(A) General. The following constitute a public nuisance in the Village:
(1) Any dead or dying tree, shrub, or other plant, whether located on Village-owned property or on private property;
(2) Any otherwise healthy tree, shrub or other plant, whether located on Village-owned property or 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, 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 other plant 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 sign on city property;
(5) Any tree, shrub or other plant or portion thereof whether located on Village-owned property or on private property which dangerously obstructs the view as such may be determined by the Village Engineer pursuant to this chapter.
(B) Right to inspect. The officers, agents, servants and employees of the city 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) Abatement. The following are the prescribed means public nuisances are abated under this chapter:
(1) Any public nuisance under this chapter which is located on Village-owned property shall be pruned, cut, trimmed or removed or otherwise treated by the property owner or his agent in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery;
(2) Any public nuisance as defined under this chapter which is located on privately owned property shall be pruned, cut, trimmed or removed or otherwise treated by the property owner or his agent in whatever fashion is required to cause the abatement of the nuisance.
(3) The Village may provide notice, abate nuisances, and file liens for the cost of such abatement against properties containing nuisances under this section by following the procedures set forth in § 92.25 of this Code.
(4) The Arborist or Building Director is empowered to cause the immediate abatement of any public nuisance if the nuisance is determined by the Arborist or Building Director to be an immediate threat to any person or property.
(Ord. 42, passed 10-7-2008; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2021-21, passed 8-17-2021)