(A) (1) No person shall plant any tree or allow any tree to grow within the sidewalk space without first making a written or verbal application to and receiving a written permit from the Overseer of Streets upon payment of the fee, if any, established by the Board of Trustees.
(2) Any tree planted within the sidewalk space after the adoption of this prohibition shall be deemed to be unlawfully planted and growing and may be determined to be a nuisance. Nothing in this section shall be construed to apply to any trees growing within the sidewalk space prior to the adoption of this prohibition.
(3) When any such tree is determined to be a nuisance, the village may proceed against the owner or occupant of the property adjacent to the sidewalk space as provided herein.
(B) (1) The village or its assignees has authority to maintain clearance of trees over streets and walkways if the abutting property owner does not do so pursuant hereto.
(2) If the abutting property owner does not maintain clearance of the trees over streets and walkways, notice to trim the trees shall be provided to the homeowner in writing by the Village Board of Trustees and if the homeowner does not maintain the tree pursuant to the notice provided the village will cause the work to be performed by a village employee at the rate of $50 per hour with a one-hour minimum.
(3) If a village employee is unable to perform the work, the village will contact a certified arborist to perform the work and the homeowner shall be taxed the cost of removal maintenance pursuant to the terms of the arborist fees and contract.
(4) All work performed and costs associated therewith by the village employee or a certified arborist shall be taxed to the homeowner.
(5) If the homeowner fails to pay, the village may recover the cost through a civil action or by filing a lien against the property.
(Ord. 2012-01, passed 2-7-2012)
Penalty, see § 92.999