A. Infested Trees a Nuisance. All species and varieties of ash trees (trees of the genus Fraxinus) that are infested with the emerald ash borer beetle (Agrilus planipennis Fairmaire) or that are symptomatic of infestation are declared to be a public nuisance.
B. Breeding Places of Emerald Ash Borer Beetles Declared to be a Nuisance. All species and varieties of ash trees that are dead or substantially dead, and all dead ash wood to which the bark is still attached, which, because of their condition, may serve as a breeding place for the emerald ash borer beetle (Agrilus planipennis Fairmaire) are declared to be a public nuisance.
C. Removal, Cutting, Trimming and Transport of Ash Trees and Ash Woods; Regulations; Restrictions.
1. Unlawful to Maintain a Nuisance; Duty of Owner. 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 ash tree or ash wood that is a public nuisance as declared in this section and it shall be the duty of any such owner to promptly remove any such ash tree or ash wood and process it on site.
2. Removal, Cutting, Trimming and Transport of Ash Trees and Ash Wood.
a. Removal permit required. It is unlawful for any person to remove any ash tree in the Village, regardless of its size, without first obtaining a tree removal permit from the Village. No such permit shall be issued to anyone other than a contractor that has signed a compliance agreement with the Illinois Department of Agriculture.
b. Application for tree removal permit. All applications for permits for the removal of ash trees shall be submitted to the Director by the owner of the property on which the subject tree is located. The application shall be submitted on forms to be provided by the Village.
c. Conditions for removal, cutting, trimming, processing and transport. In addition to complying with this Code and any additional conditions stated in the removal permit, the removal, cutting, trimming and transport of ash trees and ash wood, and the processing of any wood cut or removed from an ash tree shall comply with all applicable State and federal statutes and regulations, which shall be incorporated by reference into all permits issued by the Village pursuant to this subsection C.
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 ash tree or ash wood situated on such parcel and to remove such ash tree or ash wood specimens as may be required to determine whether any ash tree or ash wood on the property is infested with the emerald ash borer. 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 infested ash tree or dead ash wood within thirty (30) days after service of such notice, the Director may proceed to remove and dispose of such ash tree or ash wood 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 infested ash tree or ash wood 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 ash tree, or dead ash wood, 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)
(MC-9-2009, Amended, 10/06/2009; MC-6-2007, Added, 05/01/07)