A. Obstructions: It shall be the duty of any person(s) owning or occupying real property bordering on any roadway, public access easement and any other right of way to prune any trees and other vegetation located on said property in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or alley intersection. The minimum clearance of any overhanging portion of trees and other vegetation thereof shall be ten feet (10') over sidewalks and twelve feet (12') over all roadways, except in the case of truck thoroughfares, which shall have a clearance of sixteen feet (16').
B. Hazardous Trees: It shall be the duty of any person(s) owning or occupying real property bordering on any roadway, public access easement or any other right of way to remove any trees (or portions thereof) located on said property which, due to storm damage, disease or any other causes, have died or become diseased, loose, broken, cracked, leaning or otherwise hazardous (hereinafter "hazardous") because of the increased risk that said trees (or portions thereof) may fall onto the public ways.
C. Notice To Prune Or Remove: Should any person(s) owning real property bordering on any roadway, public access easement and any other right of way fail to properly prune trees and other vegetation as hereinabove provided or to properly remove hazardous trees (or portions thereof) as hereinabove provided, the tree board (the village president and board of trustees) shall order such person(s), within ten (10) days after receipt of written notice, to so prune or remove such trees (or portions thereof) and other vegetation. The notice shall be by either: 1) certified mail, return receipt requested; 2) first class mail; or 3) personal service. The person who serves such notice shall complete an appropriate affidavit of service in the event notice is served by first class mail or personal service.
D. Right To Appeal: Any person receiving a notice as hereinabove provided shall have the right to appeal. The appeal shall be in the form of a letter to the tree board and shall outline the specific reasons and justification for the appeal and shall request a hearing before the tree board. The appeal must be received within five (5) days of the receipt of said notice. The decision of the tree board made after hearing the appeal shall be final.
E. Failure To Comply; Pruning Or Removal By Village: When a person to whom a notice to prune or remove is directed shall fail to comply within the specified time, it shall be lawful for the village to cause such trees or other vegetation to be pruned or removed at reasonable cost, which shall be reimbursed by the property owner within thirty (30) days.
F. Emergency Pruning Or Removal: The village may provide for the emergency pruning or removal of trees or other vegetation from property not owned by the village or dedicated for public use, without prior notice to the owner of such property, if a certified arborist determines them to pose an immediate hazard to any roadway, public access easement or other right of way over which the village has control. The pruning or removal shall be at a reasonable cost, which shall be reimbursed by the property owner within thirty (30) days.
G. Lien:
1. All village costs for pruning or removal not reimbursed shall be a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens. Within ninety (90) days after said costs are incurred, the village shall file a notice of lien in the office of the recorder of deed of DuPage or Kane County, Illinois, whichever is applicable. Said notice shall consist of a sworn statement setting out: a) a description of the real estate sufficient for identification thereof; b) the amount of money representing the cost and expense incurred or payable for the service; c) the date or dates when said cost or expenses were incurred and payment thereof became delinquent.
2. The failure to record the lien or failure to record within said ninety (90) day period shall not relieve the owner of the property (as determined at the time the pruning or removal violation occurred) of the obligation to reimburse the village in full, and such obligation will continue in effect until paid.
H. Lien Release: Upon payment of the cost and expenses, including the cost of recording said notice, and, in addition, the payment of a fifteen dollar ($15.00) release fee, by the owner of or persons interested in said lot, piece or parcel of land, a release of said lien by the village or person in whose name the lien has been filed shall be delivered to the person so paying the cost and expenses. (Ord. 04-15, 10-19-2004)
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