The village shall have the right to cause the removal of any dead or diseased trees on private property within the village, when such trees constitute a hazard to life and property, or harbor insects or disease that constitutes a potential threat to other trees within the village. The Village Tree Board or Public Works Department will notify in writing the owners of such trees. Removal shall be done by the owners at their own expense within a maximum of 30 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the village shall have the authority to remove such trees at the expense of the village with the cutting and removal charges and expenses charged to and paid by the owner.
(A) Charges for tree removal shall be a lien upon the real property. Whenever a bill for tree removal remains unpaid, the Village Clerk, or the person performing the service by authority of the village, shall file with the County Recorder of Deeds within 60 days after the expense is incurred a notice of lien in the name of the village or in the name of the person performing the service. The notice of lien shall consist of a sworn statement setting forth the legal description of the real property and a common address sufficient for identification thereof; the amount of the cost and expense incurred or payable for the removal of the trees; and the date or dates when such cost and expense was incurred by the village. The failure of the Village Clerk to mail the lien notice or record the notice shall not affect the right to foreclose the lien, as provided for in the following section. Expenses shall include but not be limited to the expenses of the cutting and removal, service and filing expenses and reasonable attorney's fees.
(B) Property subject to a lien for unpaid tree removal charges shall be sold for nonpayment of the charges and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by a bill in equity in the name of the village within two years of the date of the cutting and removal of the trees. The Village Attorney shall hereby be authorized and directed, following approval of the corporate authorities, to institute such proceedings in the name of the village against any owner for which a bill for tree removal has remained unpaid for a period of 60 days after the expense has been incurred in any court having jurisdiction over such matters. The owner shall also be required to pay any and all costs and expenses of the village for the foreclosure of the lien including, but not limited to, reasonable attorney's fees. In addition to foreclosure of the lien, the village may institute any necessary proceedings in any court of law to recover from the owner the costs and expenses of the village in cutting and removing the trees, including but not limited to reasonable attorney's fees.
(C) Upon payment of all of the expenses of the village, the lien shall be released by the village in the same manner as the filing of the lien.
(Ord. 1780, passed 5-5-14) Penalty, see § 158.99