(a) Public Nuisance. The Village of Franklin determines that all dead, diseased, infested, decayed, defective, or damaged trees located in the Village that threaten or endanger the public or persons, structures or property on-site or on adjoining land are public nuisances.
(b) Owner’s Responsibilities.
(1) Land owners shall maintain or treat their trees so that the trees do not become a threat or danger to the public or to persons, structures or property on-site or on adjoining land.
(2) It shall be the land owner’s responsibility to properly and safely prune, treat, remove and/or dispose of any trees, branches and limbs which, due to death, disease, infestation, decay, defect or damage, threaten or endanger the public or persons, structures or property on-site or on adjoining land, and to also remove any fallen trees, branches and limbs in an approved manner.
(3) Diseased or infested trees, including but not limited to those infected by the fungus Ceratostomella ulmi (Dutch elm disease), shall be removed and destroyed in a manner approved by the Village Administrator or his or her designee.
(c) Dangerous Tree Determination. In determining whether the condition of a tree, branch or limb threatens or endangers the public or persons, structures or property on-site or on adjoining land, the Village shall be guided by the International Society of Arboriculture Guide to Evaluation of Hazard Trees in Urban Areas.
(d) Notice that Action Must be Taken.
(1) On Private Property.
A. The Village may notify an owner of land on which a dead, diseased, infested, decayed, defective, or damaged tree, branch, or limb is found, to abate the nuisance by pruning, treating and/or removing the tree, branch or limb. The notice shall be in writing, shall be served personally or by certified mail on the land owner according to the current property tax rolls, shall specify the nature of the pruning, treatment and/or removal work needed, and shall prescribe the time period within which it must be performed, which shall be not more than 30 days unless the Village Administrator or his or her designee determine exigent or special circumstances necessitate a different time period.
B. Should such nuisance not be abated within the 30-day period, the owner or occupant, or both, shall be deemed in violation of this division and subject the penalties set forth in Section 1232.06.
(2) On Public Property. Whenever a tree on public property is determined to be dead, diseased, infested, decayed, defective, or damaged, the Village or other public agency that has jurisdiction over the property shall forthwith cause such public nuisance to be abated by pruning, treating and/or removing the tree, branch or limb in an approved manner.
(Ord. 2010-04. Passed 5-10-10.)