A. Infected Trees a Nuisance. All species and varieties of elm trees (trees of the genus Ulmus) infected with the fungus known as the Dutch elm disease (Certostomella Ulmi) are declared to be a public nuisance.
B. Breeding Places of Elm Bark Beetles Declared to be a Nuisance. All species and varieties of elm trees that are dead or substantially dead, and all dead elmwood to which the bark is still attached, which, because of their condition, may serve as a breeding place for the elm bark beetle (Scolytus Multistriatus), are declared to be a public nuisance.
C. Unlawful to Maintain a Nuisance; Duty of Owner to Remove and Dispose of Trees. It is unlawful for any owner of any lot or land in the Village to permit or maintain on any such lot or land, any infected elm tree or dead elmwood which is a public nuisance as declared in this section and it shall be the duty of any such owner to promptly remove any such elm tree or dead or substantially dead elmwood and dispose of it either by burning or burying it outside the Village.
D. Enforcement; Right of Entry of Village Officers. To carry out the purposes of this section and to implement the enforcement of this section, the Director is authorized and empowered to enter upon any lot or parcel of land in the Village at all reasonable hours to inspect any elm tree or dead elmwood situated on such parcel and to remove such specimens from any such tree as are required for the purposes of laboratory analysis or to determine whether there is any dead or substantially dead elm tree or dead elmwood on the property. It is unlawful for any person to interfere with the Director in carrying out the duties authorized in this section.
E. Duty of Owner to Abate Nuisance. If it is determined that there exists a public nuisance as declared in this section, the Director shall serve or cause to be served upon the owner of the lot or parcel of land on which such nuisance is located, a written notice identifying the nuisance and requiring such owner to comply with the provisions of this section. If the person upon whom such notice is served, fails, neglects or refuses to remove and dispose of the infected elm tree or dead elmwood within thirty (30) days after service of such notice, the Director may proceed to remove and dispose of such tree or dead elmwood and the cost shall be paid by the owner to the Village.
F. Service of Notice to Owner. Service of notice provided for in subsection E of this section, shall be effected by personal service or by certified mail addressed to the person to whom and at the address to which the tax bill was sent for the general taxes for the last preceding year on the lot or parcel on which the infected elm or dead elm or elmwood is located.
G. Village Abatement and Assessment of Costs. Any costs incurred by the Village in the abatement of a public nuisance as declared in this section may be assessed against the record owner of the land involved and the Village may place a lien upon such property for those costs in the manner provided by law.
H. Nuisance on Village Property. Any infected elm tree, or dead elmwood, on property owned by the Village which is a public nuisance as declared in this section shall promptly be removed and disposed of under the supervision of the Director at the expense of the Village.
(Prior code § 10.06)