(A) Definition: The following are hereby declared public nuisances:
(1) Any dead or dying tree, whether located on Village property or on private property;
(2) Any otherwise healthy tree, whether located on Village property or on private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree;
(3) Any tree or portion thereof, whether located on Village property or on private property, which by reason of location or condition constitutes an imminent danger to the health, safety, or welfare of the general public;
(4) Any tree or portion thereof whether located on Village property or on private property which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a streetlight or interferes with the proper spread of light along the public right-of-way;
(5) Any tree or portion thereof whether located on Village property or on private property which obstructs the view of any vehicular traffic in or approaching an intersection.
(B) Abatement: The following are the prescribed means of abating public nuisances:
(1) Any public nuisance located on Village property shall be pruned, removed, or otherwise treated by the Village Arborist in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
(2) Any public nuisance located on private property shall be pruned, removed, or otherwise treated by the property owner or the contractor of the property owner in whatever fashion is required to cause the abatement of the nuisance. No property owner may be in violation of this provision unless and until the following requirements of notice have been satisfied:
(a) The Village Arborist, Director of Streets, Sanitation and Water or designee shall cause a written notice to be sent by certified mail to the owner of the property upon which the nuisance is found;
(b) Such notice shall describe with particularity the tree which has been declared to be a public nuisance;
(c) Such notice shall state with particularity the alternative actions that the property owner may undertake to abate the nuisance;
(d) Such notice will require the elimination of the nuisance within 30 days after receipt of the notice by the property owner, although, upon a showing of good cause, said period may be extended for a reasonable period.
In the event that the nuisance is not abated within thirty (30) days following receipt of notice by the property owner or within any further time period allowed, the Village Arborist, Director of Streets, Sanitation and Water or designee is authorized to cause the abatement of said nuisance, and the reasonable cost of such abatement to be billed to the property owner and completely paid by the property owner. If the property owner fails to timely pay, the Director of Streets, Sanitation and Water or designee, is hereby authorized to file the reasonable cost of such abatement as a lien against the property on which the nuisance was located, and the property owner of the property upon which the nuisance is located shall be subject to prosecution.
(3) The provisions of this section notwithstanding, the Village Arborist, Director of Streets, Sanitation and Water or designee is hereby empowered to cause the immediate abatement of any public nuisance, provided that the nuisance is declared to be an immediate threat to property or imminent danger of injury or death to any person, and provided that the owner of the property on which the nuisance is located cannot be found through the reasonable efforts.
(4) The Village Attorney is hereby empowered to seek from any court of competent jurisdiction an order directing the immediate abatement of any public nuisance under this title.
Nothing in this provision shall be construed to exempt any person, contractor, or firm from the requirements of obtaining all necessary approvals.
(Ord. 23-4369, passed 7-20-23)