A. Enforcement Of Section: Based on a complaint, the village arborist may enter upon private property at all reasonable times for purposes of inspecting trees, and may remove samples of specimens as are required for purposes of analysis to determine whether or not the same are infected, dead and/or otherwise pose a danger to persons or property. It shall be unlawful for any person to prevent the village arborist from entering on private property for purposes of carrying out the village arborist's duties hereunder, or to interfere with such village arborist in the lawful performance of her duties under the provisions of this section.
B. Definitions:
DANGEROUS TREE: Any dead or damaged tree that because of its size, condition, and proximity to persons, public sidewalks, public streets, residential structures or the affected property, or proximity to residential structures on adjoining property, may inflict injury or cause harm to persons, property or the health of the general public.
INFECTED TREE: Any tree infected with an injurious parasite, insect, fungus or disease identified by the Illinois department of agriculture as constituting an epidemical threat to trees or a species of trees, including, but not limited to, Dutch elm disease, emerald ash borer, verticillium wilt and oak wilt.
C. Infected Trees And Dangerous Trees Declared Nuisances: Trees within the village of Bartlett of all species and varieties of:
1. Any infected tree affected by an injurious parasite, insect, fungus or disease identified by the Illinois department of agriculture as constituting an epidemical threat to trees or a species of tree is hereby declared to be a public nuisance and shall be removed and properly disposed of (or treated in accordance with the requirements of this section) within thirty (30) days following notification of the discovery of such infection; and
2. Any dangerous tree is hereby declared to be a public nuisance and shall be trimmed or cut to eliminate any dangerous condition, or removed and properly disposed of within thirty (30) days following notification of the dangerous condition of such tree.
D. Infected And/Or Dangerous Trees Prohibited: It shall be unlawful for any person being the owner of property upon which an infected tree or a dangerous tree is situated to possess or keep such a tree, or parts of such a tree, in an infected condition or in a state that causes a dangerous or unsafe condition, after the expiration of thirty (30) days following the notification of the discovery of said infestation or dangerous condition, and such infected tree or dangerous tree shall be removed and properly disposed of unless the village arborist has approved of cutting or trimming a portion thereof, or treatment, and if treatment is authorized, proof of the treatment has been submitted to the village arborist as she directs.
E. Notice, Abatement Required: The village arborist shall give to the owner of the premises where any public nuisance described in this section is found, a written notice of the existence of such nuisance and requiring the cutting, trimming, removal, chipping, disposal and/or treatment, as the case may be, of the same within thirty (30) days following such notice, with such cutting, trimming, removal, chipping, disposal and/or treatment, as the case may be as stated in said notice, to be done under the direction and supervision of the village arborist or her representative, or by a tree removal contractor licensed by the village to trim, remove and/or treat trees. Treatment by a certified arborist or contractor licensed by the state of Illinois and the village to treat trees must be approved by the village arborist and proof of the treatment shall be submitted to the village arborist as she directs. The notice shall also notify the owner of said premises that unless such nuisance is abated by cutting, trimming portions of or removal of dangerous tree, or an infected tree is removed, chipped, properly disposed of, and/or treated in compliance with the terms of the notice within such thirty (30) day period, the village may proceed with the cutting, trimming, removal, chipping, and proper removal, as the case may be, of such nuisance, and assess the cost thereof against the said property owner and file a lien against the affected real estate. In the alternative, the village, in its sole discretion, may treat the nuisance and assess the costs of treatment against the property owner and file a lien against the affected real estate.
F. Manner Of Giving Notice: Service of such notice shall be by personal service where the owner of said premises is a resident of the village and resides in the real estate affected, or by certified mail and regular mail after at least two (2) failed attempts at personal service upon said resident of the village. Where the owner is a nonresident of the village, said notice shall be sent by certified mail and regular mail, addressed to said owner at his last known address.
G. Manner Of Abatement: Upon the service of notice by personal service or by certified mail and regular mail, as applicable, it shall become the duty of the owner of the premises to cause such tree or trees identified in the notice to be trimmed or cut to alleviate any dangerous condition as directed by the village arborist, or removed, chipped (if stated in said notice), and properly disposed of, or treated, under the direction and supervision of the village arborist or her representative, or by a tree removal contractor or other contractor licensed by the village to remove, trim and/or treat trees.
H. Failure To Remove, Option To Remove By The Village: If any person fails to remove any infected tree or to trim or cut portions of any dangerous tree to alleviate the dangerous condition, or to remove a dangerous tree within thirty (30) days after receipt of notice to do so from the village arborist directing such cutting, trimming or removal, the village may cut, trim, or remove and dispose of such infected or dangerous tree at the expense of the owner of the property given such notice.
I. Lien Provisions:
1. Costs A Lien; Lien Notice Requirements: The costs of removal of one or more infected tree(s), or the cutting or trimming of portions of a dangerous tree as directed by the village arborist by the village shall become a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens; provided, that notice has been given as hereinafter described; and further provided that within sixty (60) days after such cost and expense is incurred by the village, or person performing the service by authority of the village, in his or its own name, files notice of lien in the office of the county recorder of deeds. The notice shall consist of a sworn statement setting out the following:
a. A description of the real estate sufficient for identification thereof.
b. The amount of money representing the cost and expense incurred or payable for removal of the infected tree.
c. The amount of money representing the cost and expense incurred or payable for the cutting, trimming or the removal of the dangerous tree.
d. The date when each such cost and expense was incurred by the village.
2. Effect Of Lien: The lien of the village shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the infected tree removal or dangerous tree cutting, trimming or removal, and prior to the filing of the notice of lien, and the lien of the village shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arose prior to the filing of such notice.
3. Release Of Lien: Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed, and the release may be filed of record as in the case of filing notice of lien.
J. Penalty: In addition to any other remedy provided in this section, any person who violates this section shall, upon conviction, be subject to a fine of not more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed to be committed each day that any such violation of any provisions of this section shall continue.
K. Effect Of Penalty On Recovery Of Costs: Imposition of any penalty for a violation of this section shall not be construed as a waiver of the right of the village to collect the costs of removal of such nuisance or to lien the real estate affected in accordance with the provisions of this section where it is necessary for the village to remove such nuisances in accordance with the provisions of this section. (Ord. 2014-27, 4-15-2014)