A. Definition: For purposes of this section, "right-of-way" shall be defined as the legally designated Village property or ten feet (10') from the edge of the roadway improvements, whichever is less.
B. Planting Prohibited: The planting of trees, shrubs and other plants within a Village right-of-way is hereby prohibited.
C. Penalty And Remedies: A person violating this section shall be subject to a fine of fifty dollars ($50.00) per day for so long as such person remains in violation of this section. In the event such person fails to correct any violation of this section, the Village may, in its discretion, remove any and all trees, shrubs and/or other plants planted in violation of this section. In addition, the Village may, in its discretion, seek any other remedy available in law or equity to restrain or enjoin violations of this section. In further addition, the Village may, in its discretion, seek reimbursement for reasonable costs and attorney fees incurred in enforcing the provisions of this section.
D. Existing Trees And Shrubs: All trees, shrubs and/or other plants existing within a Village right-of-way at the effective date hereof shall not be subject to subsections B and C of this section. However, if the Village determines, in its sole discretion, that an existing tree, shrub, and/or other plant interferes with a Village right-of-way, the Village may, in its discretion, send written notice to the landowner of such interference. Such notice shall seek rectification of the interference and delineate what reasonable actions the Village expects the landowner to take. The landowner's failure to reasonably rectify the interference within ten (10) days of receipt of notice from the Village shall subject such landowner to a fine of fifty dollars ($50.00) per day until such interference is corrected. In the event the landowner fails to correct such interference within ten (10) days of receipt of notice from the Village, the Village may, in its discretion, correct the interference and/or remove the tree, shrub and/or other plants at issue and seek reimbursement from the landowner for such costs. For purposes of this section only, notice shall be deemed given upon personal delivery to the landowner, or four (4) days after such notice is mailed by the Village. (Ord. 2006-6, 2-21-2006)