§ 82-88. Abatement of nuisances.

(a)

If the building inspector upon inspection and examination determines that any public nuisance exists in or upon any public street, alley, park or other public place, including the terrace strip between the curb and the lot line, within the village, and that a danger to other trees is imminent, he shall immediately cause it to be removed and burned or otherwise abate the nuisance in such manner as to destroy or prevent as fully as possible the spread of Dutch elm disease or the insect pests or vectors known to carry such disease fungus.

(b)

If the building inspector determines with reasonable certainty that any public nuisance exists in or upon private premises and that danger to other elm trees within the village is imminent, he shall immediately serve upon the owner of such property, if he can be found, or upon the occupant, a written notice to abate such nuisance within a time specified in such notice. If such owner or occupant does not abate the nuisance within the time limit, the building inspector shall cause the nuisance to be abated. No damage shall be awarded to the owner for any destruction of any elm tree, elm wood or any part pursuant to this division.

(c)

If the building inspector is unable to determine with reasonable certainty whether or not a tree in or upon private premises is infected with Dutch elm disease, he shall forward specimens from such tree for diagnosis and report to the state department of agriculture and shall proceed as provided in subsection (b) of this section upon receipt of a positive report from the department.

(d)

In all cases where the building inspector determines upon inspection that any public nuisance exists in or upon any public or private premises but that the danger to other elm trees within the village is not imminent because of elm dormancy, he shall make a written report of his findings to the board, who shall proceed as provided in § 27.09(4), Wis. Stats.

(Code 1989, § 11.06(4))