A. Nuisances Declared: The following are hereby declared public nuisances under this chapter:
1. Any dead or dying tree, shrub, or other plant, located on private property which reasonably may be expected to injure or harm any tree, shrub, or other plant.
2. Any otherwise healthy tree, shrub, or other plant, located on private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree, shrub, or other plant.
3. Any tree, shrub, or other plant, or portion thereof, located on private property, which by reason of location or condition constitutes an imminent danger to the health, safety, or welfare of the general public.
4. Any tree, shrub, or other plant, or portion thereof, located on private property which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street sign on Village property.
5. Any tree, shrub, or other plant, or portion thereof, located on private property which dangerously obstructs the view as such may be determined by the Village pursuant to this chapter.
6. Any tree, shrub, or other plant, or portion thereof which obstructs or interferes with the operation of any tile, drain or culvert or with the operation of any existing individual sewage disposal system.
B. Right To Inspect: The Village Administrator, or his or her designee, shall have the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance.
C. Inspection And Approval Of Removal Required: Notwithstanding anything contained in this chapter to the contrary, any property owner may remove or cause to be removed from his or her property any public nuisance as defined in subsection A of this section, but only after inspection of such suspected or alleged public nuisance by the Village Administrator, or his or her designee, and receipt by the property owner of the prior written approval from the Village Administrator, or his or her designee, for the removal thereof.
D. Abatement: The following are the prescribed means of abating public nuisances under this chapter:
1. Any public nuisance under this chapter which is located on privately owned property shall be pruned, removed, or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after identification thereof, but only after inspection of such suspected or alleged public nuisance by the Village Administrator, or his or her designee, and receipt by the property owner of the prior written approval from the Village Administrator, or his or her designee, for the removal thereof. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied:
a. The Village Administrator, or his or her designee, shall cause a written notice to be personally served or sent by regular U.S. mail postage paid to the person to whom was sent the tax bill for the general taxes for the last preceding year;
b. Such notice shall describe the kind of tree, shrub, or other plant or plant part which has been declared to be a public nuisance; its location on the property; the reason for declaring it a nuisance;
c. Such notice shall describe by legal description or by common description the premises;
d. Such notice shall state the actions that the property owner may undertake to abate the nuisance;
e. Such notice shall require the elimination of the nuisance no more than ten (10) days after the notice is delivered or sent to the person to whom was sent the tax bill for the general taxes for the last preceding year; and
f. In the event that the nuisance is not abated by the date specified in the notice, the Village Administrator, or his or her designee, is authorized to and may cause the abatement of said nuisance at the property owner's sole cost and expense, and any costs therefor incurred by the Village shall constitute a debt due and owing to the Village by the property owner and shall promptly be reimbursed to the Village by the property owner, or the Village may record a lien against the respective property for any such costs incurred by the Village.
2. The Village Administrator, or his or her designee, is authorized to cause the immediate abatement of any public nuisance provided that the nuisance is determined by the Village Administrator, or his or her designee, to be an immediate threat to any person, or property. Abatement by the Village of any such nuisance located on property not owned by the Village shall be performed at the property owner's sole cost and expense, and any costs therefor incurred by the Village shall constitute a debt due and owing to the Village by the property owner and shall promptly be reimbursed to the Village by the property owner, or the Village may record a lien against the respective property for any such costs incurred therefor by the Village. (Ord. 2018-O-18, 9-4-2018)