905.07 VILLAGE RESPONSIBILITIES.
   (a)    The Village may remove or cause or order to be removed, any trees or part thereof which by reason of its nature is injurious to existing sewers, electric power lines, gas lines, water lines, or other public improvements.
   (b)    All stumps of street and park trees shall be removed below the surface of the ground to facilitate landscaping by our Village employees. Cost shall be borne by the Village Tree Fund or similar fund as deemed necessary by the Village Administrator.
   (c)    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/or public property, or harbor insects or disease which constitute a potential threat to other trees within the Village. The Village Administrator will notify by certified letter the owners of such trees.
   (d)    Removal shall be done by the owners at their own expense within sixty (60) days of 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 and charge the cost of removal on the owner's property tax notice.
   (e)    The Commission shall examine or cause to be examined every tree within 100 feet of any sanitary or storm sewer, drain, manhole, or other public utility line above or below the surface of the ground, which has been reported as dangerous to or causing interference with said sewer, drain, manhole or public utility line, and if found dangerous or causing damage or obstruction of such sewer, drain, manhole or public utility line, he shall give to the property owner written notice of their findings and an order that such person remove said tree or injurious part thereof within forty five (45) days.
   (f)    Whenever it is necessary for the Village to remove a tree from the Village right of way, the Village shall remove such trees and replace them or plant, on another right of way area, an equal number of trees to the satisfaction of the Commission.
   (g)    No person or property owner shall remove a tree from the right of way for any reason.
   (h)    Whenever any tree or shrub is planted or set out in conflict with the provisions of this ordinance and policies and specifications of the Village, the Commission may cause removal of the same without obligating the Village to replace the illegally planted tree(s).
   (i)    All planting of public trees shall conform to the Village of Elmore Tree Planting Specifications and the most current Master Street Tree Planting Design within the Village of Elmore's Urban Forestry Management Plan. All selection of public trees shall promote the establishment of quality tree canopy, thus favoring the use of large stature trees where space accommodates them. (Ord. 28-23. Passed 12-11-23.)