[HISTORY: Adopted by the Village Board of the Village of Cedar Grove 12-11-2006 (§§ 8.01 to 8.07, 8.15 of the 2006 Code). Amendments noted where applicable.]
A. 
Created. There is hereby created a Tree Commission for the Village which shall be composed of the members of the Board of Trustees who constitute the Street Committee and the Superintendent of Public Works.
B. 
Authority. The Tree Commission shall, subject to the supervision and control of the Board of Trustees and except as herein provided, have jurisdiction, direction, authority, control and supervision over all trees planted and growing in and upon Village-owned property, that part of every street, the grade of which has been established lying between the lot line and the curb, and trees on any property which may in any way have an effect upon public property and upon the public welfare of the Village, and for the planting, care, maintenance, protection and removal thereof. The Commission shall have the authority to make such rules and regulations as it may deem applicable for carrying out the purpose of this section.
The following are hereby declared to be public nuisances wherever they may be found within the Village:
A. 
Dutch elm disease. Any living or standing elm tree or part thereof infected with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh.)
B. 
Dead elms. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying insecticide.
A tree standing in and upon any public street or place, or upon any lot or land adjacent thereto, and having branches projecting into the public street or place shall under the supervision of the Commission be kept trimmed by the owner of the property or in front of which such tree is growing so that the lowest branches projecting over the public street or alley will provide a clearance of not less than 14 feet, and over all other public places not less than 10 feet from the ground. This section shall not apply to newly planted trees, provided they do not interfere with persons upon the public street or place or obstruct the light or any street light. Any tree not trimmed as herein provided shall be deemed hazardous.
Any tree, or part thereof, which the Tree Commission upon examination finds to be infected or hazardous so as to be injurious or to endanger the public or injurious to sewers, curbs, sidewalks or other public improvements, whether growing upon public or private premises, shall be removed by the abutting property owner. If the owner fails to remedy the situation upon receipt of a fourteen-day written notice, either served personally or by publication by the Commission, the Village shall treat or remove such tree or part thereof. The Village employee shall keep a record of the labor and cost of treatment or removal of the tree or part thereof and report the same to the Village Clerk who shall thereupon enter the cost of such treatment or removal of the tree or part thereof and charge the same against the abutting property owner or owners and the costs thereof shall be entered as an assessment against the property. Any abutting property owner given a notice as heretofore provided may, by a written notice to the Commission, postpone the treatment or removal of the tree or part thereof by the Village and he shall have the right to appeal the order in the notice he received at the next regular session of the Board of Trustees. The determination of the Board of Trustees upon appeal of the order in the notice to the abutting property owner shall be final. No damages shall be awarded to any abutting property owner for the destruction of a tree or part thereof pursuant to this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person shall plant any tree upon any street lying between the lot line and the curbline without first securing a written permit from the Public Works representative, and such permit, if issued, shall be subject to the following conditions and restrictions:
A. 
No trees shall be planted on any Village street until the grade for such street has been established and cut or filled to the established grade.
B. 
No tree shall be planted on a street where the width of the terrace between the walk and the curbline is less than six feet.
C. 
No tree shall be planted nearer than 10 feet to an intersecting street line.
D. 
All trees shall be placed at least 30 feet apart on lots with a frontage of less than 70 feet and not less than 35 feet apart on all other lots.
E. 
All trees shall be placed four feet from the outside edge of the sidewalk on newly opened streets and not less than 3 1/2 feet on streets where trees already exist, but in no case closer than four feet from the established curbline, except that on terraces of less than eight feet in width trees shall be planted midway between the walk and curb.
F. 
The following named trees shall be the only types that may be planted in the streets and public alleys:
(1) 
Sugar, Norway and red maples.
(2) 
American, Moline, English elm.
(3) 
Pin, red and scarlet oak.
(4) 
White ash.
G. 
All of the foregoing named trees shall have a diameter of not less than 1 1/4 inches at a point six inches above the ground.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Upon failure of the owner or occupant of property to keep the trees trimmed to the proper height as set forth in § 207-3 within five days after service of notice requiring the trees to be trimmed, the Tree Commission shall proceed to have the trees trimmed to the proper height and the expense thereof be charged to the owner of the property.
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Municipal Code.