(A) Planting of cottonwood trees which make or shed cotton at any place within corporate limits of the village is prohibited.
(B) PUBLIC RIGHT-OF-WAY is defined as the space between the boundary line of a lot and the curb of the street, or in absence of a curb, the traveled portion of the street.
(C) The owner of every lot shall maintain the public right-of-way free and clear of all weeds and trash and obstruction, provided such area may be planted to trees, plants, shrubs, grass, and flowers as herein provided and as approved Village Board of Trustees. All vegetation planted which is not planted and maintained as herein provided and approved by the Village Board of Trustees shall constitute a violation of this section and shall be removed. Any vegetation existing as of July 1, 2018 that comes into violation of any rule, regulation, or order of the village may exist so long as it does not interfere with any right-of-way or utility obstruction provisions of the Village Code of Ordinances or any nuisance, dead, or diseased tree provision of the Village Code of Ordinances, but such vegetation may not be replaced, extended, or duplicated without approval of the Village Board of Trustees.
(D) No trees, plants, shrubs, grass, and flowers in the public right-of-way which obstruct the view from the street of the curb, any fire suppression devise, or any intersecting street or driveway shall be planted or allowed to remain in the public right-of-way.
(E) All trees, plants, shrubs, grass, and flowers now or hereafter planted in any public right-of-way shall be maintained in a neat, safe condition by the owner of the abutting lot. All branches extending over the street or sidewalk shall be trimmed to a height of at least eight feet above the sidewalk and 14 feet above the street.
(F) No trees, plants, shrubs, grass, and flowers shall be planted in any public right-of-way closer than three feet to any sidewalk, curb line, or water service.
(G) Tree hazards.
(1) For purposes of this section, the term TREE HAZARD shall include:
(a) Any trees, plants, or shrubs in a public right-of-way which are dead; or
(b) Any trees, plants, or shrubs in a public right-of-way which have any dead branch one inch in diameter or larger; or
(c) Any trees, plants, or shrubs which by reason of disease or other cause create a substantial hazard to persons, property, or other healthy trees, plants, or shrubs; or
(d) Any tree, plants, or shrubs defined as a dead or diseased tree under § 92.24 of the Village Code of Ordinances; or
(e) Any trees, plants, or shrubs failing to comply with this section; or
(2) It shall be the duty of any person who owns and/or occupies any lot or tract of land on which is situated, or which abuts any public right-of-way on which is situated any tree hazard, to promptly abate such hazard. In the case of any trees, plants, or shrubs described in divisions (G)(1)(a), (c), and (d) above, abatement shall be by removal of the tree to ground level and subsequent removal of the tree stump. In the case of any trees, plants, or shrubs described in divisions (G)(1)(b) and (e) abatement shall be by removal of the portion of the tree, plant, or shrub causing the hazard, including the tree stump if necessary.
(3) Removal of all trees, plants, or shrubs in the public right-of-way, and the stump, shall be at the expense of the owner of the abutting private property and removal of all tree hazards and the stump shall be at the expense of the owner of the subject property.
(H) If any branches shall not have been pruned or any trees, plants, or shrubs, and stumps, shall not have been removed as provided division (G), the Village Chief of Police or his or her designee shall give notice by certified mail addressed to the owner of the lot or tract and, if the owner is not the occupant, to the lessee or other person having control or management of the property at the last known address of the addressee, to prune such branches or, as the case may be, remove such trees, plants, or shrubs on or before a certain date to be specified in the notice, and that if such branches are not so pruned or, as the case may be, the tree, plant, or shrub is not so removed by that date, the village may do such work and assess the expense thereof to the property. The date specified in the notice shall be a date that is not less than ten days after the date of mailing of such notice.
(I) Hearing and review.
(1) Not later than ten days after mailing of the notice by the Village Chief of Police or his or her designee, the owner/occupant may file a written request for hearing before the Village Board of Trustees to review the administrative determination as to whether the trees, plants, or shrubs in question constitute a tree hazard as defined in division (G) above. The Village Clerk/Treasurer shall fix a date for such hearing and provide notice of the hearing to the requesting party.
(2) Upon the date fixed for the hearing, the Village Board of Trustees shall hear all objections and evidence presented by the owner and/or occupant of the subject property and that presented by the Village Chief of Police or his or her designee. If after consideration of all the evidence the Village Board of Trustees shall find that the condition is a tree hazard, it shall by resolution order and direct the owner and/or occupant to remedy the tree hazard within a specified time and shall identify the acts necessary to remedy the tree hazard.
(3) Should the owner or occupant refuse or neglect to promptly comply with the order of the Village Board of Trustees, the Village Board of Trustees shall proceed to cause the abatement of the described tree hazard. Upon completion of the work by the village, a statement of the cost of such work shall be transmitted to the Village Board of Trustees, which shall bill the property owner or occupant or levy the cost thereof as a special assessment against the property, or shall collect the same by civil suit brought in the name of the village against the owner or occupant. The special assessment shall be a lien upon real estate and may be collected in the manner provided for special assessments.
(J) It shall be unlawful for any person or entity to top any trees, plants, or shrubs in a public right-of-way or any other trees, plants, or shrubs on public property. For purpose of this section, TOPPING is defined as the severe cutting back of healthy limbs to stubs larger than three inches in diameter within the crown of the branches to such a degree as to remove the normal canopy and disfigure the tree. Any tree topping shall constitute a tree hazard, subject to removal as provided for in this section.
(L) Notwithstanding any provision of this section or other provision of the Village Code of Ordinances, the village shall have the immediate right and authority, without notice, to trim, remove, or prune any trees, plants, or shrubs extending into a utility easement and endangering or obstructing utility lines and utility services.
(M) Any violation of this section may, in addition to the enforcement provided in this section, be enforced as an offense under § 10.99 of the Village Code of Ordinances.
(Ord. D-117, passed 8-8-1994; Am. Ord. D-337, passed 8-7-2018) Penalty, see § 10.99