(A) Nuisance.
(1) Dutch Elm disease.
(a) Trees of all species and varieties of Ulmus (elm) and zelkova affected with the fungus Ceratostomella ulmi, as determined by laboratory analysis, are declared to be a public nuisance, and shall be removed and burned within 10 days following notification of the discovery of such infection. It shall be unlawful for any person being the owner of property whereon such a tree is situated to possess or keep such a tree after the expiration of 10 days following notification of the discovery of said infection.
(b) Trees or parts thereof of Ulmus (elm) or zelkova in a dead or dying condition that may serve as a breeding place for the European Elm Bark beetle, Scolytus Multistriatus, are declared to be a public nuisance, and it shall be unlawful for the person owning property whereon the same is situated to possess or keep the same.
(2) Emerald ash borer. Trees of all species and varieties of Fraxinus (ash) infected with the Agrilus planipennis Fairmaire (Emeral Ash Borer) beetle are declared to be a public nuisance and shall be removed and burned within 10 days following notification of the discovery of such infection. It shall be unlawful for any person being the owner of property whereon such a tree is situated to possess or keep such a tree after the expiration of 10 days following notification of the discovery of the infection.
(B) Enforcement. The Director of Public Works is charged with the enforcement of this section. When the Director or his representative is unable to effect voluntary entry onto private property for the purpose of inspecting the trees thereon, he shall seek the necessary authorization to make or cause entry to be made onto the property.
(C) Notice prior to abatement. The Village shall give to the owner of the property where such public nuisance is found a written notice of the existence of such nuisance and requiring the removal and burning of such nuisance within 10 days following such notice, such removal and burning to be done under the direction and supervision of the Director of Public Works or his representative. The notice shall also notify the owner of the property that unless such nuisance is removed and burned within such 10-day period, the Village will proceed with the removal and burning of such nuisance, and assess the cost thereof against the property owner. Service of such notice shall be by personal service or by certified mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property.
(D) Duty of owner to remove diseased tree or breeding place. Upon receipt of notice it shall become the duty of the owner of the property to cause such tree or breeding place to be removed and burned under the supervision of the Director of Public Works or his representative. In lieu thereof the person charged with such removal and burning may request in writing that the same be done by the Director of Public Works or his representative. If the Village shall remove and burn any tree or breeding place, all expenses incurred in connection therewith shall be assessed against and paid by such property owner.
(E) Post-abatement notice; lien.
(1) Should the Village abate the nuisance through removal, the cost of such removal shall be a lien upon the property affected, superior to all other liens and encumbrances, except tax liens; provided that notice prior to abatement has been given as herein described, and the owner fails to pay the cost and expense incurred following receipt of a post-abatement notice stating the substance of this section, identifying the property by common description, and describing the removal activity. Service of such post-abatement notice shall be by personal service or by certified mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property. A notice of lien shall be filed within 1 year after an unreimbursed removal cost and expense is incurred the Village. Notices of lien may be filed by the Village, or person performing the removal by authority of the Village, in his or its own name, and shall be filed in the office of the Recorder of Deeds of Cook County. The notice of lien shall consist of a sworn statement setting out:
(a) A description of the property sufficient for identification thereof;
(b) The amount of money representing the cost and expense incurred or payable for the removai, including the related administrative costs and activities;
(c) The date or dates when such cost and expense was incurred by the Village.
(2) However, the lien shall not be valid as to any purchaser whose rights in and to such property have arisen subsequent to the removal and prior to the filing of such notice, and the lien shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such property arise prior to the filing of such notice.
(F) Release of lien. Upon payment of the cost and expenses, including those costs provided for in § 92.23, by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien.
(G) Trees partly on private property and partly on public property. Dutch elm diseased trees and Emerald Ash Borer infected trees, the trunks of which, in the opinion of the Director of Public Works, are partly on Village property and partly on private property shall be removed by the Village. The cost of such tree removal shall be shared equally by the Village and the record owner of the private property. In the event that the owner of the private property, upon notice from the Village fails to pay one-half of said cost within 30 days following the removal and receipt of a post-abatement notice stating the substance of this section, identifying the property by common description, and describing the removal activity, then the Village shall pay the entire cost of the tree removal and shall have the right to collect from the owner one-half of the cost by lien or suit for judgment. The cost shall be a lien upon the real estate, provided that notice is given to the owner prior to the tree removal, the owner fails to pay the cost and expense incurred following receipt of a post-abatement notice, and a notice of lien is recorded in the Recorder's office within 1 year after the expense is incurred. For purposes of this section the Village property line shall be deemed to be 33 feet from the center line of each street except in those instances where a street may be more than 66 feet in width, in which case the Director of Public Works and the Village Manager shall determine the location of the property line.
(H) Village to remove its own trees. Infected trees on Village owned property and on public streets and highways within the corporate limits shall be removed at the expense of the Village.
(1997 Code, § 12.08) (Ord. 69-6, passed 5-22- 1969; Am. Ord. C0-08-36, passed 8-19-2008; Am. Ord. CO-2012-30, passed 8-21-2012; Am. Ord. CO-2016-15, passed 7-26-2016)