Polk County, IA Landscaping Rules: Tree Removal & Heritage Trees (2026)

Section 2-6(h) names "a tree with Dutch elm disease" as one of the health nuisances "subject to abatement by civil action," a separate, tougher track than the ordinary nuisances listed in Section 2-5. Section 2-3(a) makes it unlawful for a person to cause, permit, or fail to abate such a nuisance once the Health Officer orders it fixed. When the Health Officer finds a diseased tree, Section 2-8 requires a written Abatement Order describing the nuisance and its location, the article violated, the remedial action needed, a reasonable compliance deadline, and notice that the owner is liable for abatement costs and any civil penalty.

Because Dutch elm trees fall under Section 2-6 rather than Section 2-5, the county cannot simply send crews onto the property to remove the tree itself the way it can for a Section 2-5 nuisance; Section 2-9(d) instead requires the county to bring a civil action in court if the deadline passes uncorrected. An owner can request an administrative hearing at least seven calendar days before the abatement deadline expires under Section 2-9(a), and Section 2-10 guarantees a Hearing Officer will schedule that hearing within seven calendar days, with power to void the order, extend compliance up to 90 days, or grant other relief.

Section 2-11 makes a violation a misdemeanor and lets the county pursue a habitual violator with a court injunction covering all of that person's Polk County real estate. Section 2-12 holds owners, agents, contract buyers, tenants and lessees jointly and severally liable.