522.09 TREE REMOVAL.
   (a)   Any tree on public property which is diseased or is a nuisance or a hazard to public safety may be removed by order of the Village Administrator, or their designee or on request of the abutting property owner at village expense. Any trees listed in Section 522.07 growing on public or private property which interfere with sewer lines or constitute a public nuisance or a hazard, or any trees on private property which overhang a public street or sidewalk which constitute a public nuisance or hazard may be ordered removed by the Village. Where such trees are on private property, removal shall be at the property owner's expense.
   (b)   The Village may remove or cause or order to be removed, any trees or part thereof which by reason of its nature is injurious to existing sewers, electric power lines, gas lines, water lines, or other public improvements.
   (c)   The Village may inspect trees within 100 feet of any sanitary or storm sewer, drain, manhole, or other public utility line above or below the surface of the ground, which has been reported as dangerous to or causing interference with said sewer, drain, manhole or public utility line, and if found dangerous or causing damage or obstruction of such sewer, drain, manhole or public utility line, he/she shall give to the property owner written notice of their findings and an order that such person remove said tree or injurious part thereof within forty-five (45) days.
   (d)   Whenever it is necessary for the Village to remove a tree from Village right-of-way, the Village shall remove such trees and replace them or plant, on another right-of-way area, twenty-five percent (25%) of those removed, with a minimum of one. Roadway projects are exempt.
   (e)   No person or property owner shall remove a tree from the right-of-way for any reason without approval from the Village. Should approval be given for the removal, the person shall be required to replant or replace twenty-five percent (25%) of those removal, up to two inch caliper, at the adjacent property owner’s cost. The Village must approve the replacement or replanting. Failure to plant replacements shall result in replacement by the Village at the adjacent property owner’s cost.
   (f)   Each day’s violation of this section constitutes a separate offense.
   (g)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2020-06. Passed 9-28-20.)