The following terms used in this article shall have the following
meanings for purposes of this article:
ALLEY
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.
INTERSECTION OF STREET LINES
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.
PARKWAY
That portion of the street right-of-way that is not utilized
for street, curb, shoulder or ditch purposes.
SIGHT TRIANGLE
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.
STREET or PUBLIC HIGHWAY
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.
STREET RIGHT-OF-WAY or PUBLIC HIGHWAY RIGHT-OF-WAY
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.
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.
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.
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.