HomeMy WebLinkAboutOrd 5260 06/18/2002ORDINANCE NO. 5260
AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 9
OF THE MOUNT PROSPECT VILLAGE CODE
Passed and approved by
the President and Board of Trustees
the 18th day of June, 2002
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
19th day of June, 2002
SC
ORDINANCE NO. 5260
AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 9
OF THE MOUNT PROSPECT VILLAGE CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Section 9.705 entitled "Definitions" of Chapter 9 of the Village Code of
Mount Prospect, as amended, is hereby further amended by adding the following:
"TRUNK COLUMN: An imaginary column which includes, and is the same diameter as,
the trunk ora tree at its widest point before the Root Collar begins."
SECTION TWO: That Section 9.705 entitled "Definitions" of Chapter 9 of the Village Code of
Mount Prospect, as amended, is hereby further amended by deleting definitions of the following:
1. BOUNDARY TREE
2. PRIVATE TREE
3. PUBLIC TREE
4. ROOT COLLAR
and inserting new definitions as follows:
"BOUNDARY TREE: A tree that has any portion of its trunk column located on a property
line between private property and public property or right-of-way.
PRIVATE TREE: A tree that has its trunk column located entirely on private property,
along with any Boundary Tree that becomes a Private Tree by agreement of the Village and
private property owner.
PUBLIC TREE: A tree that has its trunk column located entirely on public property, along
with any boundary tree that becomes, or remains, a Public Tree pursuant to Section 9.707 of
this Code.
ROOT COLLAR: The part of a tree or shrub, usually at or near ground level, where the
roots and Trunk Column meet. The beginning of the Root Collar is usually identifiable as a
marked swelling at the base of the Trunk Column. The Root Collar may also be referred as
the "root flare."
SECTION THREE: That Article VII entitled "Trees and Shrubs" of Chapter 9 of the Village Code
as amended, is hereby further amended by inserting new Section 9.707 as follows, and renumbering
the existing Sections 9.707, 9.708, 9.709, 9.710, 9.711, 9.712, 9.713, 9.714, 9.715, 9.716, 9.717, and
9.718 accordingly:
"9.707 POLICY TO TAKE OVER SOLE OWNERSHIP OF BOUNDARY TREES AS
PUBLIC TREES.
Although Boundary Trees generally are, by operation of law, co-owned by the Village and
the private property owner abutting the public property or right-of-way, it shall be the
Village's policy to take over, wherever possible, sole ownership and control of all Boundary
Trees. Such policy shall be effectuated as follows:
A) Where the Village plants a tree solely on public property or right-of-way, all
abutting private property owners are hereby put on notice that it is the Village's
intent that all such trees remain the exclusive property of the Village, even
should such tree grow in such a way as to become a Boundary Tree.
(B) In all other cases of Boundary Trees discovered by the Village, the
Forestry/Grounds Superintendent shall send notices by certified and first-class
mail to the abutting private property's: (1) current resident; and (2) owner,
according to Village records, which notices shall state that it is the Village's
intention to take over sole ownership and responsibility of said Boundary Tree,
and that the owner has sixty (60) days to object to such intention. If no objection
is made by the private property owner within the 60-day period specified by the
notice, the tree shall be presumed to be the sole property and responsibility of the
Village and entered as such into the Village's tree inventory. If the abutting
property owner objects to the Village's intention in writing within 60 days of
date of the Village's notice, said Boundary Tree shall, unless otherwise agreed to
by the Village and the private property owner, remain the joint property of the
private property owner and the Village as provided by law. As such, the Village
will retain and assert its full fights to prone such tree as relates to the need to
keep public property and right-of-way unobstructed and safe. If the property
owner objects to the Village's intention to take ownership of a Boundary Tree,
the Village may enter an agreement with the private property owner that such
Boundary Tree shall be the sole property and legal responsibility of the private
property owner. Any such Agreement entered into by the Village shall be
recorded with the Cook County Recorder's Office and shall run with the land.
(C) Nothing contained in this Section of the Village Code is intended to in any way
curtail or limit the Village's rights under Chapter Nine, Article Seven of the
Village Code (Potentially Hazardous Trees and Shrubs).'
SECTION FOUR: This Ordinance shall be in full force and effect from and aRer its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES:
Lohrstorfer, Skowron, Wilks, Zadel
NAYS: None
ABSENT: Corcoran, Hoefert
PASSED and APPROVED this 18th day of June 2002.
ATTES~FF'. ~.
Velrna/W. Lowe
Village Clerk
Gerald L. Farley
Village President
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