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HomeMy WebLinkAboutOrd 5819 10/19/2010 ORDINANCE NO. 5819 AN ORDINANCE AMENDING CHAPTER 9, 16 AND DIVISIONS II AND III, OF APPENDIX A, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT REGARDING MOBILIZATION, NOTICE AND TREES AND SHRUBS. Passed and approved by the President and Board of Trustees the 19 day of October, 2010 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 20 day of October, 2010. ORDINANCE NO. 5819 AN ORDINANCE AMENDING CHAPTERS 9, 16 AND DIVISIONS II AND III, OF APPENDIX A, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, REGARDING MOBILIZATION, NOTICE AND TREES AND SHRUBS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Subsection A of Section 9.103, "Citation and Penalty ", of Article I, General Provisions, of Chapter 9 of the Mount Prospect Village Code shall be deleted in its entirety and the following inserted in its place: 9.103: Citation, Notice and Penalty A. Citation; Notice: It shall be the duty of the following officials of the village, or their designees, to issue notices, including citations, to any persons who violate the provisions of this chapter, unless otherwise noted in a specific section: police chief; fire chief; director of community development, and the director of public works. 1. Unless otherwise specifically provided, service of any notice required under this chapter, including a citation, may be accomplished by either of the following methods: a. Personal Delivery: Notice may be delivered personally or may be delivered to a member of the household of the age of thirteen (13) years or upwards. b. Substituted Service: Notice by regular mail and posting of notice on the front entrance to the structure or similar location shall be deemed sufficient, legal notice to the owner and all other responsible parties. If there is no structure on the property, a sign may be posted anywhere on the premises. For purposes of this section, the person to whom the last general tax bill on the property was sent shall be presumed to be the owner. 2. Nothing in this subsection A shall be construed to abridge the power of a police officer to arrest any violator and take him or her into custody. SECTION 2: Article I, General Provisions, of Chapter 9 of the Mount Prospect Village Code shall be amended by inserting a new Section 9.104, "Administrative Mobilization Fee ", to be and read as follows: 9.104 Administrative Mobilization Fee Public Works provides services to protect and maintain public property in response to incidents that result from the acts or omissions of private parties or activities on private property. Whenever two (2) or more Public Works employees provide services in regard to such an incident, an administrative mobilization fee, in addition to the applicable hourly and /or equipment fee, shall be charged to the responsible party or property owner to reimburse the Village for its indirect costs associated with such services. Examples of such indirect costs include, but are not limited to, the costs associated with reassigning personnel, equipment, and materials from other work sites; travel time from other work sites; time and effort spent preparing and securing other work sites to facilitate crew reassignments; Toss of efficiency on other work; unbilled 257932_1 1 supervisor and administrative support time; costs of bill preparation, review and approval; and the cost of general office processes, procedures, and overhead associated with accounts payable and accounts receivable operations. The administrative mobilization fee shall be in the amount set forth in Division 11, of Appendix A, of this Code, which has been determined to be a reasonable cost for the mobilization of such services. SECTION 3: Section 9.705, "Definitions ", of Article VII, Trees and Shrubs, of Chapter 9 of the Mount Prospect Village Code shall be amended inserting the following definitions alphabetically: ASH TREE: Any tree of the genus "Fraxinus ", including any portions thereof, the logs and stumps thereof, and any wood piles consisting of portions of any such tree. EMERALD ASH BORER: An insect known scientifically as Agrilus planipennis Fairmaire, in any form, adult or larva (the immature stage), commonly referred to as EAB. INFECTED (INFECTION): Affected by Dutch Elm Disease. INFESTED (INFESTATION): Inhabited by insects or overrun in numbers or quantities large enough to be harmful. SECTION 4: Section 9.706, "Authority and Responsibility ", of Article VII, Trees and Shrubs, of Chapter 9 of the Mount Prospect Village Code shall be amended by inserting the phrase "revise and" before the word "maintain" in the last sentence of the second paragraph, to be and read as follows: 9.706 Authority and Responsibility The village shall have the authority to plant, maintain and remove all parkway trees, shrubs and other plantings in any public right of way within village limits or on any property owned or maintained by the village. Maintenance of the village infrastructure including trees is most efficiently accomplished as a coordinated effort between municipal departments. While the interests of trees and natural resources within the village is the general responsibility of all municipal departments, the primary responsibility of tree planting, maintenance and removal resides with the director of public works. The director of public works shall appoint a forestry/grounds superintendent. The forestry/grounds superintendent through the authority of the director of public works shall have the authority to interpret and enforce the provisions of this article. The director of public works may serve notice to any person in violation of the provisions of this article or initiate legal proceedings as may be necessary. The forestry/grounds superintendent has the authority to revise and maintain the village Arboricultural Standards Manual. SECTION 5: Subsection B(3) of Section 9.709, "Planting on Public Property ", of Article VII, Trees and Shrubs, of Chapter 9 of the Mount Prospect Village Code shall be amended by deleting the phrase "on file in the offices of the department of public works," to be and read as follows: 257932_1 2 3. Regulations Governing Tree Planting: All trees to be planted on public property shall be planted in accordance with the provisions outlined in the current Arboricultural Standards Manual. SECTION 6: Section 9.713, "Dutch Elm Disease Control," of Article VII, Trees and Shrubs, of Chapter 9 of the Mount Prospect Village Code shall be deleted in its entirety and replaced with the following: 9.713: DUTCH ELM DISEASE /EMERALD ASH BORER CONTROL: A. Nuisance Declared: Any tree found to be infected with Dutch elm disease or infested with Emerald Ash Borer (EAB) on any property in the village is a public nuisance and it shall be removed within ten (10) days following notice of the infection or infestation. It shall be unlawful for any person that owns or occupies any property on which such a diseased or infested tree is located to allow such tree to remain on any such property after the ten (10) days period has expired. B. Breeding /Harboring Places Of Elm Bark Beetles or EAB, Nuisance: 1. Elm and ash trees or parts thereof, in a dead or dying condition, including their Togs, stumps and wood in wood piles, serve as a breeding or harboring place or places for the elm bark beetle or EAB and are hereby declared public nuisances. It shall be unlawful for any person that owns or occupies property on which any such trees, parts thereof, log, stumps or wood in wood piles are located to permit the same to remain thereon after the expiration of ten (10) days following notice to remove same. 2. It shall be a public nuisance for any person or company to sell or otherwise dispose of elm or ash logs within the corporate limits of the village. In the event of such nuisance, that person or company shall be required to remove and properly dispose of the logs at its own expense within ten (10) days following notice to remove same. C. Enforcement And Inspection: The provisions of this section shall be enforced by the director of public works or his /her designee. The director of public works is hereby authorized, after giving notice of the intent and purpose, to enter in or upon any property in the village, at all reasonable hours, for the purpose of inspecting such property as the director of public works has reasonable cause to believe may contain diseased or infested trees or breeding /harboring places of the elm bark beetle or EAB. The director of public works may remove from such trees or breeding /harboring places such samples, borings or specimens as are required for the purpose of making a laboratory analysis to determine whether any tree located thereon is infected with Dutch elm disease or is infested with EAB, or is a breeding /harboring place of the elm bark beetle or EAB. It shall be unlawful for any person to prevent the director of public works from entering upon such property for the purpose of carrying out the duties specified hereunder or to interfere with the director of public works in the performance of the lawful duties authorized under the provisions of this section. D. Infested Ash Trees: For purposes of this Article, ash trees within the Village may, in the judgment of the Village's Forestry and Grounds Superintendent, be considered infested with Emerald Ash Borer if: 1. EAB insects in any stage of their life cycle are found in the tree or 2. The tree is more than half dead or 257932_1 3 3. Any three of the following symptoms are present: Woodpecker injury, S- shaped feeding galleries, Epicormic sprouting, D- shaped emergence holes, Bark splits, or Crown dieback. E. Notice: The director of public works shall give written notice to the owner or occupant of the property where the nuisances described in this Article exist to require the removal and lawful disposal of said nuisance within ten (10) days following such notice. The notice shall contain the following information: 1. A description of the property by common description. 2. A description of the nuisance. 3. A notice that it is unlawful to permit the nuisance to remain on the property. 4. A request to remove the nuisance. 5. A notice that if not removed within ten (10) days, the village will make necessary arrangements to remove the nuisance and charge the cost thereof to the owner or occupant of the property; and 6.A notice that if the cost and expense incurred in the removal is not paid within ninety (90) days after an invoice for such cost and expense has been sent to the property owner or occupant by regular mail, a notice of lien on the property will be filed in the office of the recorder of deeds, or registrar of titles, whichever is applicable, of Cook County, Illinois. F. Abatement: 1. If any person served with a notice as provided in this Article refuses or neglects to remove the nuisance within ten (10) days of the date that such notice is served, then the director of public works, or person(s) directed to remove said nuisance on behalf of the village, may enter in or upon the property where the nuisance is located and remove same. The cost and expense of such removal shall be charged to and paid by the owner or occupant of the property within ninety (90) days after an invoice containing the following information is served: a. A description of the property by common description; b. A description of the service rendered; c. The amount of the cost and expense incurred or payable for the service; d. The date or dates when such cost or expense was incurred by the village; and e. Payment to be made within ninety (90) days of the notice or a lien may be recorded against the property. 2. If the occupant, whose bill is unpaid, is not the owner of the property and the director of public works has such knowledge, notice shall also be sent to the owner of the property by regular mail. The failure of the village to mail such notice or the failure of the owner of the property to receive such notice shall not affect the right of the village to foreclose the lien for unpaid services rendered. 257932_1 4 G. Liens: 1. If a nuisance described in this article is removed by the village, or person(s) directed to remove said nuisance on behalf of the village, and the invoice remains unpaid after the ninety (90) day period, a notice of lien containing the cost and expense of removal incurred by the village may be recorded in the following manner: the village, or the person or firm authorized by the village to remove such nuisance in his or its own name, shall file a notice of lien in the office of the recorder of deeds of Cook County, Illinois, or, where applicable, in the office of the registrar of titles of Cook County, Illinois. The lien notice shall consist of a sworn statement setting out: a. A description of the property sufficient for identification; b. A description of the service rendered; c. The amount of the cost and expense incurred or payable for the service; and d. The date or dates when such cost or expense was incurred by the village. 2. The lien shall be superior to all subsequent liens and encumbrances. It may be enforced by proceedings to foreclose as for mortgages or mechanic's liens. H. Release Of Lien: Upon payment of the cost and expense by the owner or persons interested in the affected property, after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed and the release may be filed of record in the same manner provided for the filing of a notice of lien. I. Penalty: Any person violating any provision of this section shall be fined an amount set forth in appendix A, division III of this code, for each offense, and a separate offense shall be deemed to have been committed on each day during or on which a diseased or infested tree is permitted to remain after ten (10) days from service of notice. SECTION 7: Section 9.718, "Penalty ", of Article VII, Trees and Shrubs, of Chapter 9 of the Mount Prospect Village Code shall be amended by inserting the phrase "as measured 4 '/z feet above ground" at the end of the last sentence in the second to last paragraph, to be and read as follows: In addition, in the case of unauthorized destruction or removal of such public trees, the person committing the offense shall be held responsible for the cost of removal and replacement of trees. Such cost shall be calculated by multiplying the rate set forth in appendix A, division III of this code, times the inches of trunk diameter of the tree that was destroyed or removed, as measured 4% feet above ground. SECTION 8: Section 9.802, "Definitions ", of Article VIII, Construction of Utility Facilities in Public Rights of Way, of Chapter 9 of the Mount Prospect Village Code shall be amended by deleting the definition of Arboricultural Standards Manual, and replacing it with the following: ARBORICULTURAL STANDARDS MANUAL: That phrase as defined in section 9.705 of this chapter. 257932_1 5 SECTION 9: Subsection B(5), Damage to Parkway Trees, of Section 9.821, "Maintenance and Emergency Maintenance ", of Article VIII, Construction of Utility Facilities in Public Rights of Way, of Chapter 9 of the Mount Prospect Village Code shall be amended, as follows: a. The phrase "one inch (1 ")" in subsection B(5)(a) shall be deleted and replaced with the phrase "two inches (2 ") ", to be and read as follows: a. Repair of damaged tree roots is the responsibility of the utility. All roots greater than two inches (2 ") in diameter that are encountered during excavation shall be cleanly cut, on the side attached to the tree, with a handsaw or other tool specifically designed to cut wood. b. The phrase "one hundred dollars ($100.00)" in subsection B(5)(c) shall be deleted and replaced with the phrase "one hundred and fifty dollars ($150.00)," to be and read as follows: c. If the forestry division determines that the tree must be removed, the village will remove and replace the tree and send an invoice to the utility for this service. The invoice amount will be determined by multiplying the diameter of the tree by multiplying the diameter of the tree (measured 4 1 /2 feet above the ground) by one hundred and fifty dollars ($150.00) per inch. SECTION 10: Section 16.902, "Requirements for Parkway Trees ", of Article IX, Landscaping, of Chapter 16 of the Mount Prospect Village Code shall be amended by deleting the phrase "on file in the offices of the department of public works" in the last sentence of Subsection A, to be and read as follows: A. Number And Size Of Trees Required: Parkway tree planting fees required by this section shall be determined by calculating the number of two and one -half inch (2 1 /2") diameter trees that may be planted forty feet (40') apart along any public right of way adjacent to the subject property. The amount payable per tree shall be determined as detailed in section 15.808 of this code. In downtown areas zoned B -5 or B -5C, the above minimum spacing standards may be modified by the director of public works as detailed in the current "Arboricultural Standards Manual ". SECTION 11: Chapter 9, Public Utilities, Pavement and Tree Regulations, of Division II, Fees, Rates and Taxes, of Appendix A of the Mount Prospect Village Code shall be amended by inserting the following numerically: Section 9.104 Administrative Mobilization Fee: Fee: $500.00 SECTION 12: The title of Section 9.713, "Dutch Elm Disease," of Division III, Penalties and Fines, of Appendix A of the Mount Prospect Village Code shall be amended by inserting the phrase " /Emerald Ash Borer," to be and read as follows: Section 9.713 DUTCH ELM DISEASE /EMERALD ASH BORER CONTROL SECTION 13: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. 257932_1 6 AYES: Hoefert, Juracke, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 19 day of October, 2010. 257932_1 7