Chapter 18. Elm Disease

In this Chapter, the following words and phrases, have the meanings stated:

County forester: An individual in the Department of Transportation designated by the Director of that Department as the County forester.

Disease: The Dutch Elm Disease or virus disease Phloem Necrosis, commonly known as "Elm Blight."

Owner: Any individual, corporation, firm, partnership or association.

Suburban district: The Montgomery County Suburban District, as described in Section 68-1.

The county is hereby charged with the responsibility for administration and enforcement of this chapter.

The provisions of this chapter shall be effective throughout the suburban district.

The county forester is hereby authorized to inspect any tree within the suburban district which, according to his knowledge, information or belief, is or may be infected with the Dutch Elm Disease or the virus disease Phloem Necrosis, commonly known as "Elm Blight." If upon such inspection the county forester determines that any such tree is infected with such disease, he shall, if the tree is in or on any public highway, street, road, lane, alley, right-of-way or other public place within the suburban district, immediately remove and burn the same in such a manner as to prevent as fully as possible the spread of such disease.

If a tree infected with Dutch Elm Disease is located on private property, the county forester shall immediately serve upon the owner of such property a written notice, in the manner herein provided, that such tree is so affected by the disease and that he shall cause the same to be removed and burned under the supervisionof the tree division within ten (10) days after the receipt of such notice, or to appear upon five (5) days notice before the county forester to show cause why the county should not remove such tree and charge the cost thereof to the person concerned.

Upon failure of the owner to comply with the provisions of the notice, the county shall cause the tree described in such notice to be removed and burned. If the owner shall appear before the county forester pursuant to the notice, the county forester may thereafter withdraw his original directive or may issue a final order directing such person to remove and burn the tree within five (5) days from the issuance of such order. Upon failure of any person to comply with such final order, the county shall cause the tree described in such order to be removed and burned.

Any person who feels aggrieved by any final order issued by the county forester pursuant to the provisions of the three (3) preceding sections, may, within five (5) days after issuance of such order, petition the county board of appeals in writing for a hearing. Within ten (10) days after receipt of such petition, the county board of appeals shall, after due notice to all interested persons, hold such a hearing, after which it may affirm, modify or reverse the order of the county forester. No enforcement action shall be taken, nor shall any tree be removed or burned by the county in any instance during the period within which an appeal to the county board of appeals may be taken or pending final action by the county board of appeals if a hearing is requested as provided above.

All orders and notices issued by the county board of appeals or any county official pursuant to the authority of this chapter shall be served on the person to whom they are directed, either by registered mail or by personal delivery to such person. Service on nonresidents and persons who cannot be found in the county shall be made by publication of such order or notice once in a newspaper of general circulation in the county and by posting the same on the tree concerned in a conspicuous manner. Service shall be deemed to have been made on the day of such mailing, publication or posting.

Whenever it is necessary for the county to provide for the removal and burning of any tree under the procedures prescribed in this chapter, the chief administrative officer shall file with the director of the department of finance a certified statement of the cost thereof together with proof of service of the order or notice above described. The cost of such removal and burning together with the cost of publication, if any, shall thereupon become a charge and lien against the land described in the order or notice and may be collected in the same manner and subject to the same penalties as ordinary taxes.

If the county forester finds it impossible to determine with certainty the existence of disease in any tree inspected by him, he may take a specimen or specimens from any such tree, which shall be forwarded for examination, diagnosis and report to either the phytopathology department, University of Maryland, or to the United States Department of Agriculture Station at East Orange, New Jersey. The action of the county forester shall await and be based upon the report received from such examination and diagnosis.

Nothing in this chapter shall be construed to prohibit any owner from requesting in writing an inspection or removal of any tree on private property and to have the cost of removal assessed in the manner prescribed in section 18-9.