(A) Village. The village shall prune, maintain and remove trees in the public right-of-way, parks or other village property as may be necessary to ensure public safety, public access or to preserve or enhance the symmetry and beauty of such public grounds.
(B) Private property. Every owner of property abutting on any street shall trim, cut and otherwise maintain all trees and shrubs from the line of such property nearest to such street to the center of such street in such a manner that the lowest branch of such trees shall not be less than eight feet above the sidewalk and a least 14 feet above the street, and otherwise keep all trees, branches and shrubs so trimmed and cut so to provide clear site distance to traffic signs and not interfere with persons or their safety, using the streets or other public property.
(C) Public tree care.
(1) The village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety, or to preserve or enhance the symmetry and beauty of such public grounds.
(2) The Village Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with injurious fungus, insect or other pest. This does not prohibit the planting of street trees by adjacent property owners providing that selection and location of said trees is approved by the Village Tree Board.
(D) Pruning standards.
(1) All tree pruning on public property shall conform to ANSI A3000 standards for tree care operations.
(2) Trimming and pruning of street trees is the sole responsibility of the village. Residents should notify the village of any street tree that interferes with passage on a street or sidewalk, or obstructs visibility of any traffic control device.
(E) Tree topping. It shall be unlawful as normal practice for any person, firm or village department to top any street tree, park tree or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Crown reduction by a qualified arborist may be substituted, where appropriate. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Village Tree Board.
(F) Pruning and corner clearance.
(1) Every owner of any tree on private property overhanging any street right-of-way within the village shall prune the branches so that such branches shall not severely obstruct the light of any street light or obstruct the view of any street intersection, and so there shall be a clear space of 13 feet above the street surface or eight feet above the sidewalk surface. Said owner shall remove all dead, diseased or dangerous trees, or broken or decayed branches which may constitute a menace to the safety of the public. The village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with the visibility of any traffic control device or sign or sight triangle at intersections.
(2)
Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the village electric utility.
(G) Dead or diseased tree removal on private property. The village shall have the right to cause the removal of any dead or diseased tree on private property within the village, when such tree constitutes a hazard to life and property, or harbor insects or disease which constitutes a potential threat to trees within the village. The Village Tree Board will notify in writing by certified mail the owners of such trees. Removal shall be done by said owners at their own expense within 30 days after the date of service of notice. In the event of failure of owners to comply with such provisions the village will have the authority to remove such trees and charge the cost of the removal on the owner’s property tax notice.
(H) Removal of stumps. All stumps shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(I) Protection of trees.
(1) Trees removed by decision of the Tree Board and/or Village Council or by natural causes shall be replaced somewhere in the village on a one-for-one basis within one year. The location and species of any replacement tree shall be determined by the Tree Board.
(2) Trees of desirable species and good health shall be protected as much as possible from damage during construction, sidewalk repair, utilities work above and below ground, and other similar activities. The zone of protection shall include the ground beneath the canopy of the tree.
(J) Tree trimming or removal on public property.
(1) Administrator.
(a) The Administrator or their duly authorized agent may trim any tree existing on any public place so as to ensure the safety or to preserve the symmetry or the beauty of such public place.
(b) The Administrator or their duly authorized agent may remove any tree or any part thereof which is in an unsafe condition or which by reason of its location and nature is a hazard to the public, and/or is injurious to other public improvements, and/or is infected with any injurious fungus, insect, or other pest, which cannot otherwise be controlled.
(2) Any resident wishing to have a street tree removed or trimmed which the Administrator or their duly authorized agent has declined shall make a request in writing to the Village Council. The Tree Board shall review the request and make a recommendation to Council.
(3) The Administrator or their duly authorized agent shall use the following criteria when considering tree removals:
(a) The tree is an immediate hazard to persons or property.
(b) The tree is diseased, and a certified arborist recommends its removal.
(c) The tree is hollow or has parts that are hollow and may pose a danger to persons or property.
(4) The Tree Board shall determine whether the Administrator has the requisite combination of knowledge, training, and experience to make the determinations set forth herein, or in the alternative whether the Administrator should defer to a duly authorized agent who has the requisite combination of knowledge, training, and experience to make the determinations set forth herein, such as an arborist or similar expert, which the Administrator shall employ with the approval of the Village Tree Board.
(K) Tree trimming or removal on private property.
(1) Whenever the Administrator or their duly authorized agent determines that any tree located on private property has become infected with any parasite, insect, pest or fungus so as to threaten spreading to trees standing in any public place, or whenever the Administrator or their duly authorized agent determines that any tree on private property in the village because of decay or other conditions is apt to fall in whole or in part across any public property, he shall declare the same to be a public nuisance and cause written notice to be served upon the owner or occupant of such private property.
(2) The notice shall order the owner or occupant to spray or otherwise treat the tree or remove it in the manner and within the time provided in the written notice.
(3) If the order is not complied with, the Administrator or his duly authorized agent is authorized to enter upon such private property and to spray or otherwise treat or remove such tree or infected or dangerous parts thereof at the expense of the owner. The entire cost and expense of the work involved shall be a lien on the premises and billed and collected in the manner provided for in this chapter.
(4) When the Administrator or his duly authorized agent is required to give notice to the owner or occupant of any private property to perform any work as required by this chapter, the notice shall be in writing, shall state the particular the nuisance, the time in which the work shall be performed and shall contain a statement notifying the owner that if the work ordered by such notice is not done within the time specified in the notice, then the work will be done by the village at the expense of the owner, and that the entire cost thereof shall be a lien upon the private property whereon such tree stands. The notice shall also contain a statement that when the cost has been ascertained, the owner shall be billed therefore by the village and the amount of the bill shall be payable in cash to the Clerk/Treasurer within 30 days from presentation to such owner. Upon failure to pay the bill, the amount thereof together with a penalty of 5% shall be certified by the Clerk/Treasurer to the County Auditor to be collected with other taxes for the ensuing tax year.
(5) Notice shall be served personally or by certified mail to the last known address of the owner, occupant or other person having charge of such property. If the addresses are unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the village.
(Ord. 16-2005, passed 4-4-2005; Ord. 26-2021, passed 6-7-2021; Ord. 27-2021, passed 6-7-2021; Ord. 28- 2021, passed 6-7-2021)