A tree which is determined by the village arborist, as defined in § 34-22 of this chapter, to be a nuisance tree is one which is dead or declining and has the potential to damage other trees, people, or structures. These trees may be located on public or private property.
(a) For purposes of this chapter declining means a tree that may provide potential impacts to other trees, people or structures. This would include, but not be limited to, diseased, infested or structurally unsound trees.
(b) It shall be the duty of the property owner on any parcel to promptly remove any trees which pose a risk.
(c) Infected, infested trees due to a pest or pathogen are defined as a nuisance.
(1) Any tree which is in a state of irreparable or untreatable decline due to heavy infestation or disease is included in the definition of a nuisance. Infested or infected trees, which are identified by Federal or state departments of agriculture to be in quarantine or can potentially infect or infest other trees are defined as a nuisance. This would include but not be limited to Ash (Fraxinus) trees infested with emerald ash borer which are not being treated or whose treatment is ineffectual, or Elm trees (Ulmus) infected with Dutch elm disease. Trees infected with Dutch elm disease or Emerald Ash Borer shall be subject to the additional regulations set forth in § 34-9 of this Code.
A. The village shall enforce state and federal regulations governing quarantine zone boundaries, and regulated articles.
B. For the purposes of this section, "regulated articles" are hereby defined as any insects at any living state of development, any materials such as wood products including, but not limited to chips, limbs, lumber, firewood or any other product or means of conveyance which may be determined by federal or state departments of agriculture to pose a risk of spread of any infestation or infection.
C. It shall be illegal to move out of established quarantine zone(s) regulated articles unless those articles have met all requirements of the local, federal and state regulatory agencies.
D. It shall be illegal for any person or entity to transfer from a quarantine zone into a non-quarantine zone any regulated articles.
E. Any person or entity found to be in violation of any local, state or federal regulations related to tree infestations or infections shall be prosecuted to the full extent of the law.
F. All contractors working within and near any quarantine zone(s) are required to comply with the quarantine regulations and supply records that may be required for inspection to the village, county, state or federal agencies upon request.
(2) Trees in decline or dead are defined as a nuisance:
A. Any tree or part of a tree which is dead which could potentially fall on a person or structure is defined as a nuisance.
B. It shall be unlawful for any owner of any lot or land in the village to permit or maintain on any such lot or land, any tree which is dead, or declining to the state where it may create a potential risk for structures or people. It shall be the duty of any such owner to promptly cause the removal of any such tree.
(d) Removal of public nuisances. Unless the owner initiates and maintains a treatment program overseen by a licensed arborist and approved by the village arborist, the village manager or his/her designee, shall give to the owner of the real estate where the public nuisances described in this section are found a written notice of the existence of such nuisance and requiring the removal of the same within 30 days following such notice, such removal to be done under the direction and supervision of the village manager or his/her designee. The notice shall also notify the owner of the real estate that, unless such nuisance is removed in compliance with the terms thereof within such 30-day period, the village will proceed with the removal of such nuisance, and assess the cost thereof against the owner.
(e) Duty of owner to remove diseased or dead tree or breeding place. Upon receipt of notice, it shall become the duty of the owner of the real estate to cause such tree or breeding place to be removed under the supervision of the village manager, or his/her designated representative. In lieu thereof, the person charged with such removal may request in writing that the same be done by the village manager, or his/her designated representative. If the village shall remove any tree or breeding place, all costs incurred in connection therewith shall be assessed against and paid by such owner.
(f) Enforcement. The village manager or his/her designee, is charged with the enforcement of this section. When the village manager is unable to effect voluntary entry onto private real estate for the purpose of inspecting the trees thereon, the village manager shall seek the necessary authorization to make or cause entry to be made onto the real estate.
(g) Notwithstanding the general provisions of §§ 34-8 through 34-19, Dutch Elm Disease and Emerald Ash Borer nuisance trees are subject to the additional requirements set forth in § 34-20.
(Ord. No. 2022-12-3532, § 2)