The following terms used in this article shall have the following
meanings for purposes of this article:
Includes the entire width of the dedicated or otherwise acquired
alley and is not limited to that portion of the right-of-way actually
utilized for the alley surface, but includes the entire width of the
alley as so dedicated or otherwise acquired.
The Village of Oakwood, Illinois, Department of Public Works.
The total area between the right-of-way of both intersecting
streets and is not limited to the portion of the intersecting streets
used for street purposes.
That portion of the street right-of-way that is not utilized
for street, curb, shoulder or ditch purposes.
A triangular shaped portion of land at each street intersection
corner, established by measuring 40 feet along the right-of-way boundaries
at each intersection corner to create two sides and the third side
by drawing a line from the two end points.
The entire width of any dedicated or otherwise acquired public
street or highway right-of-way, including but not limited to the portion
actually used for street purposes, and including any portion thereof
used or occupied by the abutting property owners.
The entire width of any dedicated or otherwise acquired public
street or highway, including but not limited to the portion actually
used for street purposes, and including any portion thereof used or
occupied by the abutting property owners.
A.
The Department of Public Works shall have supervision over all trees,
shrubs and other plant life growing upon or overhanging any street,
highway, alley, park, parkway, public playground, sidewalk or any
public place with the Village, including the planting and removal
of any trees, shrubs and plants, as herein provided.
B.
The Department of Public Works shall superintend, regulate and encourage
the preservation, culture and planting of shade or ornamental trees,
plants and shrubbery in the parkways and in the parks and playgrounds
and other public places, consistent with the provisions of this article.
C.
The Department of Public Works shall determine and advise property
owners and occupants regarding the kind of trees, plants and shrubbery
and the method of planting best adapted to, or most desirable on particular
streets and places.
A.
It is unlawful to plant any tree or shrub or other plant in any street,
alley, park, parkway, public playground, sidewalk or other public
place without the written approval of the Department of Public Works,
which shall specify the type and site of the approved planting.
B.
Such tree planting shall be at least 40 feet from any other tree
standing in the street or parkway on the same side of the street.
C.
Any planting of any trees, plants or other shrubs shall be at least
four feet from any existing public sidewalk or, if no sidewalk is
in place, at least four feet from the boundaries of the projected
sidewalk line.
A.
All trees, shrubs and plants growing upon any street, alley, park,
parkway, playground or public place shall be trimmed or pruned in
such manner as to promote the life and growth thereof.
B.
All trees, shrubs and plants shall be trimmed so that the branches
thereof shall not obstruct the passage of light from any streetlight
in any street, alley, or highway in the Village to the adjacent street
or sidewalk.
C.
Branches of such trees which overhang any street, alley, or public
highway shall be trimmed so that there shall be a clear height, unobstructed
by branches, of at least 14 feet above the surface of the street,
alley, or highway.
D.
Branches of such trees which overhang any public sidewalk shall be
trimmed so there is a clear height, unobstructed by branches, of at
least eight feet above the surface of the sidewalk.
E.
Exception may be made by the Department of Public Works in the trimming
of young trees.
F.
All dead, broken or decayed limbs or branches that overhang such
street, alley highway or sidewalk shall be removed.
G.
All shrubs and plant life growing along any public sidewalk shall
be trimmed or cut back so that no part thereof shall overhang such
sidewalk.
A.
If the Department of Public Works determines that it is necessary or advisable to trim trees, shrubs or plants on public property to comply with the standards set forth in § 240-38 or for any other public health, safety and welfare reason, the department shall, unless the Director of the Department of Public Works in his or her absolute discretion determines that immediate trimming or other corrective action is necessary, furnish a written notice to the affected adjacent property owner. Such notice shall inform the owner of the trimming standards and requirements and shall further explain that if the owner satisfactorily effects such trimming with seven days of the notice, the Village will not affect any such trimming.
A.
It is the duty of each property owner to trim and maintain trees, shrubs and plants located on that owner's private property in a manner consistent with provisions of § 240-38 insofar as such trees, shrubs or plants overhang or impact the streets, sidewalks or other public property.
B.
If an owner does not so maintain his or her property, the Village
Superintendent of Public Works shall cause a written notice to be
furnished to the owner regarding that owner's maintenance obligation
and advising the owner if that maintenance obligation is not satisfied,
within seven days, that the Village will trim the trees, shrubs and
plants as necessary to comply with the provisions of this article
and that the cost thereof will be charged to that owner, and will
be a lien against that owner's property.
C.
If the owner does not adequately trim the trees and plants on his or her property as required by § 240-38, pursuant to the notice, the Public Works Department shall effect the trimming, and the cost thereof, including the labor for Village employees utilized, a reasonable cost for any Village equipment utilized, and the cost of any equipment or labor contracted for by the Village for the work, shall be the liability of the property owner, and if unpaid shall constitute a lien against the property.
If the cost of such trimming, provided in § 240-40, is not paid by the owner thereof within 30 days after written notice to the owner, the amount thereof shall be a lien against the property of the owner, which lien shall be enforceable by the Village as and in the case of foreclosure of other municipal liens against real property as authorized by Illinois law, including Illinois Compiled Statutes Chapter 65, § 11-20-7.
A.
B.
Removal of existing trees, shrubbery or plant life. Any tree, shrubbery
or plant life located within the intersection of any street lines
within the Village, and all shrubbery or plant life now and hereafter
growing in any parkway at a distance of less than 40 feet from the
intersection of the nearest street line, will be removed by the Department
of Public Works, if the owner of the abutting property fails to do
so after seven days' written notice to do so.
It is unlawful for any person, without written permission from
the Department of Public Works, to place or maintain upon the ground
in any street, park or parkway in the Village any stone, cement or
other material which shall impede free passage of water and air to
the roots of any tree, without leaving an open space of ground not
less than four feet in width all around the trunk of such tree. Wherever
there is no such open space about any existing tree in any street
or public highway in the Village, the Department of Public Works may
make open space or cause the same to be made, and charge the expense
thereof to the person so depositing such materials.
It is unlawful for any person to remove or destroy any tree,
plant, or shrub that is now or may hereafter be growing in any street,
alley, parkway, park playground or public place in the Village without
written permission from the Department of Public Works; provided,
however, that this section shall not prohibit removals, trimming,
or other action authorized or required by other provisions of this
article.
A.
No tree, or any portion thereof, shall be planted or maintained in the sight triangle, as defined in § 240-35.
B.
If any portion of any tree is in the sight triangle at the passage
of the ordinance codified in this article, it shall be removed by
the responsible property owner.
C.
No vegetation or shrubs shall be permitted to grow in the sight triangle
at a height in excess of 24 inches as measured from the street elevation.
D.
Any vegetation or shrubs in the sight triangle in excess of 24 inches
in height shall be cut or trimmed to a height of not more than 24
inches by the responsible property owner.
E.
The owner of real estate is responsible for such tree removal and
height control within the sight triangle.
F.
If any owner fails to remove any tree or to maintain his or her vegetation
or shrubs in the sight triangle, the Department of Public Works may
provide seven days' written notice to the owner of such violation
and of the required actions, and if the owner fails to properly remove
or trim and maintain trees, shrubs and plants in the sight triangle,
the Village will do so at the owner's expense.
G.
If the owner does not do so, then the Department of Public Works may enter upon the property and so remove any trees or trim the vegetation and shrubs in compliance with this article and the cost thereof, including the cost of labor, materials and contractor costs as earlier defined in § 240-40, shall be a lien upon the property and be enforceable by the Village as in the case of municipal liens as aforesaid.
It is unlawful for any owner of any property or any occupant
of any property to violate the terms of this article and the liability
of each owner and each occupant shall be joint and several.
Any property in violation of this article is declared to be a public nuisance and Village Department of Public Works may, if in its absolute discretion it determines that such condition creates an immediate hazard to the health and safety of the Village residents and others using the alleys, parks, parkways, public playgrounds, sidewalks or other public property of the Village affected by such nuisance, enter upon the properties where the violations exist and abate the nuisance by trimming the trees, plants and shrubs and/or removing said trees, plants or shrubs as the case may be. The cost of such action by the Village, as defined in § 240-40, shall be a lien against this property and may be enforced as provided herein.
