A. Diseased Trees: The following trees are trees that are diseased and will be referred to as "diseased trees":
1. Trees of any species or variety infected with Dutch elm disease or oak wilt, as determined by laboratory analysis or by any other reliable means.
2. Trees or parts thereof of elm or zelkova, or of any other species, in a dead or dying condition that are infested with or may serve as breeding places for the European elm bark beetle, Dutch elm disease, or oak wilt.
3. Trees or parts thereof of ash or any other species that are infested with or may serve as breeding places for the emerald ash borer.
B. Dangerous Trees:
1. Every owner or occupant of any house, building, lot or premises in the village must keep trees located on his property trimmed and maintained so as to prevent or remove the following conditions:
a. Any tree which is dead, dangerous, or likely to fall or that is so unsafe, unhealthy, diseased, or insect infested as to constitute a hazard to persons, property or other vegetation;
b. The obstruction of any street or sidewalk to any extent which interferes with free passage and clear view along the streets and sidewalks and at any street or driveway intersection;
c. The obstruction of any sewer, drainageway, or septic field;
d. The dangerous proximity of any tree to public utility lines; and
e. The interference with any existing or proposed public improvement.
2. Any trees causing any of these conditions will be referred to as "dangerous trees".
C. Nuisance Declared And Prohibited: Dangerous trees and diseased trees are hereby declared to be a public nuisance. It shall be unlawful for any person to keep, maintain, or possess a dangerous tree or a diseased tree located on any property in the village.
D. Notice Of Dangerous Or Diseased Trees: Whenever a dangerous tree or diseased tree is found to exist, the village forester will cause notice of the nuisance to be served upon the owner and the occupant of the property where the dangerous or diseased tree is found, and will order the owner and occupant to abate the nuisance within thirty (30) days following mailing or personal delivery of the notice. The notice must also: 1) notify the owner and the occupant that, unless the nuisance is abated within the thirty (30) day period, the village may proceed to abate the nuisance, assess the cost thereof against the property owner or occupant, and impose a lien for the cost on the affected property; 2) include a copy of this chapter, 65 Illinois Compiled Statutes 5/11-20-12, the identification of the property, by common description, and the subject dangerous or diseased tree or trees; and 3) be personally served or sent by registered mail to the person to whom was sent the last preceding general tax bill for the property upon which the dangerous or diseased tree is located. A copy of said notice must also be mailed to the occupant of the property if the occupant is not the same person to whom the notice is addressed.
E. Abatement Procedures; Lien Provisions: Within thirty (30) days following delivery or mailing of the notice required by subsection D of this section, the owner or the occupant of the property must cause the nuisance to be removed or otherwise abated. If the owner or occupant neglects or refuses to abate the nuisance as required by the notice issued pursuant to subsection D of this section, the village forester will promptly cause the abatement of the nuisance by village employees or contractors. If the village forester so causes the abatement of the nuisance, all direct or indirect expenses incurred in connection therewith, including the cost of collection, will be assessed against the property owner. In the event the expenses are not paid upon billing, the village clerk, not more than sixty (60) days after performance of the work, may file a notice of lien against the property for the amount of the expenses in the manner provided by statute.
F. Determination Of Diseased Trees: The village forester may, from time to time, conduct tests, analyses, and inspections as the village forester determines necessary to determine the existence of diseased trees throughout the village. All tests, analyses, and inspections will be at the sole cost and expense of the village. (Ord. 2008-22, 9-9-2008)