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Clark City Ordinance #426

ORDINANCE# 426
AN ORDINANCE AMENDING CLARK MUNICIPAL CODE TITLE 3 - HEALTH AND
SANITATION, BY THE ADDITION OF CHAPTER 3.14- DUTCH ELM DISEASE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARK, SOUTH DAKOTA, that ‘Title 3
- Health and Sanitation be amended by the addition of Chapter 3.14 Dutch Elm Disease”, to read in its entirety as follows:
“Chapter 3.14
Dutch Elm Disease
Section
3.1402 Nuisance
3.1404 Inspection
3.1406 Removal of Nuisance
3.1408 Assessment of Cost of Removal and Spraying
3.1410 Reporting of Costs
3.1499 Penalty
3.1402 NUISANCE
Any living or standing elm tree or part thereof infected with Dutch Elm Disease fungus, Ceratocystis ulmi, or which harbors the European Elm Bark Beetle, Scolytus multitriatus (Eichb.) and/or the American Elm Bark Beetle, Hylurgopinus rufipes (Marsh.) is hereby declared to be a public nuisance.
Any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned, or treated with an effective elm bark beetle destroying insecticide is hereby declared to be a public nuisance
3.1404 INSPECTION
A city representative or State Forester shall inspect or cause to be inspected all premises and places within the City of Clark at least once each year to determine whether any public nuisance as defined herein exists thereon, and shall also inspect or cause to be inspected any elm tree reported or suspected to be infected with Dutch Elm Disease or any elm bark reported or suspected to be infested with either species of the above named bark beetles.
3.1406 REMOVAL OF NUISANCES
a. If pursuant to the above-referenced inspection, it is determined that any public nuisance as herein defined exists in or upon a public street, alley, park or public place within the C
ity of Clark. the city representative shall immediately cause it to be removed and burned or otherwise abate the same.
b. If upon inspection or examination it shall be determined with reasonable certainty that any public nuisance as herein defined exists                in or upon private premises within the City of Clark, immediate written notice shall be served, either personally or by U.S. Registered    Mail, upon the owner of such property, if he can be found, or upon the occupant thereof, to remove such nuisance within thirty (30) days of service of said notice. If said owner or occupant does not remove said nuisance within the time specified in such notice, the City Council shall cause it to be removed and burned or otherwise abate the same. No damage shall be awarded to the owner for destruction of any elm tree, elm wood or any part thereof pursuant to this section. The tree is presumed to be diseased and subject to removal unless said owner or occupant has shown that the tree is not so diseased by sending in specimens to the plant pathology department of South Dakota State University, in Brookings, and received a negative report thereon.
c. All removals shall be made in such manner as to destroy or prevent as fully as possible the spread of Dutch Elm Disease or the insect pest or vectors know to carry such disease fungus.
3.1408 ASSESSMENT OF COST OF REMOVAL AND SPRAYING
The entire cost of any removal of a public nuisance as herein defined on any public street, alley, park or other public place shall be borne by the City. The cost of removing elm trees infected with the Dutch Elm fungus on private property shall be borne by the property owner. If said owner fails to abate such nuisance by the removal of said tree or trees within the thirty (30) day notice period, said tree or trees shall be removed by the City and the cost of said removal either assessed against the property or recovered in a civil action against the owner.
3.14 10 REPORTING OF COSTS
The city representative shall keep strict account of the costs of work done under this chapter for which assessments are to be made, stating and certifying the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each lot or parcel as recorded by him and such amounts shall be levied and assessed against said parcels or lots in the same manner as provided by state law on these ordinances.
3.1499 PENALTY
Any person violating any of the provisions of this article shall be guilty of a municipal ordinance violation punishable by a fine not to exceed two hundred dollars ($200.00) or by imprisonment not to exceed thirty days or by both such fine and imprisonment, and each and every day that the violation continues shall constitute a separate offense.”

CITY OF CLARK
Lester C. Solberg, Mayor
FIRST READING: April 1st, 2002
SECOND READING: April 29th, 2002
ADOPTED: April 29th, 2002
PUBLISHED: May 8th, , 2002
EFFECTIVE DATE   May 29th, 2002
Attest:
Nichole Binger, City Finance Officer
(SEAL)

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