No person shall obstruct, encumber or impede any public right-of-way
in the Village.
For purposes of this article, the term "trees" shall include
parts of trees.
Trees located on private property or in the public right-of-way
abutting private property shall be maintained by abutting private
property owners on which the base of the tree shall be located. Any
damage resulting from the failure to maintain, or costs associated
with the maintenance or protection of, any such trees shall be the
responsibility of the private property owner on which any portion
of the base of the tree is located.
Notwithstanding the obligation of a private property owner to
maintain and/or protect trees located in the public right-of-way and
on private property, any tree which falls onto a public right-of-way
or is felled onto a public right-of-way, in a manner that obstructs,
encumbers or impedes vehicular or pedestrian traffic on the paved
portion of any public roadway, and which tree, prior to such falling
or felling, was located on private property or in the right-of-way
abutting private property, shall be removed in the manner provided
in this section. The Village may take such action as is determined
appropriate by the Village or a Village employee or contractor responsible
for the maintenance of the public roadways to remove the tree from
the public roadway. In performing such removal the Village may place
the remains of the tree on either the right-of-way in front of the
abutting private property, or on the abutting private property, on
which all, or a portion of, the tree was located prior to its falling
down or being felled. In such instance, the private property owner
shall remain responsible for such removal, and upon the Village providing
written notice of such Village action to the property owner, by regular
mail, the property owner shall have 10 days to remove the remains
of the tree. In addition, except where the retention of any remaining
portion of the tree constitutes a potential hazard, as determined
by the Building Department, with notice of such hazard provided in
writing to the property owner, the property owner shall remove any
remaining portion of the tree, including any stumps and exposed roots,
within 30 days of notice to do so from the Village. If the Building
Department determines that retention of any portion of the tree that
neither fell nor was felled onto the public roadway constitutes a
potential safety hazard, the Building Department shall so notify the
property owner in writing, and the owner shall take such action as
directed by the Building Department.
Failure to comply with any order or direction of the Village
or the Village Building Department shall constitute a violation of
this article, and be subject to penalties as provided in the Village
Code.
Any fees or costs incurred by the Village relating to the enforcement
of any private property owner obligation created by this article,
including enforcement of any directive or order of the Village, shall
be the responsibility of the property owner. A private property owner
shall reimburse the Village within 30 days after written notice of
such fees or costs is provided to the property owner by the Village
Clerk. If such reimbursement is not made within 30 days after demand,
the amount so unpaid shall be included as an additional assessment
against the property in the same manner as taxes due the Village,
in the manner provided by law.