(a) The following acts, things, and conditions done or existing within the Village are hereby declared to be nuisances:
(1) Any tree upon any street or public place or so near thereto as to permit the roots of the tree to penetrate through or under the service thereof.
(2) Any tree, plant, or shrub, wherever located within the Village, infected with any parasite, insect, fungus or pest which may be communicated to any other tree, plant, or shrub.
(3) Any tree which has fallen or is in such condition that it is likely to fall, on any public or private property, including the property upon which it is situated. It shall not constitute a nuisance under this subsection (a)(3) if the Building Inspector or arborist finds that:
A. The tree is located in a wooded area;
B. The wooded area is not improved with structures (i.e. patios or fences) or landscaped areas; and
C. The wooded area is kept in its natural state.
(b) No person shall maintain any of the nuisances described in subsection (a) hereof.
(c) Whenever, in the opinion of the Building Inspector or arborist, any of the nuisances
described in subsection (a) hereof exists, the Mayor may cause its abatement and cause the cost of the abatement to be charged and collected in the manner provided herein.
(d) When a nuisance is located on or originates from real estate not owned by the Village, the Building Inspector or arborist, on finding that the nuisance exists, may issue or cause the Police Department to issue written notice to be served on the owner of the real estate. The notice shall set forth the nature of the nuisance and a reasonable time determined by the Village, not to exceed thirty days, within which the owner may abate the nuisance, and a statement that unless the nuisance is abated within the stated time, it may be abated by the Village and the cost of abatement assessed on the real estate.
(e) The notice may be served by delivering in personally to the owner, by commercial carrier with signature required or by certified mail, return receipt requested, or if it cannot be served by any of the foregoing ways, by publishing it once in a newspaper in general circulation in the Village.
(f) If the nuisance is not abated within the required time, the Mayor shall cause its abatement and shall give notice to the owner by commercial carrier with signature required or by certified mail, return receipt requested, at his or her tax mailing address of the cost incurred. If such cost is not paid within thirty days after receipt of such notice, a collection fee of seventy dollars ($70.00) and will be added to the cost hereto, and such amount shall be certified by the Village Treasurer to the County Auditor for collection in the same manner as other taxes and assessments
are collected.
(g) Trees that are cut or removed from real estate not owned by the Village pursuant to a notice issued pursuant to this section may be cut as necessary or may be removed to within twelve inches of grade or as close thereto as reasonably possible.
(h) Whoever violates this section is guilty of a misdemeanor of the fourth degree for a first offense and a misdemeanor of the second degree for subsequent offenses. A separate offense shall be deemed committed each day during on or which a violation occurs or continues.
(Ord. 2019-06. Passed 1-8-19.)