(a) Any tree on private property which is dead, or is without foliage and appears to be dead for one or more full seasons, and which could fall on a public right-of-way, or has the potential of being, in whole or part, blown, under normal winds, onto a public right-of-way, is hereby declared to be a public nuisance.
(b) Before said tree is officially declared to be a public nuisance, the Safety Committee of the Village shall inspect said tree, premises and right-of-way accompanied by a representative of the Police Department and make a written report to the Mayor as to their finding with regard to the tree as a public nuisance. A majority of the Safety Committee will be necessary to declare a tree a public nuisance.
(c) When the Safety Committee declares a tree to be a public nuisance, said tree shall be marked for identification along with the land or lot number on which said tree is located in the finding, and the Mayor shall give written notice, either personally or by mail to the owner of the premises on which said tree is located and state that said nuisance must be abated within ninety days from receipt of the notification. The Mayor shall cause a record to be kept of the service of notice on said property owner.
(c) If said nuisance has not been abated within ninety days, the Mayor shall, with the Safety Committee, inspect the tree, premises and right-of-way and determine if the nuisance still continues, and if a majority of the Safety Committee concurs with the continuance of the nuisance, the Mayor shall order the tree removed. Said order shall be submitted in writing and a copy delivered to the owner.
(d) The costs in connection with the abatement of the nuisance and the action taken, shall be certified to the County Auditor by the Clerk of the Village who shall place same on the tax duplicate for said premises. Said amount of costs shall be collected as other taxes and returned to the municipal corporation with the general fund.
(Ord. 289. Passed 12-4-61.)