(a) Declaration of Public Nuisance. The Village Arborist or his/her designee, may declare the following to be a public nuisance:
(1) Any dead or dying tree, shrub or other plant, whether located on Village-owned property or on private property; that by reason of location or condition, constitutes an imminent danger to the health, safety or welfare of the general public;
(2) Any tree on private property that obstructs the free passage of pedestrian or vehicular traffic, or a Village street sign;
(3) Any tree or limb that poses an imminent risk to the public, including persons and property.
(Ord. 2015-33. Passed 11-9-15.)
(b) Right of Entry. The officers, agents, servants and employees of the Village have the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance.
(c) Abatement; Notice. The following are the prescribed means of abating public nuisances under this chapter:
(1) Any public nuisance under this chapter that is located on privately-owned property shall be pruned, removed or otherwise treated by the property owner or his or her agent in whatever fashion is required to cause the abatement of the nuisance. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied:
A. The Village Arborist shall cause a written notice to be personally served or sent by registered mail to the person to whom was sent the tax bill for the general taxes for the last preceding year.
B. Such notice shall describe the kind of tree, shrub or other plant or plant part which has been declared to be a public nuisance, its location on the property and the reason for declaring it a nuisance.
C. Such notice shall describe the premises by legal or by common description.
D. Such notice shall state the actions that the property owner may undertake to abate the nuisance.
(Ord. 1993-18. Passed 3-29-93.)
E. Such notice will require the elimination of the nuisance no more than thirty days after the notice is delivered or sent to the person to whom was sent the tax bill for the general taxes for the last preceding year. (Ord. 1994-23. Passed 7-11-94.)
(2) In the event that the nuisance is not abated by the date specified in such notice, the Village Arborist is authorized to cause the abatement of said nuisance.
(3) The Village Arborist is empowered to cause the immediate abatement of any public nuisance, provided that the nuisance is determined by the Village Arborist to be an immediate threat to any person or property.
(Ord. 1993-18. Passed 3-29-93.)