(A) Any tree or portion thereof located in the tree lawn or other public place shall be protected by this subchapter. In parks and other public spaces within the village, the responsibility for maintenance shall fall on the village. Regarding trees in or overhanging the tree lawn, the property owner will be responsible for the maintenance of trees consistent with and to the extent indicated by pertinent provisions of this subchapter.
(B) In case of emergency removal of a dangerous tree or portion thereof, the village has the power and authority to remove, or cause to be removed, the tree or portion thereof with costs to be assessed consistent with this subchapter.
(C) If the property owner wishes a tree in the tree lawn to be planted, cut, trimmed pruned, removed, sprayed or treated, that property owner must first receive permission to do so by the Tree Commission or its designee, except that the property owner may perform or have performed minor trimming as defined by this subchapter without permission, license or certification of the Tree Commission or other officials of the village. The property owner will contact the Village Administrator who will then make arrangements for the inspection of the tree or trees to be considered where such permission is required.
(D) Further, the Tree Commission or its designee may make a property owner aware that retention of the tree or portion thereof is deemed by the Tree Commission to be unsafe or not in the public interest. This includes cases of destructive or communicable disease or other pestilence which endangers the growth and health of trees, or threatens to spread disease or insect infestation. Such notice will be given in writing at least 30 days prior to removal or treatment, unless the Tree Commission or its designee should determine that immediate removal or treatment is required to protect the public health, safety and welfare. Any such removal shall be accomplished by the village or its agents at the sole expense of the property owner.
(E) In the case of an emergency, where the risk to public health and safety is deemed by the Tree Commission or its designee to be sufficiently imminent or emergent that notification of the property owner is not practical or places village life or property at unacceptable risk of harm, the village or its agents shall promptly remove or cause to be removed or treated any tree or portion thereof as it deems to be unsafe or contrary to the public interest. All wood so removed from the public right-of-way shall be the property of the village unless the property owner requests such wood, in writing within one week of removal of the tree.
(Ord. 2002-07, passed 9-3-2002) Penalty, see § 91.99