldlD AUTHORIZING THE SUMMARY
ABATEMBNT OF INFESTf:D TREES.
The City Council of tbe City of Bugene finds tbat:
The Parks and Recreation Department of the Ci ty has advised
the Council that:
A. It has discovered an elm tree located on private
property within the City that is infested with Dut.chElm
disease. It has therefore begun an inspection of all elm
trees located within the City to determine J.f other trees are
so infestedj
B. Dutch Elm disease is a cur rent.ly incurable disease
carried by beetles and root graft, and once infested there is
no known way to prevent the eventual deat.h of t:.het.ree. 'roe
o"nly "treatment" is to prevent the spread of the <:lisease by
immediately cutting down the inrested trees and burying 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 preventtJ.'le$preaa
<.)f ~he disease to all elm trees lnEugene, it isint.~el't.lblie
interest that the City perform those services wi threspei~~t>o
trees located on private property, at no expense to theprQPet'ty
owner.
In order to prevent the spread of this disease the Courcll
therefore specifically finds that Dutch Elm disease.. is a public
nui.sance which 5.s injurious or detrimental to the welfat'e of the
Ci.ty and infested trees should be 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 authorlzedCity
personnel will consti tute 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, 'fBBREPORB,
BE IT RESOLVED BY THB CITY COORCIL OF THB CI'l'Y OF BUGElfE., a
Municipal Corporation of the State of Oregon, as follows:
Secti.on 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
public nuisance which is injurious or detrimental to the welfare
of the City of Eugene.
Section 2. The City Manager is authorized and reg'lested to
immediat~ly begin the summary abatement procedures authorized
under Section 6.110 of the Eugene Code, 1971 of all Dutch Elm
diseased trees found on private property within the City of
Eugene.
Section 3. The cutting or removal of any elm tree, or wood,
1 imbs, br anches and othe r debr is therefrom by any person other
than authorized City personnel shall constitute a violation of
Section 6.110 of the Eugene Code, 1971, which is punishable by a
fine not to exceed $200.00 pursuant to Section 6.990(2) of the
Eugene Code, 1971.
Section 4. The declarations, directives and prohibitions
contained herein shall be immediately effective and shall remain
in effect until such time as the Director of the Parks & Recre.....
ation Department advises the Council that all Dutch Elm d~8ea;;;ed
trees have been abated and there is no further danger to tt!main,ing
elm trees.
The foregoing ReSOlution adopted the 28th day of July, 1986.
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Resolution - 2