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HomeMy WebLinkAboutOrd 513 09/04/1956 ORDINANCE NO. 5/3 AN ORDINANCE to provide for the control of Dutch Elm disease and to declare trees infected therewith or which may be a breeding place for the European Elm bark beetle a public nuisance. Be it ordained by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois: SECTION 1. All species and varieties of elm trees (trees of the genus Ulmus) infected with the fungus known as the Dutch Elm Disease (Certostomella Ulmi) as determined by laboratory analysis by the Section of Applied Botany and Plant Pathology, Illinois Natural History Survey, Urbana, Illinois, are hereby declared to be a public nuisance. SECTION 2. All species and varieties of elm trees that are dead or substantially dead and all dead elmwood to which the bark is still attached, which, because of their condition, may serve as a breeding place for the European Elm Bark Beetle (Scolytus Multisriatus), are hereby declared to be public nuisances. SECTION 3. It shall be unlawful for any owner of any lot or land in the Village of Mount Prospect, Cook County, Illinois, to permit or maintain on any such lot or land, any elm tree or dead elmwood which, as provided in Section 1 or 2 of this Ordinance, is a public nuisance, and it shall be the duty of any such owner promptly to remove and burn any such elm tree or dead elmwood under the supervision and direction of the Village Manager of the Village of Mount Prospect or his duly authorized representative. SECTION 4. In order to carry out the purposes of this Ordinance and to implement the enforcement thereof, the Village Manager, or his duly authorized representative, is hereby authorized and empowered to enter upon any lot or land in the Village of Mount Prospect at all reasonable hours for the - 1 - purpose of inspecting any elm trees or dead elmwood situated thereon and the Village Manager or his duly authorized repre- sentative may remove such specimens from any such tree as are required for the purposes of the laboratory analysis referred to in Section 1 of this Ordinance or to determine whether such tree because it is dead or substantially dead, may serve as a breeding place for the European Elm Bark Beetle. It shall be unlawful for any person, firm or corporation to take any action to prevent the Village Manager or his duly authorized represen- tative from entering on any lot or land in the Village of Mount Prospect for the purpose of such inspection, or to inter- fere with the Village Manager or such representative in the performance of any of his duties provided for under the pro- visions of this Ordinance. SECTION 5. If on laboratory analysis of specimens removed from any elm tree by the Village Manager it is determined that such tree is a public nuisance as provided by Section 1 of this Ordinance, or if the Village Manager determines that any dead or substantially dead elm trees, or dead elmwood is a public nuisance as provided by Section 2 of this Ordinance, the Village Manager shall serve or cause to be served upon the person firm or corporation that is owner of the lot or land on which such tree, or dead elmwood is located a written notice requiring such owner to comply with the provisions of this Ordinance. If the person, firm or corporation upon whom such notice is served fails, neglects or refuses to remove and destroy by burning such elm tree or dead elmwood within ten days after service of such notice, the Village Manager or his duly authorized repre- sentative may proceed to remove and burn such tree or dead elm- wood and assess the cost thereof against the owner of such lot or land, and the amount of such cost shall be paid by such owner to the Village of Mount Prospect. 2 SECTION 6. Service of notice provided for in Section 5 of this Ordinance shall be by personal service if the owner of the lot or land on which an infected elm tree, as aforesaid, is located is a resident of the Village of Mount Prospect. If such owner cannot be found in the Village of Mount Prospect, or is a non-resident of said Village, written notice shall be served by registered mail, addressed to said owner at his last known address and by publication at least one time in a newspaper of general circulation in the Village of Mount Prospect. SECTION 7. If the Village removes from any lot or land in the Village of Mount Prospect pursuant to this Ordinance, any infected elm tree which is a public nuisance as provided by Section 1 of this Ordinance, or any dead or substantially dead elm tree or dead elmwood which is a public nuisance as provided by Section 2 of this Ordinance, the assessment of the cost of the work done by the Village against the owner of the lot or land involved shall be in addition to the penalties imposed herein for any violation or non-compliance with any provision of this Ordinance. = SECTION 8. Any elm tree or dead elmwood on property owned by the Village of Mount Prospect which is a public nuisance as provided by Section 1 or Section 2 of this Ordinance shall promptly be removed and burned under the supervision of the Village Manager or his representative at the expense of said Village. SECTION 9. Any person, firm or corporation violating any of the provisions of this Ordinance by failing, neglecting or refusing to comply with the provisions of any notice herein provided for, within ten days after the service thereof, or who shall resist or obstruct the Village Manager or his duly author- ized representative in carrying out the provisions of this 3 Ordinance, shall, upon conviction, be liable and be fined not less than $5.00 nor more than $200.00 for each offense. Each day during which a violation of this Ordinance continues or is permitted shall be considered a separate and distinct. offense. SECTION 10. If any section, paragraph, sentence or clause of this Ordinance is declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 11. That this ordinance shall be in full force and effect from and after its passage, approval and publica- tion according to law. PASSED: this $ day of ..~~ ~~~ , 1956. APPROVED: thi s ~;:5 day of J~~/)rU~ , 1956. f::'?f. ~ G-' , > . ~ ~ 'j "_I I ", ' ,. . / Y\tL . till/I.., - ' ..' President ATTEST: PUBLISHED in the MOUNT~OSPECT HERALD the I;? day ot: ~ ,1956. 4