In the event of an emergency, all necessary and proper action may be taken with regard to the removal of trees by a resident to ensure the safeguarding of persons and property. In this event, there shall be no fee charged for the removal of any tree subject to the provisions of §
161-502 or Article
VII herein, but the replacement provisions set forth in §
161-702 shall still apply. The burden shall be on the resident to demonstrate to the Building Department that an emergency existed, that appropriate, measured and necessary action was taken and that professional and expert services were utilized. Failure to show an emergency existed and that fair, necessary and appropriate action was taken will subject the action taken to any applicable requirements in the Village Code. In determining whether an emergency exists, in addition to the general considerations set forth in this section, the Board of Trustees may adopt, from time to time, guidelines applicable for determination as to whether the removal of a tree constitutes an emergency.
[Amended 3-7-2019 by L.L.
No. 1-2019]
Any tree growing on private property which, in the opinion of the Superintendent of Buildings, is endangering or constitutes a danger to a public street or public places or the members of the public using the same, or which in any way endangers the usefulness of a public utility or sewer, or which, by reason of infestation or blight, endangers other trees in the Village, shall be removed or the habitat thereof altered by the owner of the real property as directed in writing by the Superintendent of Buildings. If the property owner fails to comply with the written directive of the Superintendent of Buildings within the time specified by the Superintendent of Buildings, the Village may then take the action directed by the Superintendent of Buildings and assess the cost thereof against the property owner. Such assessed costs shall be a lien against the real property and shall be collected by the Village in the same manner as a real estate tax or assessment. The directive from the Superintendent of Buildings shall clearly state the source of the danger, the action to be taken, and the date by which such action must be taken and shall be served on the owner of the real property personally or by certified or registered mail, addressed to said owner at the last known address for said owner on the tax records of the Village. If served by mail, the notice shall be deemed received three days after the notice is deposited in a depository maintained by the United States Postal Service. Any such tree shall not be subject to the requirements of §
161-702 of this article.