A. Unlawful Conditions: It shall be unlawful for any person who owns, occupies or controls any premises in the village:
1. To set out or suffer any shade trees upon any streets or avenues adjoining such premises to grow or remain in a condition to interfere with the passing of vehicles or pedestrians; or
2. To cause or permit shade trees upon premises so occupied, owned or controlled by him, to grow or remain in such condition as to interfere with the passage of vehicles or pedestrians upon any street or avenue adjoining such premises. (Ord., 4-2-1928)
B. Plantings In Parkways: No bush, shrub or trees in groups shall be planted in any parkway, and no single trees may be planted in such parkway without a permit issued by the village clerk, which permit shall specify the location and species of the tree or trees authorized therein. Wherever any existing bush, shrub or groups of trees are a traffic hazard or encroachment upon the street, the same shall be promptly removed by the adjoining property owner upon being notified by the village board.
Any person violating any of the provisions of this subsection shall be subject to a class C penalty as provided in section 1-4-1 of this code. (Ord. 86, 10-13-1941; amd. 1989 Code)
A. Dutch Elm Diseased Trees: All species and varieties of elm tree (trees of genus Ulmus) infected with the fungus known as the Dutch elm disease (Certostomella ulmi) as determined by laboratory analysis by the section of applied botany and plant pathology, Illinois natural history survey, or by laboratories approved by such agency, are hereby declared to be a public nuisance.
B. Dead Elmwood: All species and varieties of elm trees that are dead or substantially dead, and all dead elmwood to which the bark is still attached, which, because of their condition, may serve as a breeding place for the European elm bark beetle (Scolytus multisriatus) and the native elm bark beetle (Hylurgopinus rufpies) are hereby declared to be public nuisances.
C. Dead Ashwood: All species and varieties of ash trees of any size that are dead or substantially dead, and all dead ashwood to which the bark is still attached, which, because of their condition, may serve as a breeding place for the emerald ash borer (Agrilus planipennis Fairmaire) in any living stage of development, are hereby declared to be public nuisances.
D. Regulated Articles Pertaining To Ashwood: "Regulated articles" are hereby defined as the following:
1. The emerald ash borer (Agrilus planipennis Fairmaire) in any living stage of development.
2. Ash trees (Fraxinus spp) of any size, whether healthy, infected with the emerald ash borer (Agrilus planipennis Fairmaire) in any living stage of development, or dead or substantially dead.
3. Ash limbs and branches.
4. Any cut nonconiferous wood.
5. Bark from ash trees and wood chips larger than one inch (1") in two (2) dimensions from ash trees.
6. Ash logs and lumber with either the bark or outer one-half inch (1/2") of sapwood or both, attached.
7. Any item made from or containing the wood of the ash tree which is capable of spreading the emerald ash borer.
8. Any other article, product, or means of conveyance which the director of the Illinois department of agriculture determines to present the risk of spread of the emerald ash borer in any stage of development.
E. Dutch Elm Nuisance Conditions Prohibited: It shall be unlawful for any owner of any lot or parcel of land in the village to permit or maintain on any such lot or parcel of land, any elm tree or dead elmwood which, as provided in subsection A or B of this section, is a public nuisance, and it shall be the duty of any such owner promptly to remove and dispose of any such elm tree or dead elmwood in a manner permitted by the village president or his duly authorized representative.
F. Emerald Ash Borer Nuisance Conditions Prohibited: It shall be unlawful for any owner of any lot or parcel of land in the village to permit or maintain on any such lot or parcel any ash tree infected with the emerald ash borer or any dead or substantially dead ash tree, which as provided in subsection C or D of this section, is a public nuisance, and it shall be the duty of the owner promptly to remove and dispose of any such ash tree or dead ashwood under the supervision and direction of the village president or his duly authorized representative and in any event in compliance with subsection G of this section. Whenever any ash tree is removed from any lot or parcel of land in the village, the owner of such lot shall cause the ash stump to be ground to eight inches (8") below the soil surface and covered with soil.
G. Unlawful Disposal Of Regulated Materials Prohibited: It shall be unlawful for any owner of any lot or parcel of land in the village and for any landscape contractor or other person to remove from any such lot or parcel of land any regulated articles unless: 1) the regulated articles have been chipped or processed to a size measuring less than one inch (1.0") in two (2) dimension; 2) the bark and outer one-half inch (1/2") of sapwood has been removed; or 3) the regulated articles are moved to a certified processing site, as certified by the director of the Illinois department of agriculture, by a landscape contractor who shall have in his or her possession a fully executed, certified copy of the Illinois department of agriculture's emerald ash borer quarantine zone compliance agreement. (Ord. 2010-03, 4-12-2010)
A. Inspections And Analyses: In order to carry out the purposes of this chapter and to implement the enforcement thereof, the village president, or his duly authorized representative, is hereby authorized and empowered to enter upon any lot or parcel of land in the village at all reasonable hours for the purpose of inspecting any elm trees, dead elmwood, ash trees, dead ashwood, or regulated articles situated thereon and the village president or his duly authorized representative, may remove such specimens from any such trees as are required for the purpose of laboratory analysis referred to in section 4-2-2 of this chapter, or to determine whether such elm trees or ash trees are public nuisances as provided in section 4-2-2 of this chapter, or to determine whether regulated articles are located on any such lot or parcel of land or have been removed from any such lot or parcel of land in violation of subsection 4-2-2G of this chapter.
B. Interfering With Inspection Prohibited: It shall be unlawful for any person to take any action to prevent the enforcement officer, or his duly authorized representative, from entering on any lot or parcel of land in the village for the purpose of such inspection, or to interfere with the village president, or such representative, in the performance of any of his duties provided for under the provisions of this chapter.
C. Notice To Abate: If on laboratory analysis of specimens removed from any elm tree by the enforcement officer or his duly authorized representative, it is determined that such tree is a public nuisance, or if the village president determines, as provided in section 4-2-2 of this chapter, that any dead, or substantially dead, elm tree, or dead elmwood, is a public nuisance or that any dead, or substantially dead, ash tree, or dead ashwood, is a public nuisance, or that any regulated articles require removal to a certified processing site, as required by subsection 4-2-2G of this chapter, the village president shall serve or cause to be served upon the person that is owner of the lot or parcel of land on which such elm tree, dead elmwood, ash tree, dead ashwood or regulated articles are located, a written notice requiring such owner to comply with the provisions of this chapter. Service of the notice shall be by personal service, if the owner of the lot or parcel of land on which the infected elm tree or ash tree, as aforesaid, is located is a resident of the village. If such owner cannot be found in the village or is a nonresident of the village, written notice shall be served by certified mail, addressed to the owner at his last known address, and by publication at least once in a newspaper of general circulation in the village.
D. Abatement By Village: If the person upon whom such notice is served fails, neglects or refuses to comply with the provisions of this chapter and the notice demanding such compliance by the village president, within thirty (30) days after service of such notice, the village president, or his duly authorized representative, may proceed to remove and dispose of such infected elm tree, dead elmwood, infected ash tree, dead ashwood or regulated articles in a manner permitted by the village, and assess the cost thereof against the owner of such lot or parcel of land with an invoice describing the charges, and the amount of such invoice shall be paid by such owner to the village within thirty (30) days after the date of such invoice. If the invoice is not paid within the time provided, such charges shall be deemed and are hereby declared to be delinquent and thereafter such delinquency shall constitute a lien upon the real estate of the owner provided that the village president or his duly authorized representative first notifies such owner in writing of the delinquency and grants the owner an additional fifteen (15) days from date of the written notification to pay the delinquent charges in full. If the delinquent invoice is not paid within the time provided in such written notification, then either the village president or his duly authorized representative is hereby authorized and directed to file a notice of such lien in the office of the recorder of deeds of Cook County, Illinois, which notice of lien shall consist of a sworn statement executed by the village president setting out the name(s) of the owner(s) of the real estate, a description of the owner's real estate, the amounts of monies due, and the date or dates when such amount or amounts became delinquent. When a notice of lien has been so recorded, the filing of such notice in the aforesaid office shall be deemed notice for the payment of all charges related to the compliance actions paid for by the village, the cost of recording the notice and the legal enforcement fees of the village, which shall be charged to the owner and constitute a lien upon the real estate of the owner in addition to the amount of the delinquent invoice charge. The failure of the village president or his duly authorized representative to record such notice of any such lien shall not affect the right of the village to foreclose the lien for the delinquent invoice or the right to pursue any other legal remedy.
E. Village Costs Added To Penalty: Village removes from any lot or parcel of land in the village, pursuant to this chapter, any infected elm tree, or any dead, or substantially dead, elm tree, or dead elmwood, or any infected ash tree or any dead or substantially dead ash tree, or dead ashwood, which is found to be a public nuisance as provided in this chapter, the assessment of the cost of the work done by the village against the owner of the lot or parcel of land involved shall be in addition to the penalties imposed in section 4-2-5 of this chapter for any violation or noncompliance with any provision of this chapter.
F. Diseased Trees And Regulated Articles On Village Property: The village shall cause any elm tree, dead elmwood, ash tree or dead ashwood which is a public nuisance, as provided by section 4-2-2 of this chapter, and is located on property owned by the village to be promptly removed and disposed of in a manner permitted by the village and at the expense of the village. The village shall not remove any regulated articles from property owned by the village except if such removal is made to a certified processing site, as required by subsection 4-2-2G of this chapter, under the supervision of the village president or his duly authorized representative, at the expense of the village. (Ord. 2010-03, 4-12-2010)
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