(a) Incorporation of certain provisions of the Illinois Municipal Code. For purposes of implementing and enforcing the applicable provisions of the Illinois municipal code, as amended, that relate to property maintenance, removal of nuisances and filing and enforcing liens for associated removal costs, the village incorporates by reference the following provisions and all updates and amendments: division 2 (ordinances) of the Illinois Municipal Code (65 ILCS 5/1-2-1 et seq.), including, but not limited to, §§ 11-20-7, 11-20-11, 11-20-12, 11-20-15 and 11-20-15.1. Any conflict between this code and the incorporated provisions of the Illinois municipal code, as amended, shall be resolved by following the state law provisions.
(b) Nuisance. All species and varieties of elm trees (Ulmus and Zelkova) infected with Dutch elm disease (the fungus Ceratostomella ulmi), as determined, when an owner is directed by the village arborist to do so, by laboratory analysis or another method of analysis approved by the village arborist and paid for by the owner, are declared to be a public nuisance, and shall be removed within 30 days following notification of the discovery of such infection. The results of the analysis shall be given to the village arborist within seven days of the owner's receipt of the results. All other similarly infected trees are declared to be a public nuisance and shall be removed within 30 days following notification of the discovery of such infection, unless the tree is placed in or is being actively treated under a nationally recognized treatment program overseen by a licensed arborist hired by the owner and approved by the village arborist. It shall be unlawful for the owner of real estate where such a tree is situated to possess or keep such a tree, after the expiration of 30 days following notification issued by the village of the discovery of said infection, unless the owner initiates and maintains a treatment program overseen by a licensed arborist and approved by the village arborist. See 65 ILCS 5/11-20-12(c) for definition of "treatment".
(c) Elm Bark Beetle breeding places. Trees or parts thereof of Ulmus (elm) or Zelkova in a dead or dying condition that may serve as a breeding place for the European elm bark beetle, Scolytus multistriatus, are declared to be a public nuisance, and it shall be unlawful for the owner of real estate where the tree is situated to possess or keep the same.
(d) Emerald Ash Borer. Trees of all species and varieties of ash trees (Fraxinus) infected with the emerald ash borer beetle (Agrilus planipennis Fairmaire) that are dead or have lost at least 50% of their crown, as determined by the village arborist, shall be declared to be a public nuisance and shall be removed within 30 days following notification of the discovery of such infection. All other similarly infected trees are declared to be a public nuisance and shall be removed within 30 days following notification of the discovery of such infection, unless the tree is placed in or is being actively treated under a nationally recognized treatment program overseen by a licensed arborist hired by the owner and approved by the village arborist. It shall be unlawful for the owner of real estate where such a tree is situated to possess or keep such a tree after the expiration of 30 days following notification of the discovery of said infection by the village, unless the owner initiates and maintains a treatment program overseen by a licensed arborist and approved by the village arborist. See 65 ILCS 5/11-20-12(c) for the definition of "treatment".
(f) Lien. Notice of the lien claim for removal activities performed to abate the nuisances under this section shall be mailed by the village manager, or his/her designated representatives, to the owner and occupant of the real estate whenever such bill remains unpaid for a period of 30 days after it has been rendered. The failure of the village manager, or his/her designated representatives, to record such lien claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills for removal activities as provided herein. This lien upon the real estate is superior to all other liens and encumbrances, except tax liens and as otherwise provided by state law; provided that notice has been given as herein described, and further provided that within one year after such removal costs are incurred the village, or person performing the service by authority of the village, in his/her or its own name, files notice of lien in the office of the recorder of deeds of Cook County. The notice shall consist of a sworn statement setting out: 1) a description of the real estate sufficient for identification thereof, including the identification of the real estate by common description; 2) a description of the removal activities; 3) the amount of money representing the removal costs; 4) the date or dates when such removal costs were incurred by the village; and 5) a statement that the lien has been filed pursuant to applicable provisions of this code and the provisions of 65 ILCS 5/11-20-7, 11-20-8(d), 11-20-12(d), 11-20-13(e), 11-20-15, 11-20-15.1 or 11-31-1.01, as applicable.
(g) Service of notice. Prior to filing the lien, the following notice shall be personally served on, or sent by certified mail to, the person whom was sent the tax bill for the general taxes on the real estate for the last preceding year. The notice shall be delivered or sent after the removal activities have been performed. The notice shall: 1) state the substance of 65 ILCS 5/11-20-12 and 5/11-20-15 and the substance of any ordinance implementing those laws; 2) identify the real estate at issue by common description; and 3) describe the removal activities. See 65 ILCS 11-20-7 and 11-20-15.
(h) Release of lien. Upon payment of the removal costs, the lien filing fees and the release filing fees by the owner of or persons interested in such real estate, after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed and the release may be filed of record as in the case of filing the notice of lien. See 65 ILCS 5/11-20-15(h) or 11-20-15.1(e).
(i) Trees partly on private real estate and partly on public real estate. Dutch elm diseased trees and Emerald Ash borer infested trees, the trunks of which, in the opinion of the village manager, or his/her designated representative, are partly on village owned real estate and partly on privately owned real estate, shall be removed by the village. The cost of such tree removal shall be shared equally by the village and the owner of record of the privately owned real estate. In the event that the owner of the privately owned real estate, upon notice from the village, fails to pay one-half of said cost within 30 days, then the village shall pay the entire cost of the tree removal and shall have the right to collect from the owner one-half of the cost by lien or suit for judgment. The cost shall be a lien upon the real estate, provided that notice is given to the owner prior to 30 days before the tree removal and a notice of lien is recorded in the recorder's office within 60 days after the removal costs are incurred, as provided by 65 ILCS 5/11-20-12. For purposes of this section, the village property line shall be deemed to be 33 feet from the centerline of each street, except in those instances where a street may be more than 66 fet in width, in which case the village engineer, or his/her designated representative, shall determine the location of the property line. In the sole discretion of the village manager, or his/her designated representative, the village may agree to place the tree in a nationally recognized treatment program overseen by a licensed arborist hired by the owner and approved by the village arborist. The village and the private owner shall share equally the costs of such treatment program.
(j) Village to remove its own trees. Unless the tree is placed in or is being actively treated under a nationally recognized treatment program overseen by the village arborist, infected trees on village owned real estate and on public streets and highways within the corporate limits shall be removed at the expense of the village.
(k) Abandoned residential property; removal; lien. For nuisance trees removed from properties qualifying as abandoned under § 11-20-15.1 of the Illinois Municipal Code (65 ILCS 5/11-20-15.1), the village may impose liens in accordance with the processes set forth in § 5/11-20-12(d) and 11-20-15.1 of the Illinois Municipal Code (65 ILCS 5/11-20-12(d); 65 ILCS 5/11-20-15.1), as amended.
(l) Foreclosure of lien. Liens imposed pursuant to this section may be foreclosed on in accordance with the processes set forth in § 11-20-15.1(d) of the Illinois Municipal Code (65 ILCS 5/11-20-15.1(d)), as amended.
(Ord. No. 2022-12-3532, § 2)