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HomeMy WebLinkAboutOrd 1118 12/07/1965 I I I I ORDINANCE NO. 1118 AN ORDINANCE PROVIDING FOR THE REMOVAL OF ELM TREES INFECTED WITH DUTCH ELM DISEASE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: SECTION ONE: The Municipal Code of Mount Prospect of 1957, as amended, is hereby further amended by adding to Chapter 24 thereof, a new Article IX, the said new Article to be and read as follows: Article IX. Dutch Elm Disease. 24.901. Definitions. Whenever used in this Article IX of Chapter 24, the following words shall have the following fiefinitions: "Elm Bark Beetle" is the European Elm Bark Beetle known scientifically as Colytus Nultistriatus. "Diseased Tree" is a tree infected With Dutch Elm Disease. "Dutch Elm Disease" is a disease known scientif- ically as fungus Ceratostomelli ulmi, fungus Graphium ulmi, or Phloem Necrosis, and also commonly known as Elm blight. "Premises" is any lot or tract of land within the Village of Mount Prospect not owned by the said Village or dedicated for public use. "Tree" is any tree of the species Elm, Zelkova. and Planera. and which includes any portions thereof, the stumps thereof. and any wood piles consisting of portions of any such tree. 24.902. Dutch Elm Disease -- Nuisance. Any tree found to be infected w1th Dutch Elm disease. as determined by laboratory analysis. located on any premises in the Village shall hereby be declared to be a public nuisance and it shall be removed and burned within thirty (30) days following receipt of the notice for which provision is made herein. It shall be unlawful for any person.firm or corporation that owns any premises on which a diseased tree is located. to aliliow such tree to remain on any such premises after the expiration of thierty (30) days after receipt of notice pursuant to Section 24.905 hereof. I I I I I I II I I 24.903. Breeding Places of Elm Bark Beetles --Nuisance. Trees, or parts thereof, in a dead or dying condition, including stumps and wood in wood piles, that may serve as a breeding place or places of the Elm Bark Beetle are hereby declared to be pub- lic nuisances. It shall be unlawful for any person, firm or corporation that owns premises on which any such trees, parts thereof, stumps or wood piles, are located to permit the same to remain thereon after the expiration of thirty (30) days after receipt of a notice to remove the same pursuant to Section 24.905 hereof. 24.904. Enforcement and Inspection. The provi- sions of this ordinance shall be enforced by the Village Manager~ The Village Manager, or his duly authorized representative, is hereby authorized, after giving notice of his intent and purpose, to enter in or upon any premises in the Village, at all reasonable hours, for the purpose of inspecting such premises as he, or his duly authorized representative, has reasonable cause to believe may contain diseased trees or breeding places of the Elm Bark Beetle. The Village ManAger, or his duly authorized representative, may remove from such trees 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 a breeding place of the Elm Bark Beetle. It shall be unlawful for any person, firm or corporation to prevent the Village Manager, or his duly authorized representative, from entering upon such premises for the purpose of carrying out his duties hereunder or to interfere with the Village Manager, or his duly authorized representative, in the performance of his lawful duties under the provisions of this ordinance. I [I 24.905. Notice. If any tree growing on any premises in the Village is found to be infected with Sutch Elm disease, the Village Manager shall serve a notice upon the owner or occupant of the premises on which the said tree is growing to remove the said tree within 30 days. Such notice shall be served personally on, or sent by registered mail to, the person to whom was sent the tax bill for the general taxes for the last preceeding year on the property on which the said infected tree or trees are located. Such notice shall contain the following information: (1) The identity of the property, by common description; (2) The tree affected; (3) A notice that it is unlawful to permit such infected tree to remain on the property; (4) A request for the removal of the tree; (5) A notice that if the tree is not removed within 30 days, the Village will reMove the same and charge the cost thereof to the owner or occupant of the premises; and -2- I I i I I I I, II I I I I i II i I I I II 11 I, II 'I (6) A notice that if the cost and expense incurred in the removal of such infected tree is not paid, tbenwithin 60 days after the incurrence of such oost and expense a notice of lien on the real estate affected will be filed in the office of the Recorder of Deeds, or Registrar of Title, whichever is applicable, of Cook County, Illinois. 24.906. Abatement. If any person served with a notice to remove a diseased tree refuses or neglects to remove the said tree, within 30 days of the date that such notice is received, then the Village Manager, or his duly authorized representative, agents or con- tractors, may enter in or upon the premises where the said diseased tree is located and remove the said tree. The cost and expense of such removal shall be charged to and paid by the owner or occupant of the lot or premises. 24.907. Liens. If a diseased tree is removed by the Village, or by someone directed to remove the said tree on behalf of the Village, a notice of lien containing the cost and expense of removal incurred by the Village may be recoreed in the following manner: The Village, or the person or fi~ authorized by the v'illage to remove such tree 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 con- sist of a sworn statement setting out: (1) a descrip- tion of the real estate sufficient for identification thereof; (2) the amount of the cost and expense incurred or payable for the service; and (3) the date or dates when such cost or expense was incurred by the Village. Such notice shall be filed within 60 days after the cost and expense has been incurred. 24.908. Release of Lien. Upon payment of the cost aad expense by the owner or persons interested in the real estate affected, 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 herein provided for the filing of a notice of lien. 24.909. Penalty. Any person, firm or corpora- tion violating any provision of this Article shall be fined not less than $25.00, nor more than $200 for each offense, and a separate offense shall be deemed to have been committee on each day during or on which a diseased tree is permitted to remain after 30 days from receipt of not ice. :1 II II r , II I. I I I I I I I. il II SECTION TWO: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. -3- ii I, Ii II i I I I I PASSED AND APPROVED THIS 7th DAY OF DECEMBER, 1~5~ ,/-i I PUBLISHED IN THE MOUNT PROSPECT HERALD DECEHBER--16, 1965. - /' - /:' // I /Z~#/wl/~~t(,( I ( Village ~resident AYES: 6 NAYS: 0 ATTEST: ) . ~j~ Village Clerk I I I I I I I i I II I I II I I I I I II I I -4-