(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 surface 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 finds that:
i. the tree is located in a wooded area;
ii. the wooded area is not improved with structures (i.e., patios, fences) or landscaped areas as those terms are defined in Section 1123.03 of this Code; and
iii. the wooded area is kept in its natural state.
(4) Any tree, plant or shrub whose branches or trunk obstruct or impede traffic on any street or public place. Branches overhanging any public sidewalk, pavement or roadway within nine feet of the surface thereof shall be deemed prima facie to obstruct or impede traffic thereon.
(b) No person shall maintain any of the nuisances described in subsection (a) hereof.
(c) Whenever, in the opinion of the Building Inspector, any of the nuisances described in subsection (a) hereof exists, he or she shall 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, on finding that the nuisance exists, may cause written notice to be served on the owner of the real estate. The notice shall set forth the nature of the nuisance, the Building Inspector's estimate of the cost of abating the same if done by the Village, a reasonable time determined by the Building Inspector, 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 it personally to the owner, by commercial carrier with signature required (i.e., FedEx) or certified mail, return receipt requested, or if it cannot be served by any of the foregoing ways, by publishing it once in a newspaper of general circulation in the Village.
(f) Tree(s) that are cut or removed from real estate not owned by the Village pursuant to a notice issued pursuant to this Section shall be cut to within twelve (12) inches of grade, or as close thereto as reasonably possible.
(g) If the nuisance is not abated within the required time, the Building Inspector shall cause its abatement and shall give notice to the owner by commercial carrier with signature required (i.e., FedEx) or certified mail, return receipt requested, at his/her tax mailing address of the cost incurred. If such cost is not paid within thirty (30) days after receipt of such notice, a collection fee of seventy dollars ($70.00) will be added to the cost thereto, 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.
(h) When the cause or source of a nuisance exists on property owned by the Village, the Building Inspector shall, and in any other case he or she may, abate the nuisance at the expense of the Village and no notice shall be required preliminary to the abatement.
(i) Whoever violates this section is guilty of a misdemeanor of the fourth degree for a first offense and a misdemeanor of the third degree for subsequent offenses. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 501.99.
(Ord. 2018-10. Passed 5-9-18.)