(A) Infected trees a nuisance. All species and varieties of elm trees (trees of the genus Ulmus) infected with the fungus known as the Dutch elm disease (Certostomella Ulmi) are declared to be a public nuisance.
(B) Breeding places for European elm bark beetle. All species and varieties of elm trees that are dead or substantially dead and all dead elm wood 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 Multistriatus), are declared to be public nuisances.
(C) Duty of owner to remove and burn trees. It shall be unlawful for any owner of any lot or land in the village to permit or maintain on any lot or land, any elm tree or dead elm wood which, as provided in this section, is a public nuisance, and the owner shall promptly remove and burn any elm tree or dead elm wood under the direction of the Village Manager or the Village Manager’s representative.
(D) Right of entry of village officers. To carry out the purposes of this section and to implement the enforcement thereof, the Village Manager or the Village Manager’s representative is empowered to enter upon any lot or land in the village at all reasonable hours to inspect any elm trees or dead elm wood situated thereon and the Village Manager or the Village Manager’s representative may remove the specimens from any tree as are required for the purposes of the laboratory analysis referred to in this section, or to determine whether the tree, because it is dead or substantially dead, may serve as a breeding place for the European elm bark beetle. It shall be unlawful for any person to take any action to prevent the Village Manager, or his or her representative, from entering on any lot or land in the village for the inspection, or to interfere with the Village Manager or a representative in the performance of any of his or her duties provided for under the provisions of this section.
(E) Notice to owner to comply; action by village; assessment of costs. If, on analysis of any elm tree by the Village Manager, it is determined that the tree is a public nuisance as provided by subsection (A) above, or if the Village Manager determines that any dead or substantially dead elm trees, or dead elm wood is a public nuisance as provided by subsection (B) above, the Village Manager shall cause to be served upon the person who is the owner of the lot or land on which the tree or dead elm wood is located, a written notice requiring the owner to comply with the provisions of this section. If the person fails to remove and destroy the elm tree or dead elm wood within 15 days after service of the notice, the Village Manager may proceed to remove and destroy, or cause the removal and destruction of, the tree or dead elm wood and assess the cost thereof against the owner of the lot or land, and the amount of the cost shall be paid by the owner to the village.
(F) Lien for costs. The cost of removal and destruction of any elm tree or dead elm wood as provided in subsection (E) above shall be a lien upon the real estate affected, provided that notice is given as hereinafter described and further provided that within 60 days after the cost and expense is incurred, the village or the person performing the work under authority from the village files a notice of lien conforming to the requirements of applicable laws of the state. The cost of the removal of any elm tree or dead elm wood shall not be a lien upon the real estate affected unless notice shall be personally served or sent by registered mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property and, if different, the current owner of the property, with the notice to be delivered or sent not less than 30 days prior to removal of the elm tree or trees or dead elm wood thereon. The notice shall contain a summary of applicable laws of the state and this section and identify the property by common address and the tree or trees affected.
(Ord. 766, passed 9-10-1990; Ord. 801, passed 4-12-1993)