A. Pruning Obstructions Required: It shall be the duty of any person(s) owning or occupying real property bordering on any street or other public access easement to prune any trees and other vegetation located on said property in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be ten feet (10') over sidewalks and twelve feet (12') over all street pavements, except in the case of truck thoroughfares, which shall have a clearance of sixteen feet (16').
B. Removal Of Hazardous Trees: It shall be the duty of any person(s) owning or occupying real property bordering on any street or other public access easement to remove any trees (or portions thereof) located on said property which, due to storm damage, disease or any other causes, have died or become diseased, loose, broken, cracked, leaning or otherwise hazardous because of the increased risk that said trees (or portions thereof) may fall onto the street or other public access easement.
C. Notice To Prune Or Remove: Should any person(s) owning real property bordering on any street or other public access easement fail to properly prune trees and other vegetation as hereinabove provided or to properly remove hazardous trees (or portions thereof) as hereinabove provided, the village administrator shall order such person(s), within ten (10) days after receipt of written notice, to so prune or remove such trees (or portions thereof) and other vegetation. (Ord. 95-03, 4-10-1995)
D. Right To Appeal: Any person receiving a notice as hereinabove provided shall have the right to appeal. The appeal shall be in the form of a letter to the village administrator and shall outline the specific reasons and justification for the appeal and shall request a hearing before the village administrator. The appeal must be received within five (5) days of the receipt of said notice. The decision of the village administrator, made after hearing the appeal, shall be final. (Ord. 95-03, 4-10-1995; amd. 2016 Code)
E. Failure To Comply; Pruning Or Removal By Village; Lien:
1. When a person to whom a notice to prune or remove is directed shall fail to comply within the specified time, it shall be lawful for the village to cause such trees and other vegetation to be pruned or removed at reasonable cost, which shall be reimbursed by the property owner within thirty (30) days.
2. All village costs for pruning or removal not reimbursed shall be a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens. Within ninety (90) days after said costs are incurred, the village shall file notice of lien in the office of the county recorder of deeds or in the office of the county registrar of taxes, whichever is applicable. Said notice shall consist of a sworn statement setting out:
a. A description of the real estate sufficient for identification thereof.
b. The amount of money representing the costs and expenses incurred or payable for the service.
c. The date or dates when said costs or expenses were incurred and payment thereof became delinquent. (Ord. 95-03, 4-10-1995)
3. The failure to record the lien or failure to record within said ninety (90) day period shall not relieve the owner of the property (as determined at the time the pruning or removal violation occurred) of the obligation to reimburse the village in full, and such obligation will continue in effect until paid.
F. Release Of Lien: Upon payment of the costs and expenses, including the cost of recording said notice and, in addition, the payment of a release fee as established in the annual fee schedule, by the owner of or persons interested in said lot, piece or parcel of land, a release of said lien by the village or person in whose name the lien has been filed shall be delivered to the person so paying the costs and expenses. (Ord. 95-03, 4-10-1995; amd. 2016 Code)