(a) Trimming and Removal of Trees and Branches. The owner or agent of the owner of any lot or parcel of land fronting or abutting on any street or public ground in the Village shall be responsible for the trimming and/or removal of all trees growing on or in the front yard or side yard of such premises. Trimming of trees shall include the trimming of branches of trees overhanging any portion of the street or public ground, or overhanging any portion of the sidewalk. All branches overhanging any sidewalk or roadway shall be trimmed so as to have a clear height of ten feet above the surface of the sidewalk or roadway, unobstructed by branches. All dead, decaying and broken limbs or branches that overhang a sidewalk or street, or that are liable to fall thereon, shall be removed from said trees.
(b) The Urban Forester may Identify Hazard Trees in the Municipality. Hazard trees are hereby defined as any tree within the Municipality that is dead, diseased or otherwise threatening to fall within public lands or public right of way or easements, or otherwise a potential hazard to the public health, safety and/or welfare, as determined by the Urban Forester. If a hazard tree is identified, the Urban Forester shall notify the owner of the hazard tree and require the owner to remove the hazard tree. The Urban Forester has the authority to enter onto any property within the Municipality to determine if a tree is a hazard to the public health, safety and welfare.
(c) Notice to Remove. The owner, occupant or person having the charge or management of any lot or parcel of land situated within the Village, whether the same is improved or unimproved, vacant or occupied, within five days after written notice to do so, shall cut or destroy or cause to be cut or destroyed any hazard tree.
The Urban Forester shall cause a written notice to be served upon the owner of the land, or upon the lessee, agent or tenant having charge of such land, notifying him or her that a hazard tree is located upon such lands, and that it must be cut and destroyed within five (5) days after the service of such notice. If the owner or other person having charge of such lands is a nonresident whose address is known, such notice shall be sent to his or her address by certified mail. If the address of such owner is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the municipality.
(d) Removal by Municipality. In the event the owner does not remove any hazard tree, in accordance with the provisions of this section, the Urban Forester shall cause to be removed said tree.
(e) Assessment of Costs by Municipality. Whenever any hazard tree is removed by the Village, the Village shall give five days notice, by regular mail, to the owner of such lot or parcel of land, at his or her last known address, to pay the cost of such trimming or removal of such hazard tree, which notice shall be accompanied by a statement of the amount of cost incurred. In the event the same is not paid within thirty days after the mailing of said notice, such amount shall be certified to the County Auditor for collection in the same manner as other taxes and assessments are collected. Such remedy shall be in addition to the penalty provided for in subsection (f) hereof.
(f) Penalty. Whoever violates subsections (a), (b), (c) or (d) hereof is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. 35-09. Passed 6-1-09.)