[Adopted 4-5-1976 by L.L. No. 1-1976 as
Art. 14 of the 1976 Municipal Code]
It shall be the duty of each owner and occupant
of the land situated along any street, public or private, appearing
on the Official Map of the Village to trim or remove the trees, branches
or limbs, which are located in front of such land and in, on, along
or near such street, which overhang such streets and create a hazard
in street maintenance or the movement of traffic.
The Board of Trustees may, by resolution, designate
the trees to be removed or trimmed and, if trimmed, the manner and
extent of such trimming and, upon default, may cause such trees to
be trimmed or removed and assess the expense thereof upon the adjoining
land.
A certified copy of said resolution shall be
served on the owner or occupant of such land, either personally or
by mail, together with a notice that, if the trees are not so removed
or trimmed within a period therein specified not less than 10 days
from the service of said notice, the Board will meet at a time and
place specified in said notice to authorize an expenditure for such
removal or trimming and to make an assessment therefor upon such land.
The Board of Trustees shall meet at the time
and place specified and shall then and there hear and determine all
objections that are made to such assessment, including the amount
thereof, and shall assess upon the land the amount which it may deem
just and reasonable, not exceeding, in the case of default, the amount
stated in the notice.
If the amount so assessed is not paid within
15 days after such assessment, an action to recover the amount may
be maintained by the Village against the owner or occupant liable
therefor or a special warrant may be issued by the Board of Trustees
for the collection of such assessment or the amount thereof may be
included in the next annual tax levy.
[Adopted 10-6-2008 by L.L. No. 1-2008]
As used in this article, the following terms
shall have the meanings indicated:
APPLICANT
The owner, contract vendee or lessee of real property or
their duly authorized agent seeking a permit to substantially alter,
destroy or remove trees, shrubs and associated vegetation pursuant
to the provisions of this article.
DESTROY
Includes, without limitation, poisoning; ringing the tree;
excessive peeling of bark; damaging, compacting or overburdening the
roots; using herbicides or fire; or excessive pruning or cutting in
such manner as to bring about the ultimate death of such tree, shrubs
and associated vegetation.
EMERGENCY
An imminent threat of death, personal injury, or severe and
substantial damage to property.
LARGE TREE
A woody perennial plant, being either deciduous or evergreen,
its root system and environment within the area defined as the outermost
limit of its branches, which is seven inches or more by caliper or
22 inches in circumference measured at any point between the ground
and a height of three feet above the ground.
PERSON
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind
and its successor or agent thereof.
SMALL TREE
A woody perennial plant, being either deciduous or evergreen,
its system and environment within the area defined as the outermost
limit of its branches, which is less than seven inches by caliper
or 22 inches in circumference measured at any paint between the ground
and a height of three feet above the ground.
SUBSTANTIALLY ALTER
Any cutting or pruning in excess of that necessary to preserve
the health of the plant material or maintain its ornamental quality.
TREE
Any large tree or small tree.
VILLAGE
The Incorporated Village of Centre Island.
This article shall be administered by the Board
of Trustees.
A. The Board of Trustees may adopt rules and regulations
for efficiently discharging its responsibility under this article
and may create subcommittees or designate individual members to act
on its behalf.
B. The Board of Trustees, in making a determination concerning
removal of trees or other protected vegetation, may obtain the services
of a professional arborist regarding the advisability of removal.
The cost of such professional evaluation shall, in all cases, be bone
by the applicant.