A. Overhanging Public Ways 1 ; Height Restriction: It shall be unlawful for any person to suffer or permit the branches or parts of any tree, shrub or vine hanging or being over any sidewalk to be nearer thereto than ten feet (10') above the same or to suffer or permit vines, shrubbery or plants to grow or be on any such sidewalk or obstruct the free use thereof. (1999 Code § 7.16)
B. Damage To, Protection Of Trees And Shrubs:
1. It shall be unlawful for any person to injure, mar, destroy, cut, break or tear any tree, shrub or plant or part thereof in any street, avenue, alley, public ground or place in the village.
2. Whenever any person has lawful authority to place wires, conduits, poles or other similar things in any such place, they must first have a permit in writing from the board of trustees to disturb, injure, harm, destroy, cut, break or tear any such tree, shrub or plant or any part thereof interfering with or standing or being in the way of such wires, conduits, poles or other similar things in any such place.
3. This subsection does not apply to the village or its authorized agents, servants or employees in the maintenance, repair and regulation of any such street or place. (1999 Code § 7.07)
C. Vegetation In Parkway And Easement:
1. Definitions:
EASEMENT: A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation or another person or entity for a specific purpose. For the purpose of this title, easements shall include the utility easement.
PARKWAY: That area beginning from the back of the curb or the edge of a gravel shoulder and extending to the front edge of the sidewalk.
2. Vegetation: No vegetation shall be planted in any parkway or utility easement that has the capability of exceeding twenty feet (20') in height. Examples would include, but not be limited to, maple, elm, and blue spruce.
3. Overhead Utilities: Subsection C2 of this section applies to any parkway or utility easement that contains overhead electric utilities.
4. Trees: No trees may be planted in any utility easement including easements that contain underground electric utilities.
5. Vines: No vines of any species shall be planted in any parkway or utility easement that contain overhead electric utilities.
6. Penalties: Any person, firm, or corporation violating any provision of this subsection C shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 2013-08, 8-20-2013)
D. Nuisance Trees: A tree which is determined by the Village of Waterman 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.
1. It shall be the duty of the property owner on any parcel to promptly remove any trees which pose a risk to personal property or human safety.
2. When the Village notifies the property owner, in writing, of a tree which is a potential risk to personal property or human safety, the property owner shall have twenty (20) calendar days to remove the tree. If the property owner has not removed the tree within the 20-day period, then the Village may take action to have the tree removed. If the tree is removed by the Village, a Village invoice shall be sent to the property owner that contains all costs associated with the removal, including but not limited to expended Village staff time, consultant fees and charges, contractor charges and materials, and oversight of said removal. If the property owner fails or refuses to reimburse the Village within thirty (30) calendar 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 lien are paid, and the Village may file a legal action to collect the costs contained in the invoice. (Ord. 2013-08, 8-20-2013; amd. Ord. 2024-03, 6-11-2024)
Notes
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