(A) Definition. The following are hereby declared public nuisances under this chapter:
(1) Any dead or dying tree, shrub, or other plant, whether located on city-owned property or on private property;
(2) Any otherwise healthy tree, shrub, other plant, whether located on City-owned property or on private property, which harbors insects or diseases which reasonably may be expected to injure or harm any other tree, shrub, or other plant;
(3) Any tree, shrub, or other plant, or portion thereof, whether located on city-owned property or on private property, which by reason of location or condition constitutes an imminent danger to the health, safety, or welfare of the general public;
(4) Any tree, shrub or other plant, or portion thereof, whether located on city-owned property or on private property, which obstructs the free passage of pedestrian or vehicular traffic of which obstructs a streetlight;
(5) Any tree , shrub or other plant, or portion thereof, whether located on city-owned property or on private property, which dangerously obstructs the view in the "visibility triangle" of an intersection as such may be determined by the City Services Foreman.
(B) Right to infect. The officers, agents, servants, and employees of the city of have the authority to enter onto private property whereon there is located a tree, shrub, plant, or plant part that is suspected to be a public nuisance, as defined hereinabove.
(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 city-owned property shall be pruned, removed, or otherwise treated at the direction of the City Services Foreman in whatever fashion is required to cause the abatement of the nuisance within thirty days after its discovery.
(2) Any public nuisance under this chapter which is located on private property shall be pruned, removed, or otherwise treated by the owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied:
(a) The City Services Foreman shall cause a written notice to be personally served or sent by registered mail to the person to whom was sent the tax bill for the general taxes for the last preceding year;
(b) Such notice shall describe the kind of tree, shrub, or other plant or plant part which has been declared to be a public nuisance; its location on the property; and the reason for declaring it a nuisance;
(c) Such notice shall describe by legal description or by street address the premises;
(d) Such notice shall state the actions that the property owner may undertake to abate the nuisance;
(e) Such notice shall require the elimination of the nuisance no less than thirty days after the notice is delivered or sent to the person to whom was sent the tax bill for the general taxes for the last preceding year;
(f) Such notice shall include a copy of this chapter and a copy of ILCS Ch. 65 Act 5 §§ 11-20-11 and 11-20-12.
(D) In the event that the nuisance is not abated by the date specified in the notice, then the City Services Foreman is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the property owner of the property on which the nuisance was located shall be subject to prosecution under § 96.99 of this chapter. Nothing in this provision shall be construed to exempt any person from the requirements of obtaining permits under § 96.05 of this chapter.
(Ord. 2002-0-8, passed 6-24-02)