A. 
Special use and benefit of the berm area accrue to the adjoining property owner. Thus the adjoining property owner shall be responsible for routine upkeep, repairs and groundskeeping.
B. 
If at any time the Village shall find that any shrub, planting or landscaping feature located on the berm constitutes danger to a street or to persons or vehicles thereon or impairs the line of sight of any vehicle or pedestrian moving on a street, it shall be removed or trimmed by the owner upon request from the Village.
C. 
Notwithstanding the primary obligation of the property owner with respect to maintenance of the berm area, the Village reserves the exclusive right, though not the obligation, to:
(1) 
Construct on or otherwise modify the berm; and
(2) 
Plant, trim and/or remove trees and vegetation; and
(3) 
Remove any structure located within a berm if necessary to complete a public improvement made by the Village.
With respect to Village trees located on the berm, compliance with Chapter 153, Trees of this Code shall be required.
A. 
If at any time the Village shall find that any tree or planting located on private real property constitutes danger to a street or to persons or vehicles thereon or to public places, it shall be removed or trimmed by the owner of the real property within 14 days after receipt of written notice from the Village. In the event that the property owner fails to remove or trim such tree or shrub within said time, the Village may then remove or trim such tree or shrub and assess the cost thereof against the property owner.
B. 
Nothing herein shall limit the authority of the Village to remove or alter any tree or shrub it deems necessary to protect the health, safety and welfare of the Village residents.
A. 
No person shall construct any structure, including fences, walls, lightposts or gate piers within a berm or on any other Village owned property.
B. 
The Village may grant permission for the construction of a retaining wall within a berm after a public hearing in accordance with Article 6 of the Village Law as it may be amended from time to time, and upon a finding by the Board that the retaining wall is necessary for the protection or support of adjacent private property and that the construction and maintenance of such retaining wall will not cause a public nuisance. Retaining walls located within a berm shall be maintained and repaired at the sole cost and expense of the adjoining property owner.
C. 
Existing structures located within a berm which were constructed prior to the adoption date of this chapter shall be permitted to remain so long as the Board of Trustees determines that no public nuisance is found to exist. Such structures shall be maintained and repaired at the sole cost and expense of the adjoining property owner, but may not be extended, enlarged or replaced in kind.
D. 
If at any time the Board of Trustees shall find a structure to be a public nuisance, it shall be removed at the sole cost and expense of the adjoining property owner. If after being given written notice to remove the structure which has been declared to be a public nuisance, the adjacent property owner does not or will not comply, then the Village shall have the right to remove such structure, the cost of which shall be borne by the adjacent property owner and, if not paid within 30 days, shall be made a lien against the premises collectible with the next tax levy of the Village.