A tree which is determined to be a nuisance tree is one which is dead or declining and has the potential to damage other trees, people or structures. These trees may be located on public or private property.
A. It shall be the duty of the property owner on any parcel to promptly remove any trees which pose a risk.
B. Should the Village notify the property owner, in writing, of a tree which is a potential risk, the property owner shall have thirty days to remove the tree. If after thirty days the property owner has not removed the tree then the Village shall take action to have the tree removed and shall provide to the property owner a written invoice outlining all costs associated with the removal, including but not limited to staff time, materials and oversight of said removal. Should the property owner not reimburse the Village within thirty days of issuance of a written invoice, the Village shall place a lien on the property until all expenses related to the removal and subsequent hen are paid.
C. Infected, Infested Trees Due to a Pest or Pathogen Are Defined as a Nuisance:
1. Any tree which is in a state of irreparable or untreatable decline due to heavy infestation or disease is included in the definition of a nuisance. Infested or infected trees, which are identified by Federal or State Departments of Agriculture to be in quarantine or can potentially infect or infest other trees are defined as a nuisance. This would include but not be limited to Ash (Fraxinus) trees infested with emerald ash borer which are not being treated or whose treatment is ineffectual, or Elm trees (Ulmus) infected with Dutch elm disease.
a. The Village shall enforce State and Federal regulations governing quarantine zone boundaries, and regulated articles.
b. For the purposes of this Section, “Regulated Articles” are hereby defined as any insects at any living state of development, any quarantines materials such as wood products including, but not limited to chips, limbs, lumber, firewood or any other product or means of conveyance which may be determined by Federal or State departments of agriculture to pose a risk of spread of any infestation or infection.
c. It shall be illegal to move out of established quarantine zone(s) regulated articles unless those articles have met all requirements of the local, Federal and State regulatory agencies.
d. It shall be illegal for any person or entity to transfer from a quarantine zone into a non-quarantine zone including the Village any regulated articles.
e. Any person or entity found to be in violation of any local, State or Federal regulations related to tree infestations or infections shall be prosecuted to the full extent of the law.
f. All contractors working within and near any quarantine zone(s) are required to comply with the quarantine regulations and supply records that may be required for inspection to the Village, County, State or Federal agencies upon request.
2. Trees in Decline or Dead Are Defined as a Nuisance:
a. Any tree or part of a tree which is dead which could potentially fall on a person or structure is defined as a nuisance.
b. It shall be unlawful for any owner of any lot or land in the Village to permit or maintain on any such lot or land, any tree which is dead, or declining to the state where it may create a potential risk for structures or people. It shall be the duty of any such owner to promptly cause the removal of any such tree. (Ord. 2023-1365, 5-10-2023)