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It is hereby declared to be a public nuisance for any person, firm, corporation or any owner, agent, occupant or person in possession, charge or control of any lot, tract, parcel of land, building or other premises within the village or within its territorial jurisdiction to permit the unchecked growth upon any premises within the village of any trees without trimming the same in such a manner as to prevent any part of such trees from crossing property lines or overhanging or obstructing views along the sidewalk, parkway, street or highway, as the same shall be determined by the Building Department.
(Ord. 7-82, passed 12-19-07)
Every owner or occupant of real estate within the village upon whose property there is located an elm tree infected with dutch elm disease or an ash tree infected with the emerald ash borer, shall remove the same immediately upon discovering it or be notified of it, by cutting the same down. The tree so cut down, together with all of its limbs, shall be cut into lengths not to exceed five feet and placed upon the parkway to be removed by the village. Upon so cutting the trees and placing them upon the parkway, the owner of said property shall notify the Building Department, in order that the same may be removed by the village or its designee. Every owner or occupant of real estate within the village shall trim or remove any and all trees and the limbs thereof on his or her property and on the abutting parkway at all such times as may be necessary to prevent the same from crossing property lines or overhanging or obstructing views along the sidewalk, parkway, street or highway, as the same shall be determined by the Building Department.
(Ord. 7-82, passed 12-19-07)
It shall be the duty of the Building Department to cause notice to be served upon the owner or occupant of any premises on which landscaping conditions are in violation of the provisions of this subchapter, and to demand the abatement of the nuisance within 30 days. The notice to remediate and abate nuisance may be served either in person or by registered mail. Such notice shall provide information regarding the existence of infected or overgrown trees on the owner's property, and shall notify the owner that he or she must abate the nuisance(s) within 30 days. Such notice shall also contain a copy of ILCS Ch. 65, Act 5, § 11-20-12 and this subchapter and notify the owner that the village may remove or trim the tree(s) and place a lien on the property for the cost of the removal if the nuisance is not abated within 30 days.
(Ord. 7-82, passed 12-19-07)
If the person served with a notice to remediate and abate nuisance under this subchapter shall fail, refuse or neglect to abate the nuisance within 30 days, the Building Department shall proceed to abate such nuisance, keeping an account of all related expenses. Such expense shall be charged to and paid by the owner or occupant.
(Ord. 7-82, passed 12-19-07)
(A) If trees are cut, trimmed or removed by the village or by someone directed to perform the same on behalf of the village, the Building Department or his or her designee shall send a bill for the cost and expense thereof to the property owner, his agent or legal representative or occupant in legal possession or control of the premises. If said bill is not paid in full within 30 days of the date of said bill, the Building Department or his or her designee shall cause a notice of lien of the cost and expense thereof incurred by the village to be recorded in the following manner: the village or the person performing the service by authority of the village, in its, his or her own name, may file a notice of lien in the office of the recorder of deeds in the county in which the real estate is located, or the office of the registrar of titles of such county, if the real estate affected is registered under the Torrens System. The notice of lien shall consist of a sworn statement setting forth:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred or payable for the service; and
(3) The date or dates when such cost and expense was incurred by the municipality or someone working on behalf of the municipality.
(B) Such notice of lien shall be filed within 60 days after the cost and expense is incurred. After recording, the notice of lien, together with copies of ILCS Ch. 65, Act 5, § 11-20-12 and this subchapter shall be sent by registered mail or hand delivered to the property owner, his agent or legal representative or occupant in legal possession or control of the premises and, if different, to the person who received the tax bill for the preceding year.
(C) Upon payment of the cost and expense after the notice of lien has been filed as provided herein, the lien shall be released by the village or person in whose name the lien has been filed, and the release shall be recorded of record in the same manner as recording the notice of lien.
(Ord. 7-82, passed 12-19-07)
Subsequent to the filing of the above-described lien, the village may cause to be filed a complaint for foreclosure of such lien, or upon becoming a defendant in a pending lawsuit affecting the premises or real estate, by answer to the complaint or in the nature of an intervening petition or cross-complaint the village may proceed in its corporate name to foreclose such lien. The property subject to a lien arising under this subchapter shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the monies owing the village.
(Ord. 7-82, passed 12-19-07)
(A) Penalty for tree preservation fencing violation. The removal, temporary removal, alteration, or relocation of an installed tree protection fence without written authorization from the Comptroller, or his or her designee, shall incur a penalty fee of $100 per occurrence. The applicant shall be responsible for paying this penalty to the village within two business days from the date of the violation.
(B) Additional penalty for encroaching tree protection area. Entering a tree protection area that was required to be fenced shall result in an additional cost of $50 per diameter inch for any tree that is damaged in the opinion of the village, including, but not limited to, grading, trenching, limb or bark removal, storage of materials or parking of vehicles. The cost of any necessary remedial tree care action shall be the responsibility of the applicant and shall be made payable to the village.
(Ord. 7-5, passed 1-24-07)
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