A. Prohibited Tree Varieties: The trees listed in table III, section 11-9-14 of this chapter shall not be permitted to be planted within the village. Anything in this section to the contrary notwithstanding, it shall not constitute a violation of this chapter to permit any prohibited tree variety to remain on any land within the village if such tree existed prior to the effective date hereof nor to permit or fail to prevent the new or subsequent growth of any such tree variety through natural propagation. Tables I, II and III are set out in section 11-9-14 of this chapter.
B. Trees Affected With Contagious Or Threatening Diseases Or Infestations Declared To Be Public Nuisances: All species and varieties of elm trees infected with the fungus known as the Dutch elm disease and trees infected with oak wilt as determined by laboratory analysis conducted by or under the direction of the village engineer and trees infested with Asian longhorn beetle or other diseases or infestations that threaten the urban forest are hereby declared to be a public nuisance.
C. Breeding Places Of Elm Bark Beetles Declared To Be Public Nuisances: All species and varieties of elm trees that are dead or substantially dead, and all dead elm wood to which the bark is still attached are hereby declared to be public nuisances.
D. Unlawful To Maintain Public Nuisances: It shall be unlawful for any owner or occupant of any lot or parcel of land in the village, to permit or maintain on any such lot or parcel of land, a public nuisance as set out in subsections B and C of this section and it shall be the duty of any such owner or occupant to promptly remove any such tree so identified by the village engineer and dispose of it either by chipping or burning. Trees less than five percent (5%) infected may be treated in an effort to save the tree with permission from the village engineer.
E. Enforcement: In order to carry out the purpose of this chapter and to implement the enforcement thereof, the village engineer is hereby authorized and empowered to enter upon any lot or parcel of land in the village at all reasonable hours for the purpose of inspecting any trees or stored wood situated thereon, and the village engineer may remove such specimens from any such tree as are required for the purposes of the laboratory analysis referred to in this chapter. It shall be unlawful for any person, firm or corporation to take any action to prevent the village engineer from entering onto any lot or parcel of land in the village for the purpose of such inspection, or to interfere with the village engineer in the performance of any duties provided under the provisions of this section.
F. Duty Of Owner To Remove Diseased Tree Or Breeding Place: If it is determined that any tree is a public nuisance as provided above, the village engineer shall serve or cause to be served upon the owner and occupant of the lot or parcel of land on which such tree or stored wood is located, a written notice requiring such owner to comply with the provisions of this chapter. If the owner or occupant upon whom such notice is served, fails, neglects or refuses to remove and destroy the public nuisance within thirty (30) days after service of such notice, the village engineer may proceed to remove and dispose of such tree or stored wood and assess the cost thereof against the owner or occupant of such lot or parcel of land, and the amount of such cost shall be paid by such owner to the village.
G. Notice To Owner: Service of notice to an owner or occupant shall be served by personal service or by certified mail, return receipt requested. For purposes of this section, an "owner" shall be the person to whom the tax bill for the general taxes for the last preceding year on the lot or parcel on which the diseased or infected tree is located was sent.
H. Village May Abate Nuisance And Assess The Cost To The Owner: Provided that notice to an owner is sent in accordance with subsection F of this section, any costs incurred by the village in the abatement of a public nuisance pursuant to this section may be assessed against the record owner of the subject property, and the village may place a lien upon such property for those costs in the manner provided by law.
I. Nuisance On Village Property: Any tree or stored wood, on property owned by the village which is a public nuisance as provided in this section shall promptly be removed and disposed of under the supervision of the village engineer, at the expense of the village. (Ord. 04-01, 2-17-2004)
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