5.25.020 Definitions.
Words used in this Chapter shall have their normal and customary meaning, unless specifically defined otherwise. The following words and terms used in this Chapter shall have the following meanings unless when used the context clearly indicates to the contrary.
(1) “Agent” means any occupant or other person acting for the owner and working, or in charge of, real property.
(2) “Director” means the director of public services for the city.
(3) “Diseased tree” means any tree which in the opinion of the director or his or her designee, after consulting with two plant pathologists or entomologists or any combination thereof who are academically qualified in such studies, has a disease caused by one or more organisms that may spread, or are likely to spread, to other trees and/or vegetation and cause disease in other trees or vegetation contrary to the purposes of this Chapter. Notwithstanding the generality of the foregoing definition of “diseased tree,” the following trees are “diseased trees” wherever they may be found in the city.
(a) Any living or standing elm tree or part thereof infected to any known degree with the Dutch Elm disease fungus, Ophiostoma (Ceratocystis), or which harbors or could harbor elm bark beetles, vectors of the fungus.
(b) Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or other elm material.
(4) “Owner” means the person in actual control of real property, or his or her agent, when such control is based on legal title or equitable title; provided, however, that in the case of street and alley right of ways, “owner” means the owner of the real property abutting the street or alley right of way.
(5) “Person” means any individual, partnership, corporation, firm, the state, or any department, agency, or subdivision thereof, or any other entity. (Ord. 90-17 §2, 1990).