(A) Definition. The following are hereby declared public nuisances under this chapter:
(1) Any dead or dying tree or shrub, whether located on village-owned property, including right-of-way, or private property, which affects or may affect village-owned property;
(2) Trees infected with Dutch Elm Disease (Ceratocystis Ulmi) as determined by appropriate laboratory analysis and evaluation of other common symptoms;
(3) Trees infected with the Emerald Ash Borer (Agrilusplanipennis Fairmarie) as determined by the existence of basal sprouting, bark fissures, woodpecker damage (i.e., holes), one-eighth inch “D” shaped holes, the presence of larvae or the adult Emerald Ash Borer (Agrilusplanipennis Fairmarie), or bark falling off exposing “S” shaped galleries;
(4) Trees that are dead or substantially dead that, because of their condition, may serve as a breeding place for the European Elm Bark Beetle (Scolytus Multistriatus), the Native Elm Bark Beetle (Hylurgopinus Rufipes), or the Emerald Ash Borer (Agrilusplanipennis Fairmarie);
(5) Trees infected with Oak Wilt (Ceratocystis fagacearum) as determined by appropriate laboratory analysis and evaluation of other common symptoms;
(6) Any otherwise healthy tree or shrub, whether located on village-owned property, including right-of-way, or private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree or shrub;
(7) Any tree or shrub, or portion thereof, whether located on village-owned property, including right-of-way, or on private property, which affects or may affect village-owned property, which, by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public; and
(8) Any tree or shrub or portion thereof whether located on village-owned property, including right-of-way, or private property which affects or may affect village-owned property, which obstructs sightlines or the free passage of pedestrian or vehicular traffic or which obstructs a traffic control device on village property.
(B) Right to inspect. The Director has the authority to enter onto private property between the hours of 7:00 a.m. and 5:00 p.m. whereon there is located a tree, shrub, plant or plant part which is reasonably suspected to be a public nuisance, but only to the extent necessary to confirm whether a public nuisance exists. The Director may take photographs, video, or remove specimens from any tree to conduct any analysis, laboratory or otherwise, to determine if a public nuisance exists. Nothing in this section authorizes the village to force, break, or remove any lock or door to gain entry to an area to inspect for a nuisance.
(C) Abatement. The following are the prescribed means of abating public nuisances under this chapter:
(1) Any public nuisance under this chapter which is located on village-owned property, including right-of-way, shall be pruned, removed or otherwise treated by the Public Works Department in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
(2) Any public nuisance that is located on privately-owned property shall be pruned, removed, or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance and under the supervision of the Director. No property owner will be found to have violated this provision unless and until the following requirements of notice have been satisfied:
(a) The Public Works Department shall cause a written notice to be personally served or sent by certified mail to the person to whom the general tax bill was addressed for the preceding year;
(b) Such notice shall describe by legal description or by common description the premises;
(c) Such notice shall state the actions that the property owner or occupant may undertake to abate the nuisance;
(d) Such notice shall require the elimination of the nuisance within 30 days of the date of service of the notice, or such shorter period of time as is deemed necessary for public safety and welfare by the Public Works Department.
(3) If the village removes from any lot or parcel of land, pursuant to this section, any tree that is a public nuisance, the assessment of the cost of the work done by the village against the owner of the lot or parcel of land involved shall be in addition to the penalties imposed herein for any violation of noncompliance with any provision of this section.
(4) The Public Works Department is empowered to cause the immediate abatement of any public nuisance provided that the nuisance is determined by the Public Works Department to be an immediate threat to any person or property. Nothing in this section shall limit or reduce the village’s authority, statutory or otherwise, to define, prevent and abate nuisances.
(Ord. 2014-23, passed 6-16-14)