(A) General maintenance. The owner, tenant or their agent, if any, shall be responsible for the maintenance of all landscaping located on the site required by the provisions of this chapter or by any approved development plan for the site. Landscaping shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. Any dead, or severely damaged or diseased plant shall be replaced by the owner, tenant, or their agent during the next planting season for the particular plant or plants in question.
(B) Pruning.
(1) The owner of trees overhanging public streets or right-of-way shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public.
(2) The village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light or interferes with the visibility of any traffic control device or sign. The property owner will be charged the cost of such service that the village initiates for public safety.
(C) Tree topping. It shall be unlawful for any person to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Village Tree Board.
(D) Dead or diseased tree removal on private property. 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 property, or harbor insects or disease which constitute a potential threat to other trees within the village. The Village Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of the service of notice. In the event of failure of the owners to comply with such provisions, the village shall have the authority to remove such trees and charge the cost of removal to the property owner.
(E) Public tree care. The village shall have the right to plant, prune, maintain and remove trees, plants and shrubs, within the right-of-ways of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Village Tree Board may remove any tree or part thereof, which is in an unsafe condition or by reason of its own nature, is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is infected with any injurious fungus, insect or other pest.
(F) The branches of deciduous trees and shrubs may be selectively thinned by up to one-third in accordance with good horticultural practice; however, in no case shall trimming result in reducing the overall size of the plant below that specified on the approved landscape plan.
(G) Based upon the recommendations of the Village Tree Board, certain types of trees will not be acceptable in parkway areas for reasons pertaining to potential damage of public utilities, sidewalks, or potential hazards to pedestrians and traffic safety.
(H) Failure to maintain required landscapes in good health and neat appearance is subject to the penalties enumerated in this chapter and subject to other penalties as may be provided by law.
(Ord. 1565, passed 4-1-96; Am. Ord. 2341, passed 12-18-06) Penalty, see § 158.99