A. Every owner or occupant of any house, building, lot, or premises in the village shall keep trees, shrubs, vines, and other vegetation located on his or her property trimmed and maintained so as to prevent or remove the following conditions:
1. Any tree which is dead, dangerous, or likely to fall or that is so unsafe, unhealthy, diseased, or insect infected (including, without limitation, ash trees infested with the emerald ash borer and pine trees impacted with pine wilt) as to constitute a hazard to persons, public property, private property or other vegetation;
2. The obstruction of any street, pedestrian path, or any public way to any extent which interferes or obstructs: a) the free passage of pedestrians or motorists; b) a clear view along such streets, paths and at any street or driveway intersection; or c) the reflection of any streetlights;
3. The obstruction of any sewer, drainageway, or septic field;
4. The dangerous proximity of any tree or other vegetation to public utility lines; and
5. The interference with any existing or proposed public improvement.
Said conditions are hereby declared to be nuisance greenery and any tree or other vegetation located on private property which is allowed to grow in violation of the foregoing subsections shall be deemed a weed subject to abatement by the village as provided by state statute.
B. Whenever any person whose duty it is to keep any tree or other vegetation trimmed or cut as provided in the preceding subsection shall fail to do so in the judgment of the village manager or his or her designee, the public works director may cause written notice to be served upon such person requiring such person to perform the work within fourteen (14) days following mailing or personal delivery of such notice. Such notice shall also notify the owner that, unless the required work is done within such fourteen (14) day period, the village will proceed with the work, assess the cost thereof against the owner, and impose a lien for such cost on the affected property if not paid by the owner within thirty (30) days after billing.
C. The notice referred to in subsection B of this section shall be personally served or sent by registered mail to the person to whom was sent the last preceding general tax bill for the property upon which the tree or trees affected is or are located, and a copy of said notice shall be mailed to the occupant of such property.
D. Within fourteen (14) days following delivery or mailing of the notice described in the preceding subsection, the owner of the property shall cause the nuisance to be removed or remedied. If the owner or occupant shall neglect or refuse to trim or maintain the trees or other vegetation as required by the notice, the village may promptly cause the removal or remedy of the nuisance by village employees or contractors. If the village shall so cause the removal or remedy of any such nuisance, all direct and indirect expenses incurred in connection therewith, including the costs of collection, shall be assessed against the property owner. In the event such expenses are not paid upon billing, the village clerk, not later than thirty (30) days after billing, shall file a notice of lien against such property for the amount of such expenses in the manner provided by statute. (Ord. G-958, 12-13-2011)