(A) Public nuisances. The following are hereby declared PUBLIC NUISANCES under this chapter:
(1) Any dead or dying tree or shrub, whether located on village-owned property or on private property;
(2) Any otherwise healthy tree or shrub, whether located on village-owned property or private property, which harbors insects or diseases which reasonably may be expected to cause injury or substantial harm to any tree or shrub;
(3) Any tree, shrub, or portion thereof, whether located on village-owned property or 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 portion thereof, whether located on village-owned property or on private property, which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street light or traffic control sign; or
(5) Any tree, shrub or portion thereof, whether located on village-owned property or on private property, which dangerously obstructs the view in the visibility triangle (refer to current zoning regulations for details).
(B) Prohibited acts. It shall be unlawful and a violation of this chapter for any person to do any of the following:
(1) Deposit, store or maintain on village-owned property any stone, brick, sand, concrete, lumber, tile, pipe, other materials or vehicles that will over time compact the soil causing an impediment to the free passage of water, air and nutrients to the roots of any tree or shrub;
(2) Cause any gaseous, liquid or solid substance which, because of the nature or amount, reasonably may be expected to be toxic or otherwise harmful to trees, shrubs or other plants, to be located where the substance reasonably may be expected to affect trees or shrubs located on village-owned property.
(C) 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 village-owned property shall be pruned, removed or otherwise treated by the Public Works Department or designee in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
(2) Any public nuisance under this chapter which is located on private property shall be pruned, removed or otherwise treated by the property owner or his or her agent in whatever fashion is required to cause the abatement of the nuisance. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied:
(a) The Commission shall direct the Public Works Department to send a written notice to be sent by registered or certified mail to the owner of the property upon which the nuisance is found;
(b) The notice shall describe with particularity the tree or shrub which has been declared to be a public nuisance;
(c) The notice shall state with particularity the alternative actions that the property owner may undertake to abate the nuisance;
(d) The notice will require the elimination of the nuisance within 30 days after receipt of the notice by the property owner; unless a more appropriate timeframe is otherwise established by the village and agreed to by both parties;
(e) The notice shall set forth the procedures by which the property owner may be heard by the Tree Commission to protest the requirements that he or she act to abate the nuisance; and
(f) If the property owner cannot be located following diligent inquiry by the Commission, the notice shall be served upon the occupant or person in charge of the property upon which the nuisance is located. In the event that the nuisance is not abated within 30 days following receipt of notice by the property owner, the Commission is authorized to cause the abatement of the nuisance, and the reasonable cost of the abatement shall be filed as a lien against the property on which the nuisance was located, and the property owner of the property upon which the nuisance is located shall be subject to prosecution under § 94.99. Nothing in this provision shall be construed to exempt any person from the requirements of obtaining permits under § 94.03.
(3) The provisions of divisions (B)(1) and (B)(2) of this section notwithstanding, the Commission is hereby empowered to cause the immediate abatement of any public nuisance under this chapter, provided that the nuisance is declared by the Commission to threaten imminent and serious danger of injury or death to any person, and provided that the owner of the property on which the nuisance is located cannot be found through the diligent efforts of the Commission.
(4) The Commission is hereby empowered to seek from any court of competent jurisdiction an order directing the immediate abatement of any public nuisance under this chapter.
(Ord. 13-07-02, passed 7-23-2013) Penalty, see § 94.99