(A) Nuisance declared. It is hereby declared to be a public nuisance for any person, firm, corporation or any owner, agent, occupant or person in possession, charge or control of any lot, tract, parcel of land, building or other premises within the village or within its territorial jurisdiction to permit the growth upon any premises within the village of any elm tree infected with a fungus disease of elms caused by Ophiostorna ulmi, commonly known as dutch elm disease, or any ash tree infected with Agrilus Planipennis Fairmaire, commonly known as the emerald ash borer. It shall be unlawful for the owner of any property in the village to keep or maintain any such infected tree or deadwood on his or her property.
(B) Trimming or removal of trees. It is hereby declared to be a public nuisance for any person, firm, corporation or any owner, agent, occupant or person in possession, charge or control of any lot, tract, parcel of land, building or other premises within the village or within its territorial jurisdiction to permit the unchecked growth upon any premises within the village of any trees without trimming the same in such a manner as to prevent any part of such trees from crossing property lines or overhanging or obstructing views along the sidewalk, parkway, street or highway, as the same shall be determined by the Village Director of Public Works or other designated official.
(C) Owner/occupant responsibilities. Every owner or occupant of real estate within the village upon whose property there is located an elm tree infected with dutch elm disease or an ash tree infected with the emerald ash borer, shall remove the tree immediately upon discovering it or be notified of it, by cutting the tree down. The tree so cut down, together with all of its limbs, shall be cut into lengths not to exceed five feet and placed upon the parkway to be removed by the village. Upon cutting the trees and placing them upon the parkway, the owner of the property shall notify the Village Director of Public Works or other designated official, in order that the same may be removed by the village or its designee. Every owner or occupant of real estate within the village shall trim or remove any and all trees and the limbs thereof on his or her property and on the abutting parkway at all such times as may be necessary to prevent the same from crossing property lines or overhanging or obstructing views along the sidewalk, parkway, street or highway, as the same shall be determined by the Village Director of Public Works or other designated official.
(D) Notice to remediate and abate nuisance. It shall be the duty of the Village Clerk, Director of Public Works or other designated official to cause notice to be served upon the owner or occupant of any premises on which landscaping conditions are in violation of the provisions of this section, and to demand the abatement of the nuisance within 30 days. The notice to remediate and abate nuisance may be served either in person or by registered mail. The notice shall provide information regarding the existence of infected or overgrown trees on the owner's property, and shall notify the owner that he or she must abate the nuisance(s) within 30 days. The notice shall also contain a copy of 65 ILCS 5/11-20-12 and this section of the village code and notify the owner that the village may remove or trim the tree(s) and place a lien on the property for the cost of the removal if the nuisance is not abated within 30 days.
(E) Abatement by village. If the person served with a notice to remediate and abate nuisance under this section shall fail, refuse or neglect to abate the nuisance within 30 days, the Village Director of Public Works or other designated official may proceed to abate the nuisance, keeping an account of all related expenses. The expense shall be charged to and paid by the owner or occupant.
(F) Charges for nuisance abatement a lien against property.
(1) If trees are cut, trimmed or removed by the village or by someone directed to perform the same on behalf of the village, the Village Clerk or other designated official or his or her designee shall send a bill for the cost and expense thereof to the property owner, his or her agent or legal representative or occupant in legal possession or control of the premises. The bill shall include an administrative charge as determined by the village. If said bill is not paid in full within 30 days of the date of said bill, the Village Clerk or other designated official or his or her designee shall cause a notice of lien of the cost and expense thereof incurred by the village to be recorded in the following manner: the village or the person performing the service by authority of the village, in its, his or her own name, may file a notice of lien in the office of the DeKalb County Recorder of Deeds. The notice of lien shall consist of a sworn statement setting forth:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money representing the cost and expense incurred or payable for the service; and
(c) The date or dates when such cost and expense was incurred by the municipality or someone working on behalf of the municipality.
(2) The notice of lien shall be filed within 60 days after the cost and expense is incurred. After recording, the notice of lien, together with copies of 65 ILCS 5/11-20-12 and this section of the village code shall be sent by registered mail or hand delivered to the property owner, his or her agent or legal representative or occupant in legal possession or control of the premises and, if different, to the person who received the tax bill for the preceding year.
(3) Upon payment of the cost and expense after the notice of lien has been filed as provided herein, the lien shall be released by the village or person in whose name the lien has been filed, and the release shall be recorded of record in the same manner as recording the notice of lien.
(G) Foreclosure of lien. Subsequent to the filing of the above-described lien, the village may cause to be filed a complaint for foreclosure of the lien, or upon becoming a defendant in a pending lawsuit affecting the premises or real estate, by answer to the complaint or in the nature of an intervening petition or cross-complaint the village may proceed in its corporate name to foreclose the lien. The property subject to a lien arising under this section may be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the monies owing the village.
(Ord. 08-17, passed 11-3-2008) Penalty, see § 91.99