(A) Definition. The following are hereby declared PUBLIC NUISANCES under this subchapter:
(1) Any dead or dying tree, shrub or other plant, whether located on village-owned property or on private property;
(2) Any otherwise unhealthy tree, shrub or other plant, whether located on village-owned property or on private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree, shrub or other plant;
(3) Any tree, shrub or other plant, or portion thereof, whether located on village-owned property or on private property, which, by reason of location or condition, constitutes an imminent danger to the health, safety or welfare of the general public; and/or
(4) Any tree, shrub or other plant, or portion thereof, whether located on village-owned property or on private property, which obstructs the free passage of pedestrian or vehicular traffic, or which obstructs a street sign on village property.
(B) Right to inspect. Authorized employees of the village, as determined by the Village Board, have the authority to enter onto private property whereupon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance.
(C) Abatement. The following are the prescribed means of abating public nuisances under this subchapter:
(1) Any public nuisance under this subchapter, which is located on village-owned property, shall be pruned, removed or otherwise treated by the Public Works Department in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
(2) Any public nuisance under this subchapter, which is located on private-owned property, shall be pruned, removed or otherwise treated by the property owner or his or her agent in whatever fashion is required to cause the abatement of the nuisance. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied.
(a) The Building Commissioner shall cause a written notice to be personally served or sent by registered or certified mail to the person to whom was sent the tax bill for the general taxes for the last preceding year.
(b) The notice shall describe the kind of tree, shrub or other plant or plant part which has been declared to be a public nuisance; its location on the property; and the reason for declaring it a nuisance.
(c) The notice shall describe, by legal description or by common description, the premises.
(d) The notice shall state the actions that the property owner may undertake to abate the nuisance.
(e) The notice will require the elimination of the nuisance no less than 30 days after the notice is delivered or sent to the person to whom was sent the tax bill for the general taxes for the last preceding year.
(Ord. 1614, passed 5-6-1999)