13
CHAPTER 1024
Trees
1024.01 Dutch elm disease.
1024.99Equitable remedy.
CROSS REFERENCES
Box elder trees, female, as nuisance - see M.C.L.A. 124.151
Cutting or destroying trees - see M.C.L.A. 247.235, 247.241,
752.701 et seq.
Malicious destruction of trees - see M.C.L.A. 750.382
Obstruction of visibility by vegetation - see P. & Z. 1268.10
Heritage tree list - Pt. 12, Title 4, Appx. A-4
1024.01 DUTCH ELM DISEASE.
(a) Declaration of Nuisance; Duty to Destroy Infected Trees. Trees of all species and varieties of elm infected with fungus Ceratostomella ulmi (Dutch elm disease) are hereby declared to be a public nuisance and must be cut down and burned within a ten-day period following official notification by the Village of such infection.
(b) Selling, Giving Away or Transporting Infected Trees. No person shall sell, give away or transport all or any part of a tree infected with the aforementioned fungus. However, wood, branches and roots of such trees may be transported to a safe place for burning if first sprayed thoroughly with a one percent DDT emulsion.
(c) Dead Trees or Parts. Elm or parts thereof in dead condition, whether standing or cut wood, that may serve as breeding places for any carrier of the fungus, are hereby declared to be a public nuisance, and no property owner shall possess the same.
(d) Investigations by Village President; Testing. The Village President and/or his or her duly authorized representatives are hereby charged with the duty of making reasonable periodic investigations to determine whether or not trees of all species and varieties of elm, located upon any private or public property of the Village, have become infected with the fungus Ceratostomella ulmi (Dutch elm disease). Whenever he or she
suspects that a particular tree may be infected with such disease, he or she shall have the authority to enter upon such property to examine it, or to take a sample of such tree for the purpose of having it examined and tested by an appropriate State, County or other public authority or officer, or by a tree expert, to determine whether it is infected with such disease.
(e) Infected Trees on Public Property. Whenever a tree on public property is determined to be infected with the fungus Ceratostomella ulmi (Dutch elm disease), as set forth in subsection (d) hereof, the Village shall forthwith cause such public nuisance to be abated by cutting down and burning such tree.
(f) Infected Trees on Private Property.
(1) Whenever such infection is determined to be upon trees located upon private property, as set forth in subsection (d) hereof, the Village President and/or his or her duly authorized representatives shall forthwith give to the owner or occupant of said property written notice to forthwith terminate said nuisance by cutting down and burning such trees within ten days from the date thereof. Service of such notice shall be served by registered or certified mail, addressed to said owner at his or her last known address as shown on the records in the office of the Village Assessor or Village Treasurer.
(2) Such notice shall have attached thereto a form which authorizes the Village to remove such trees at the property owner's expense. This form must be signed and returned to the Village offices within the ten-day period.
(3) Should such nuisance not be abated within the ten-day period and should the owner or occupant fail, within the ten-day period, to authorize the Village to terminate such nuisance, the owner or occupant, or both, shall be deemed to be in violation of this section and subject to the penalties set forth in Section 1024.99. In such cases the Village shall forthwith terminate such nuisance by cutting down and burning the tree at the expense of the owner or occupant, or both, and the cost incurred shall constitute a lien against the real property involved. (Ord. 14. Passed 6-17-59.)
1024.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)
In addition to, or in lieu of, the remedies and penalties provided for in Section 1024.01 and in Section 202.99 of the Administration Code, Council may direct the Village Attorney to take appropriate action in a court of equity to abate any nuisance created by a violation of Section 1024.01. (Ord. 14. Passed 6-17-59.)