The Village, in accordance with the law, shall have the right to cause the removal of any dead or diseased trees, or trees that are deemed a nuisance on private property within the Village, when such trees constitute a hazard to life and property or harbor insects or disease which constitutes a potential threat to other trees within the Village. The Village will notify in writing the owners of such trees. Removal is the responsibility of said owners and shall be done by the owners at their own expense within sixty (60) days after the date of service of notice or such other time as may be agreed upon by the Village and the property owner. In the event of failure of owners to comply with such provisions, the Village shall have the authority to remove such trees and file a lien against the property for the amount of the costs of removal.
   A.   Identified nuisances:
      1.   Dutch Elm Disease (DED):
         a.   Nuisance: Any tree or part thereof, which living or dead, infected or attacked by Dutch elm disease, DED (Ceratocystisulmi) is hereby declared to be a nuisance. It shall be unlawful to permit any tree or part thereof so infected to remain in the Village.
         b.   Pruning: To mitigate the spread of Dutch elm disease the pruning of elms on public and private property from April through August is prohibited unless a hazardous situation arises.
         c.   Destruction Of Affected Trees: The owner, occupant or agent of the parcel of land on which the diseased elm tree exists shall remove and destroy the elm tree within ten (10) days after notification to such owner, occupant or agent, by the Village that the elm tree situated on said parcel of land is in fact diseased and infected.
         d.   Abatement By The Village: In case the owner, occupant or agent of the parcel of land on which a diseased elm tree is located cannot be found or if found and notified as aforesaid, neglects or refuses to abate the nuisance, the Village may abate the same by the removal and destruction of the diseased elm tree, and the owner, occupant, and agent or any of them, shall be charged with those expenses which may be incurred by the Village in the removal of the diseased elm tree, which expense shall be collected by the Village by suit, or otherwise.
         e.   Lien For Removal Cost: The cost of removal and destruction of a diseased elm tree is 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, the Village, or person performing the service by authority of the Village, in his own name, files notice of lien in the Office of the Recorder of Deeds of DuPage and Cook Counties. The notice shall consist of a sworn statement setting out: 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 Village. 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. The cost of such tree removal shall not be a lien upon the real estate affected unless a notice shall be personally served or sent by registered mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property, such notice to be delivered or sent not less than thirty (30) days prior to the removal of the tree or trees located thereon. The notice shall contain the substance of this section and identify the property, by common description, and the tree or trees affected.
         f.   Violations Of Nuisance Regulations: Whoever violates this section, in addition to any other fines, or fees, shall be subject to the following provisions:
            (1)   Fines: First offense, five hundred dollars ($500.00); second offense, one thousand dollars ($1,000.00); third and subsequent offense, two thousand five hundred dollars ($2,500.00).
            (2)   Lien: If the entity or person cannot pay the fines and fees, a lien shall be placed against their property.
      2.   Emerald Ash Borer:
         a.   Refer to the EAB Management Plan on file and available for viewing at the Office of the Village Clerk or Public Works Department.
      3.   Gypsy Moth:
         a.   The Village acknowledges the ongoing problem of gypsy moth and its devastating effect it can have on the tree population.
         b.   The Director of Public Works or their designee (Village forester, horticulturalist, etc.) shall authorize the treatment of trees when necessary in order to control the spread of this insect. (Ord. 32-2019, 5-28-2019)