(A) Nuisances declared. The following are hereby declared public nuisances under this section:
(1) Any dead tree;
(2) Any tree, whether on public or private property, that harbors insects or diseases which reasonably may be expected to harm any other tree, such as Dutch elm disease, oak wilt, emerald ash borer, gypsy moth, Asian longhorned beetle and any other insect or disease deemed a public nuisance by the Village Manager or his or her designee;
(3) Any tree, or portion thereof, whether on public or private property, that is substantially dead or in deteriorated or unstable condition and which presents a hazard to persons or property;
(4) Any tree, whether on public or private property, that overhangs and because of its deteriorated condition may fall onto another’s private property or onto the public right-of-way and constitutes a danger to the health, safety or welfare of the public;
(5) Any tree, whether on public or private property, that obstructs or interferes with the free and safe passage of pedestrian or vehicular traffic.
(B) Unlawful to maintain public nuisance. It shall be unlawful for the owner of any lot or parcel of land, or a tenant upon the land, in the village to permit or maintain on any such lot or parcel of land a public nuisance as identified in division (A) of this section. It shall be the duty of such owners or tenants to promptly abate any such public nuisance in accordance with the provisions of § 9-4-4.
(C) Boundary trees. A
BOUNDARY TREE
is hereby defined as a tree that has any portion of its trunk column located on a property line between private property and village property or village right-of-way. A boundary tree generally is, by operation of law, co-owned by the village and the owner of the abutting private property. It shall be the duty of the village to promptly abate any public nuisance pertaining to a boundary tree. The Village Manager, or his or her duly authorized representative, shall serve or cause to be served upon the person that is the owner or tenant of the lot or parcel of land on which any portion of such boundary tree is located, a written notice of the village's intention to abate such public nuisance in compliance with the provisions of this article.
(Ord. 2014-02-08, passed 2-18-2014; Ord. 2014-08-40, passed 8-18-14)