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(1) Dutch Elm Disease: Any elm tree infected with Dutch elm disease, as determined by laboratory analysis, is hereby declared to be a public nuisance and subject to abatement as such; and it shall be unlawful for the owner of property within the Village whereon such a tree is situated, to possess or keep such a tree after notification of the discovery of the infection.
(2) European Elm Bark Beetle: Trees or parts thereof in a dead or dying condition that serve as a breeding place for the European elm bark beetle, Scolytus Multistriatus, are hereby declared to be a public nuisance, and it shall be unlawful for the person owning property whereon the same is situated to possess or keep the same within the Village.
B. Notice To Remove Tree:
(1) Notice Of Existence Of Nuisance; Required Action: The Village Manager, or his representative, shall give to the owner of the premises where any public nuisance described in this Section shall be found, a written notice of the existence of such nuisance, which notice shall require the owner to take action to cause the removal and disposal of the same within ten (10) days following such notice, such removal and disposal to be under the direction, approval and general supervision of the Village Manager. The notice shall also notify the owner that unless such nuisance is removed and disposed of in compliance with the terms thereof within such ten (10) day period, the owner may become subject to a fine for failure to compliance, and, further, that the Village may proceed with the removal and disposal of such nuisance, and assess the owner a sum equal to the cost of such removal and disposal, but not to exceed the per inch diameter cost of such removal and disposal to the Village.
(2) Service of Notice: Service of such notice shall be by personal service where the owner of the said premises may be found in the Village. Where the owner is a nonresident of the Village, who upon reasonable diligence cannot be found or located within the Village, the notice shall be served by registered mail addressed to the last known address of the owner.
C. Removal By Village: If such owner shall neglect to abate such nuisance and cause the removal and disposal of such tree or part thereof, the village, by its agents, servants, or independent contractor engaged by the village, shall go upon such property to cut down, remove and cause the disposal of such nuisance, and to spray (either before or after such removal) an area of one thousand (1,000) square feet surrounding such nuisance, when directed by the village manager, and the owner shall be assessed a sum of the actual cost of removal and disposal.
D. Inspection: Agents, servants, employees or independent contractors engaged by the village may go upon any private property in the village for the purpose of examining elm trees to detect a diseased condition and for the purpose of removing a small portion of any tree as a sample to be transmitted to a laboratory for tests, for the purpose of spraying any elm tree, and for the purpose of removing any diseased elm tree. (Ord. 90-10-17)