A. Inspection: The village, or the person performing tree and plant inspections by authority of the village, is hereby authorized and directed to enter on and upon private property whereon there is located any tree or plant having the appearance of or suspected of having the Dutch elm disease, the elm yellows disease (formerly called phloem necrosis), oak wilt, pine wilt or any other infectious disease, or insect infestation, for the purpose of inspecting said trees and, if required in order to verify the presence of disease, removing therefrom samples or portions thereof to be tested. In addition, the village, or said person making inspections, is hereby authorized and directed to enter on and upon private property whereon there is located any pile of cut wood suspected of or having the potential for harboring the diseases or infestations hereinabove listed.
B. Nuisances Declared: In the event that it is determined that the tree is in fact diseased or infected with the Dutch elm disease, elm yellows disease, oak wilt, pine wilt or any other infectious disease, said tree shall forthwith be and it is hereby declared to be a nuisance. Also, trees or parts thereof in a dead or dying condition and woodpiles which serve as a breeding place for the elm bark beetle or other disease spreading insect, bug or vector are hereby declared to be a nuisance.
C. Removal By Owner Or Occupant:
1. The owner, occupant or agent of the parcel of land on which said diseased tree or plant or woodpile exists shall forthwith remove said tree or plant or woodpile from the corporate limits within ten (10) days of notification to such owner, occupant or agent by the village to do so. All infected plant material must be disposed of in a manner which conforms with all applicable laws. Any material that is chipped must not exceed one square inch on any final chip surface.
2. It shall be unlawful for the owner of any premises in the village to permit any tree, plant or woodpile, or portion thereof, infected with an infectious disease, to remain on such premises.
D. Removal By Village; Costs: In all cases where the owner, occupant or agent of the parcel of land on which said diseased tree or plant is located cannot be found, or if found and notified as aforesaid, neglects or refuses to abate said nuisance within ten (10) days of said notification, it shall be lawful for the village to abate the same by removal and disposal of said diseased tree or plant. The owner, occupant and agent, or any of them, shall be charged with those expenses incurred by the village in the removal or abatement of the diseased tree, plant or breeding place. The person charged with such removal and disposal may request that the same be done by the village or its authorized agent, and all expenses incurred in connection therewith shall be assessed against the property owner. All expenses incurred by the village which are not paid by the owner or person interested in the affected real estate shall become a lien upon said real estate upon the service and filing of a notice of lien pursuant to 65 Illinois Compiled Statutes 5/11-20-12. (Ord. 95-03, 4-10-1995)