(A) The following are hereby declared public nuisances under this section:
(1) Any dead or dying tree, shrub, or other plant, whether located on village-owned property or on private property;
(2) Any otherwise healthy 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;
(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; and
(5) Any tree, shrub, or other plant, or portion thereof, whether located on village-owned property or on private property, which dangerously obstructs the view, as such may be determined by the Village Engineer pursuant to this section.
(B) The officers, agents, servants, and employees of the village have the authority to enter onto private property whereon there is located a tree, shrub, plant, or other plant part that is suspected to be a public nuisance.
(C) The following are the prescribed means of abating public nuisances under this section:
(1) Any public nuisance under this section which is located on village-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 within a reasonable time after its discovery;
(2) Any public nuisance under this section, which is located on private 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 Arborist shall cause a written notice to be personally served, or sent by registered mail, to the person to whom was sent the tax bill for the general taxes for the last preceding year;
(b) Such notice shall describe the kind of tree, shrub, or other nuisance, its location on the property, and the reason for declaring it a nuisance;
(c) Such notice shall describe, by legal description or by common description, the premises;
(d) Such notice shall state the actions that the property owner may undertake to abate the nuisance; and
(e) Such 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.
(3) The Arborist is empowered to cause the immediate abatement of any public nuisance, provided that the nuisance is determined by the Arborist to be an immediate threat to any person or property.
(Prior Code, § 32-7) Penalty, see § 153.99