A. Definitions:
BUILDING COMMISSIONER: The Village of Worth Building Commissioner or his designee.
MUNICIPAL PROPERTY: Property owned by the Village of Worth, including rights-of-way, parkways and medians.
B. Public Nuisances: The following are hereby declared public nuisances under this chapter:
1. Any dead or dying tree or shrub, whether located on Municipal property or private property, which affects or may affect Municipal property.
2. Trees infected with Dutch elm disease (Ceratocystis ulmi) as determined by appropriate laboratory analysis and evaluation of other common symptoms.
3. Trees infected with the emerald ash borer (Agrilus planipennis Fairmaire) as determined by the existence of basal sprouting, bark fissures, woodpecker damage (i.e., holes), one-eighth inch (1/8") "D" shaped holes, the presence of larvae or the adult emerald ash borer (Agrilus planipennis Fairmaire), or bark falling off exposing "S" shaped galleries.
4. Trees that are dead or substantially dead that, because of their condition, may serve as a breeding place for the European elm bark beetle (Scolytus multistriatus), the native elm bark beetle (Hylurgopinus rufipes), or the emerald ash borer (Agrilus planipennis Fairmaire).
5. Trees infected with oak wilt (Ceratocystis fagacearum) as determined by appropriate laboratory analysis and evaluation of other common symptoms.
6. Any otherwise healthy tree or shrub, whether located on municipal property or private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree or shrub.
7. Any tree or shrub, or portion thereof, whether located on municipal property or on private property, which affects or may affect municipal property, which, by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public.
8. Any tree or shrub or portion thereof whether located on municipal property or private property which affects or may affect municipal property, which obstructs sightlines or the free passage of pedestrian or vehicular traffic or which obstructs a traffic control device on municipal property.
C. Right To Inspect: The building commissioner has the authority to enter onto private property between the hours of seven o'clock (7:00) A.M. and five o'clock (5:00) P.M. whereon there is located a tree, shrub, plant or plant part which is reasonably suspected to be a public nuisance, but only to the extent necessary to confirm whether a public nuisance exists. The building commissioner may take photographs, video, or remove specimens from any tree to conduct any analysis, laboratory or otherwise, to determine if a public nuisance exists. Nothing in this section authorizes the village to force, break, or remove any lock or door to gain entry to an area to inspect for a nuisance.
D. Abatement: The following are the prescribed means of abating public nuisances under this section:
1. Any public nuisance under this section which is located on municipal property shall be pruned, removed or otherwise treated by the village in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
2. Any public nuisance that is located on privately owned property shall be pruned, removed, or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance and under the supervision of the building commissioner. No property owner will be found to have violated this provision unless and until the following notice requirements have been satisfied:
a. The village shall cause a written notice to be personally served or sent by certified mail to the person to whom the general tax bill was addressed for the preceding year;
b. Such notice shall describe by legal description or by common description the premises;
c. Such notice shall state the actions that the property owner or occupant may undertake to abate the nuisance;
d. Such notice shall require the elimination of the nuisance within thirty (30) days of the date of service of the notice, or such shorter period of time as is deemed necessary for public safety and welfare by the building commissioner.
3. If the village removes from any lot or parcel of land, pursuant to this section, any tree that is a public nuisance, the assessment of the cost of the work done by the village against the owner of the lot or parcel of land involved shall be in addition to the penalties imposed herein for any violation of noncompliance with any provision of this section.
4. The building commissioner is empowered to cause the immediate abatement of any public nuisance provided that the nuisance is determined by the building commissioner to be an immediate threat to any person or property. Nothing in this section shall limit or reduce the village's authority, statutory or otherwise, to define, prevent and abate nuisances.
E. Penalty: Any person violating any provision of this section by failing, neglecting or refusing to comply with the provisions of any notice provided for herein, within thirty (30) days after the service thereof, or who shall resist or obstruct the building commissioner in carrying out the provisions of this section, may be prosecuted through the village's administrative adjudication system. As authorized by law, the village may file a lien for unpaid amounts related to this section, including, without limitation, costs incurred by the village for tree removal. The remedies identified in this section are nonexclusive, and nothing stated herein shall limit, waive or in any way reduce the remedies available to the village under law, equity or otherwise. (Ord. 2014-33, 9-16-2014)