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(A) Generally. All street trees planted in violation of, or not maintained in strict compliance with the provisions of this chapter and the Standards and Specifications Manual, or that are dead or dangerous are declared to constitute a public nuisance. The Village Manager, or designee, shall cause written notice to be served on the property owner requiring such nuisances to be corrected within 30 days or the cost of correction will be assessed against the property owner.
(B) Dead or diseased tree removal on private property. Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations, the Village Manager, or designee, shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice.
(Ord. 202, passed 7-10-2013) Penalty, see § 94.99
Any person deciding to appeal a decision made by the Village Manager, or designee, shall be granted a meeting with the person or department responsible for trees to discuss the issue. The person or department responsible for trees must be notified of the desire to meet within 14 days from when the decision was publicized. If a discussion satisfying both parties cannot be met, a written appeal may be submitted to the Village Council within 14 days thereafter. The decision of the Village Council shall be final.
(Ord. 202, passed 7-10-2013)
No person shall prevent, delay or interfere with the Village Manager, or designee, in the execution or enforcement of this chapter.
(Ord. 202, passed 7-10-2013) Penalty, see § 94.99
In case of emergencies involving, but not limited to, tornadoes, windstorms, floods, freezes or other natural disasters, the requirements of this chapter may be waived by the Village President or Emergency Manager. This section shall not be used to circumvent the provisions of this chapter.
(Ord. 202, passed 7-10-2013)
(A) Any person who violates any of the provisions of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 nor more than $500, plus costs and other sanctions, for each infraction.
(B) Repeat offenses shall be subject to an increased civil fine as follows:
(1) The fine for any offense which is a first repeat offense shall be not less than $250, plus costs and other sanctions; and
(2) The fine for any offense which is a second repeat offense or any subsequent repeat offense shall not be less than $500, plus costs and other sanctions.
(C) A repeat offense means a second (or any subsequent) violation of this chapter:
(1) Committed by a person within any six-month period; and
(2) For which the person admits responsibility or is determined to be responsible.
(D) Each day on which any violation of this chapter continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
(E) In addition, the village specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this chapter.
(Ord. 202, passed 7-10-2013)