(A) Any tree infected with Dutch elm disease or the emerald ash borer is declared to be a public nuisance and subject to abatement as such. No person shall knowingly permit any tree so infected to remain on any lot or tract of land owned or controlled by such person. If such person fails to remove any tree so infected within thirty (30) days after receipt of notice (in form as below prescribed) from the village manager or his designated representative, directing such removal, the village may remove such tree at the expense of such person. (Ord. 2702, 3-16-2009)
(B) The cost of such diseased tree removal is a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens; provided that notice has been given as hereinafter described, and further provided that within one year after such cost and expense is incurred the municipality, or person performing the service by authority of the municipality in his own name, files notice of lien in the office of the recorder of deeds in the county in which such real estate is located or in the office of the registrar of titles of such county if the real estate affected is registered under the torrens system. The notice shall consist of a sworn statement setting out: 1) a description of the real estate sufficient for identification thereof, 2) the amount of money representing the cost and expense incurred or payable for the service, and 3) the date or dates when such cost and expense was incurred by the municipality. However, the lien of such municipality shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the tree removal and prior to the filing of such notice, and the lien of such municipality shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to such real estate arise prior to filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien, at the sole cost and expense of the owner or person interested in such property. (Ord. 2742, 3-1-2010)
(C) The cost of such tree removal shall not be a lien upon the real estate affected unless a notice shall 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 on the property, such notice to be delivered or sent not less than thirty (30) days prior to the removal of the tree or trees located thereon. The notice shall refer to and contain the substance of this section, and shall identify the property by common description, and the tree or trees affected.
(D) Notwithstanding the foregoing, the village manager is further authorized and directed to contact the property owner having any tree infected, as described in subsection (A) of this section and obtain from such owner permission to treat said infected tree with cacodylic acid and/or Sevin spray in an effort to isolate and eliminate said tree as a breeding area and spreader of tree infection until such time as such tree has been removed in accordance with this section. Permission from the property owner to so treat infected trees on private property must be obtained in writing together with execution of the proper hold harmless and indemnification rights to the village covering the treatment of such tree or trees by village employees.
(E) If any property owner refuses to allow the village to remove such infected trees, the village shall obtain an order from the circuit court of Cook County enjoining the owner from preventing the village from removing such trees. The costs of obtaining such an order shall be included with other costs of removing such trees and become a part of the lien upon the real estate affected. (Ord. 2702, 3-16-2009)