[HISTORY: Adopted by the Board of Trustees of the Village
of Munsey Park 11-10-2010 by L.L. No. 2-2010; amended in its entirety 9-11-2013 by L.L. No.
6-2013. Amendments noted where applicable.]
A.
In the interest of the public health, safety and general welfare
of its residents, the Board of Trustees has deemed it necessary to
regulate and license businesses performing tree removal, cutting,
or tree trimming services in the Incorporated Village of Munsey Park.
B.
The objective of this chapter is to establish licensing procedures and promulgate regulations and standards applicable to the removal, cutting or trimming of trees in the Incorporated Village of Munsey Park as shall be deemed necessary by the Board of Trustees to carry out the provisions of Chapter 172 for the benefit of the public good.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or business which operates, conducts, or supervises
a business which removes, prunes, cuts or trims trees as part or all
of its services.
The Board of Trustees of the Incorporated Village of Munsey
Park.
The committee of three persons appointed by the Board of Trustees to carry out the duties of the Tree Committee as set forth in Chapter 172 of the Village Code.
A vehicle designed, built, or used for the purpose of removal,
cutting or trimming of trees.
A.
All arborists doing business in the Incorporated Village of Munsey
Park shall be licensed by the Incorporated Village of Munsey Park.
It shall be a violation of this chapter for any arborist to operate,
engage in, conduct or supervise such services on any property in the
Incorporated Village of Munsey Park without having a current, valid
license issued pursuant to this chapter, together with such other
municipal permits as may be required by law.
B.
It shall be a violation of this chapter for any arborist to fail
to abide by the Village Code or any rules and regulations adopted
by the Board of Trustees in furtherance of this chapter.
A.
Application required. Every arborist intending to do business within
the Incorporated Village of Munsey Park shall file a written, verified
application with the Village Clerk on the forms provided.
B.
Application form. The application shall contain:
A.
Before a license may be issued or renewed by the Village Clerk, each
applicant shall file with the Village Clerk certificates of insurance
coverage demonstrating that the following insurance coverage is in
full force and effect during the term of the license:
B.
The Incorporated Village of Munsey Park shall be named as an additional
insured.
C.
The Board of Trustees may, by resolution, require minimum liability
limits.
A.
An application filed and approved in accordance with this chapter
shall be deemed a license.
B.
Every license issued shall be effective the first day of January,
or such subsequent day of issuance, and shall expire on the 31st day
of December next succeeding, unless suspended or revoked by the Incorporated
Village of Munsey Park.
C.
A license may be renewed upon filing a renewal application with the
Village Clerk together with payment of the appropriate renewal fee;
provided, however, that the applicant is in full compliance with all
rules, regulations and provisions of this chapter.
D.
Fees for a license shall be established from time to time by resolution
of the Village Board of Trustees.
A license shall be issued by the Village Clerk within five days
after submission of a completed application by marking the application
"approved" together with the date of such approval and the signature
of the Village Clerk. A license shall not be issued to an applicant
by the Village Clerk unless the applicant has complied with all terms
and conditions of this chapter and all rules and regulations adopted
by the Board of Trustees.
A.
The Village Clerk may deny or revoke a license for the following
grounds:
B.
Upon revocation or the expiration of a license, any license issued
hereunder shall be surrendered to the Village Clerk.
Every licensee shall keep complete and accurate books showing
what business the licensee is conducting within the jurisdictional
boundary of the Incorporated Village of Munsey Park. All such records
shall be retained by the licensee for at least three years.
The license or a photocopy and the permit or a photocopy shall
be prominently displayed on any vehicle used while performing work
in the Incorporated Village of Munsey Park.
Upon the sale, dissolution, suspension or discontinuance, whether
voluntary or involuntary, of the business of a licensee, it shall
be the duty of the licensee to notify the Village Clerk and surrender
the license to the Clerk.
The holder of any license which has been revoked, and any applicant
who shall have been denied a license under this chapter, may petition
the Board of Trustees for review of the determination as follows:
A.
The petition for review shall be in writing, signed and acknowledged
by the applicant or licensee, and shall state the ground or grounds
on which the petitioner claims that the determination was improper
or illegal.
B.
The petition shall be filed with the Village Clerk within 20 days
after notification of denial or revocation has been mailed to him/her
by certified mail.
A.
A hearing shall be held on the date, place and hour designated by
the Mayor.
B.
The Mayor shall designate two or more members of the Village Board
of Trustees to conduct said hearing as a Review Board.
C.
The Village Clerk shall give notice, stating the name and address
of the petitioner, the subject matter of the hearing and the date,
place and hour designated, by mailing a copy to the petitioner at
the address shown upon the most recent application at least 10 days
prior to said hearing.
D.
At the hearing, the Review Board shall consider the petition, the
Village Clerk's reasons for denial or revocation of the license
and, in its discretion, any new or additional evidence in support
of, or in opposition to, the petition or Clerk's actions.
E.
The Review Board, after public hearing, shall have the authority
to affirm, reverse or modify the actions of the Village Clerk, including
the authority to impose reasonable conditions for the issuance of
any permit.
F.
Within 14 days after the hearing, the Review Board shall submit its
determination to the applicant and the full Board of Trustees.
The Board of Trustees may promulgate rules, regulations and
standards to ensure the quality, efficiency and effectiveness of the
enforcement, interpretation, and implementation of this chapter.
It shall be unlawful for any arborist to remove, cut, trim or alter any tree in the Incorporated Village of Munsey Park without obtaining a license as required by Chapter 173 of the Code. In addition to any other penalty permitted by law, any such violations shall be punishable by a fine of not more than $1,000 for each occurrence. For the purposes of this chapter, each tree removed, cut, trimmed or altered shall be a separate occurrence.
Notwithstanding the payment of any license fee or the issuance
of any license by the Incorporated Village of Munsey Park, the Incorporated
Village of Munsey Park, including its agents and employees, shall
be under no obligation whatsoever concerning the adequacy, operation,
or maintenance of such business or of its service to the Incorporated
Village of Munsey Park residents, nor does the Incorporated Village
of Munsey Park assume any liability whatsoever for the actions of
any licensed business.
