(a) The owner of any real estate within the Village shall be responsible for the removal of any trees located on the owner's property, including public right of way. If all or any portion of a tree on an owner's property is deemed unsafe or otherwise undesirable and overhangs a street or public property, the Administrator or the Administrator's designee may notify the owner in writing to remove that tree or portion thereof. If the owner does not comply within fifteen days after receipt of such notice, the Village may cause to be removed all, or the endangering portion of such tree, and charge the cost to the owner. If the charge remains unpaid for a period of 60 days, the charge shall become a lien against such property. The Administrator shall certify the amount due to the County Auditor, which charge shall be assessed on the owner's real property taxes and collectible in the same manner as other taxes and assessments.
(b) If the Village removes a tree as indicated in the subsection above, the Village shall determine the method of disposing of the cut wood, which wood shall be the property of the Village. If the owner removes a tree the owner shall determine the method of disposing of the cut wood, which wood shall be the property of the owner.
(c) Notification. Unless the Administrator should decide that immediate removal of a tree is required to protect the public health, safety, and welfare, the Administrator or the Administrator's designee shall notify the owner of the property of the proposed tree removal in writing.
(d) Appeal. Any property owner to whom notice is provided by this Section may object in writing to the proposed removal of the tree identified in the notice and request a hearing before Village Council. The written objection shall be delivered to the Administrator within ten (10) days after notice of the proposed removal was first given by the Village staff.
(e) Hearing. Village shall reconsider the decision to remove the tree and shall evaluate the information from the property owners, affected residents, and the Village Street Department in light of the criteria for removal. Village Council may refer the issue to the Village Tree Board for advice before making the decision The Village staff shall inform the objecting property owners either orally or in writing, of the determination of the Village regarding the tree after such reconsideration and shall provide the reasons supporting such determination. The Village staff shall use reasonable efforts and methods to provide notice of such determination before any removal of the tree, if removal is the final determination.
(Ord. 2014-105. Passed 12-22-14.)