(a) Determination; Destruction of Tree. Whenever a tree in the Village is suspected of being infected with Dutch Elm Disease and that fact is brought to the attention of the Commissioner of Public Health and Safety, he or she shall cause a laboratory analysis to be made of a specimen from the suspected tree. If the tree is found to be infected with Dutch Elm Disease, it shall be declared a nuisance and the Commissioner shall order the infected tree cut down and destroyed in accordance with IEPA regulations. If the tree is on Village property, it shall then be promptly cut down and destroyed in accordance with IEPA regulations by the Village under the direction of the Commissioner.
(b) Infected Trees on Private Property; Notice; Action by Owner. When a tree found to be infected is located on private property, the Commissioner shall notify the owner, lessee or other person in control of such property, such notice to be in writing and delivered to the owner, lessee or other person, or sent by United States registered mail to such owner, lessee or other person, at his or her last known address. The notice shall inform the owner, lessee or other person that the tree is infected with Dutch Elm Disease and shall direct that the infected tree be cut down and destroyed in accordance with IEPA regulations within thirty days from the date upon which the notice is delivered or received by mail as indicated by the return receipt.
Such owner, lessee or other person shall forthwith cut down and destroy the infected tree in accordance with IEPA regulations within thirty days from the date of the delivery or receipt of such notice.
(c) Action by Village. If the owner, lessee or other person in control of the property on which such diseased Elm tree is located cannot be found, or, if found and notified pursuant to subsection (b) hereof, he or she neglects or refuses to cut down and destroy such tree in accordance with IEPA regulations, the Village may cut down and destroy the diseased tree in accordance with IEPA regulations. In that event, the owner, lessee or other person shall be charged with those expenses incurred by the Village in cutting down and destroying such tree, which expense shall be collected by the Village by suit or otherwise in addition to the penalty provided in Section 684.99.
(d) Violation. No owner, lessee or other person in control of property on which is located a tree infected with Dutch Elm Disease shall fail to cut down and destroy the tree in accordance with IEPA regulations within thirty days from the date of the delivery or receipt of notice as provided in subsection (b) hereof.
(Ord. 1995-10. Passed 4-10-95.)