A. Right To Inspect: The officers, employees, and agents of the village are hereby authorized and directed to enter upon private property where any dead, diseased or substantially dead trees are located to ascertain whether or not a public health, or safety hazard, or public nuisance exists.
B. Infected And Diseased Trees Declared A Nuisance: Any tree of any species determined to be infected and/or diseased, by an agent of the village or by laboratory analysis by the section of applied botany and plant pathology, Illinois natural history survey or any laboratory approved by same, are hereby declared to be a public nuisance.
C. Dead Trees And Brush Piles Declared A Nuisance: Trees determined by an agent of the village to be dead or substantially dead, and any piles of brush determined to be a public health or safety risk by the building officer are hereby declared to be public nuisances.
D. Duty Of Owner/Occupant/Agent To Abate: The owner, occupant, or agent of a parcel of land on which any dead, diseased, or infected trees exist shall treat the infected trees with an approved treatment system administered by a qualified, licensed professional or remove and destroy said tree(s), or cause the same to occur within ten (10) days of notification to such owner, occupant, or agent that the tree has been determined to be dead, diseased, or infected. No chips or other particles resulting from such removal operation shall exceed one inch (1") in any dimension. All stumps of such dead, diseased, or infected trees shall be removed to a depth of not less than eight inches (8") below the ground surface and then covered with soil of the same depth. No ash material or other diseased or infected tree material shall be removed from any quarantine zone unless such removal is done consistent with the provisions of the state or federal quarantine. Notwithstanding any other provisions in this chapter to the contrary, all removal operations for dead, diseased, or infected trees shall fully comply with all applicable state and federal statutes and/or regulations.
E. Notice To Abate: Should the building officer identify a dead, diseased, or infected tree or brush pile, and determine that a public health or safety risk exists or that a public nuisance exists, notice must be provided to the owner, occupant or agent as follows:
1. Notice shall be sent by certified mail or personally served upon the person to whom was sent the tax bill for the general taxes on the property for the taxable year immediately preceding the removal activities; and
2. Such notice shall state that there is a dead, diseased, or infected tree or brush pile on the premises, shall describe the premises by legal description or by street address, and shall state that unless the dead, diseased, or infected tree or brush pile is professionally treated or removed on or before the date stated in the notice, the dead, diseased, or infected tree or brush pile shall be removed at the property owner's expense. The date stated in the notice shall be not less than ten (10) days after the date of the delivery or mailing of the notice; and
3. The notice shall contain a reference to the ordinance codified herein.
F. Failure To Remove Or Treat Dead, Diseased, Or Infected Trees Or Brush Piles Prohibited: It is unlawful for the owner, occupant or agent to permit any dead, diseased, or infected trees not being treated, or portions thereof, or piles of brush which have been declared to be a hazard or nuisance by the building officer to remain on such premises or to fail to remove same from such premises.
G. Abatement By Village; Lien For Removal Costs: In cases where the owner, occupant, or agent of the parcel of land on which a dead, diseased, or infected tree or brush pile is located cannot be found, or if the owner, occupant, or agent is found and notified in accordance with procedures above and fails to abate such nuisance, the village may abate the same by removing and destroying said dead, diseased, or infected trees or brush pile. In such cases, the owner, occupant, or agent shall be billed for any expenses which may be incurred by the village in the removal or abatement of the dead, diseased, or infected tree or piles of brush. If not paid, the expenses may be collected via legal action along with the fines and penalties provided for below. Such expenses may also constitute a lien upon the real estate affected in accordance with 65 Illinois Compiled Statutes 5/11-20-12 and 5/11-20-15. Such a lien shall not be imposed unless notice is personally served upon, or sent by certified mail to, the person to whom was sent the tax bill for the general taxes on the property for the taxable year immediately preceding the removal activities. The notice must be delivered or sent after the removal activities have been performed, and must: 1) state the substance of the statutory language permitting the lien and the substance of this section; 2) identify the underlying parcel, by common description; and 3) describe the removal activity.
H. Permit Required: No person or entity shall treat or remove any infected tree located on village property without first obtaining a permit from the village.
I. Penalties: Any person or entity violating any provision of this chapter shall be fined no more than seven hundred fifty dollars ($750.00) for each offense. A separate offense shall be deemed committed on each day on which the violation occurs or continues.
J. Severability: If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 2016-1122, 6-9-2016)