A. Trees Affected with the Dutch Elm Disease Declared to be Public Nuisances: All species and varieties of elm trees (trees of genus ulmus) infected with the fungus known as the Dutch elm disease (Ceratobystis ulmi) as determined by laboratory analysis are hereby declared to be a public nuisance.
B. Breeding Places of Elm Bark Beetles Declared to be Public Nuisances: All species and varieties of elm trees that are dead or substantially dead, and all dead elmwood to which the bark is still attached are hereby declared to be public nuisances.
C. Unlawful to Maintain Public Nuisances: It shall be unlawful for any owner of any lot or parcel of land in the Village of Green Oaks, Lake County, Illinois, to permit or maintain on any such lot or parcel of land, a public nuisance as set out in subsections A and B above and it shall be the duty of any such owner to promptly remove any such elm tree or dead or substantially dead elmwood by the Village and dispose of it either by burning or burying it outside the Village.
D. Enforcement of Section: In order to carry out the purpose of this Section and to implement the enforcement thereof, the Village Forester or their 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 or dead elmwood situated thereon and the Village Forester or their duly authorized representative, may remove such specimens from any such tree as are required for the purposes of the laboratory analysis referred to in subsection A of this Section, or to determine whether there is dead or substantially dead elm trees or dead elmwood on the property. It shall be unlawful for any person to take any action to prevent the Village Forester or their 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 Forester or such representative, in the performance of any of his duties provided under the provisions of this Section.
E. Duty of Owner to Remove Diseased Tree or Breeding Place After Notice: If it is determined that any tree is a public nuisance as provided in subsection B1 or 2, the Village Board shall serve or cause to be served upon the owner of the lot or parcel of land on which such tree or dead elmwood is located, a written notice requiring such owner to comply with the provisions of this Section. If the person upon whom such notice is served, fails, neglects or refuses to remove and destroy such elm tree or dead elmwood within thirty (30) days after service of such notice, the Village Forester or his duly authorized representative, may proceed to remove and dispose of such tree or dead elmwood, and assess the cost thereof against the owner of such lot or parcel of land, and the amount of such cost shall be paid by such owner to the Village.
F. Notice to Owner: Service of notice provided for in subsection E of this Section, shall be served by personal service or by certified mail sent to the person to whom the tax bill for the general taxes for the last preceding year on the lot or parcel on which the infected elmwood or dead elm or elmwood is located.
G. Village May Abate Nuisance and Assess the Cost to Owner: Any costs incurred by the Village in the abatement of a public nuisance pursuant to this Section may be assessed against the record owner of the land involved and the Village may place a lien upon such property for those costs in the manner provided by law.
H. Nuisance on Village Property: Any elm tree, or dead elmwood, on property owned by the Village which is a public nuisance as provided by subsections A or B of this Section shall promptly be removed and disposed of under the supervision of the Village Forester or his duly authorized representative, at the expense of the Village.
I. Penalty for Noncompliance: Any person violating any provision(s) of this Section by failing, neglecting or refusing to comply with the provisions of any notice herein provided for, within thirty (30) days after the service thereof, or, who shall resist or obstruct the Village Forester, or his duly authorized representative, in carrying out the provisions of Sections 7-1-12-1 through 7-1-12-5 of this Chapter, shall be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Each day that a violation continues shall be deemed a separate offense.
J. Conflicting Ordinances Repealed and Saving Provisions: That all ordinances or parts of ordinances in conflict with the provisions of this Section be and the same are hereby repealed. Provided, however, that nothing herein contained shall affect any rights, actions or causes of action which shall have accrued to the Village prior to the effective date hereof.
K. Severability Provisions: The intention of the Village Board is hereby expressed that the provisions of this Section are severable and that the invalidity of any subsection hereof, or any portion of any subsection hereof, shall not affect any other subsection, or portion of a subsection, of this Section. (Ord. 94-29, 10-26-94)