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HomeMy WebLinkAboutOrd 6002 04/03/2012 Amending Chapter 9 Regarding Dutch Elm/Emerald Ash BorerORDINANCE NO. 6002 AN ORDINANCE AMENDING CHAPTER 9 AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING DUTCH ELM /EMERALD ASH BORER CONTROL Passed and approved by the President and Board of Trustees the 3 rd day of April, 2012 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 3 rd day of April, 2012. ORDINANCE NO. 6002 AN ORDINANCE AMENDING CHAPTER 9 AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING DUTCH ELM /EMERALD ASH BORER CONTROL 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: Section 9.713, "Dutch Elm Disease /Emerald Ash Borer 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: Section 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 shall be abated as provided in this Section 9.713. B. Time for Removal of Nuisance: 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 following time for removal has expired: 1. A diseased or infested tree must be removed within 10 days after notice has been given, unless the director of public works identifies it as such between September 1 of any year and the following April 1, in which case it must be removed within 30 days after notice has been given. 2. In the event that the director of public works receives proof that an infested ash or infected elm tree has been treated pursuant to Section 9.715, the director may extend the time limits set forth in Subsection B(1) of this Section until such time as the director determines, in his /her discretion and professional judgment, that the tree's condition is hazardous to users of the public right of way. C. Breeding /Harboring Places Of Elm Bark Beetles Or EAB, Nuisance: Elm and ash tree parts, in a dead or dying condition, including their logs 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 tree parts, logs or wood in wood piles are located to permit the same to remain thereon after expiration of the time for removal described in Subsection B(1) of this Section. 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 after expiration of the time for removal described in Subsection B(1) of this Section. D. 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 283619_2 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. E. 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 3. Any three (3) of the following symptoms are present: woodpecker injury, S- shaped feeding galleries, epicormic sprouting, D- shaped emergence holes, bark splits, or crown dieback. F. 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 the applicable time for removal 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 the time for removal, 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. G. Abatement: If any person served with a notice as provided in this article refuses or neglects to remove the nuisance within the applicable time for removal, 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; 283619_2 c. The amount of the cost and expense incurred or payable for the service, including any administrative mobilization fee pursuant to Section 9.104 of this Code; 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. H. Liens: 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, including any administrative mobilization fee pursuant to Section 9.104 of this Code; 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. I. 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. J. 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 the time for removal has expired. SECTION 2: A new Section 9.715, "Pesticide Application To Parkway Trees ", shall be inserted in Article VII, Trees and Shrubs, of Chapter 9 of the Mount Prospect Village Code, the remaining Sections renumbered numerically, to be and read as follows: 9.715: PESTICIDE APPLICATION TO PARKWAY TREES 283619_2 Upon written application, a resident may be authorized to treat a Village tree, located on the parkway adjacent to a resident's property, with an appropriate pesticide. The director of public works is authorized to approve such a permit. Such a permit shall be subject to the following: A. Treatment shall be provided by either the property owner, using a product registered for homeowner application, or by a contractor licensed by the State of Illinois as a Pesticide Applicator or Operator. B. The contractor must also have a current contractor's license issued by the Village of Mount Prospect. C. Within ten (10) days after any application, written notice of the date of application must be given to the Forestry /Grounds Superintendent. D. The permit shall be valid for not to exceed two (2) months. E. Despite the issuance of a permit and application of treatment(s) pursuant to the permit, parkway trees are and remain the property of the Village. Therefore, the Village reserves the right, at any time and for any reason, to care for, maintain, prune, and remove any trees subject to a permit. The Village shall not in any way be responsible for any costs associated with, or liability created by, the resident or its contractor's treatment of the trees under this permit. F. The applicant agrees to hold harmless, indemnify and defend the Village in the event that any claims, of any kind or type, result from the treatment of such tree(s) under this permit. SECTION 3: Appendix A, Division III, Penalties and Fines, shall be amended by A. Delete the reference to "I" regarding the Penalty under Section 9.713, "Dutch Elm Disease /Emerald Ash Borer Control" and replaced it with "J ", to be and read as follows: Section 9.713: DUTCH ELM DISEASE /EMERALD ASH BORER CONTROL: J. Penalty: Not less than $500.00 nor more than $1,500.00 for each offense. B. Subsection 9.718, "Penalty (Injury to Trees) ", shall be renumbered to read as follows: Subsection 9.719, Penalty (Injury to Trees) SECTION 4: 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. AYES: Hoefert, Juracek, Korn, Matuszak, Polit NAYS: None ABSENT: Zadel PASSED and APPROVED this 3rd day of April, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 283619_2