(A) The following are public nuisances:
(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, 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 light;
(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 in the “visibility triangle” as such may be determined by the Village Engineer pursuant to ordinance;
(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 part that is suspected to be a public nuisance.
(C) The following are the prescribed means of abating public nuisances under this chapter:
(1) Any public nuisance, under this chapter, which is located on village-owned property shall be pruned, removed or otherwise treated by the Forester in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
(2) (a) Any public nuisance under this chapter 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 case 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:
1. The Forester shall cause a written nonce 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.
2. The notice shall describe the kind of tree, shrub or other plant part which has been declared to be a public nuisance; its location on the property; the reason for declaring it a nuisance.
3. The notice shall describe the premises by legal description or by street address.
4. The notice shall state the actions that the property owner may undertake to abate the nuisance.
5. 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.
6. The notice shall include a copy of this chapter and a copy of ILCS Chapter 65, Act 5, §§ 11-20-11 and 11-20-12.
(b) In the event flat the nuisance is not abated by the date specified in the notice, the Forester is authorized to cause the abatement of the nuisance. The reasonable cost of the abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the property owner upon which the nuisance is located shall be subject to prosecution under § 95.99. Nothing in this provision shall be construed to exempt any person from the requirements of obtaining permits under § 95.06.
(3) The Forester is empowered to cause the immediate abatement of any public nuisance provided that the nuisance is determined by the Forester to be an immediate threat to any person or property.
(D) The Forester is hereby empowered to seek from any court of competent jurisdiction an order directing immediate abatement of any public nuisance.
(1981 Code, § 20.07)