[Ord. No. 216 § 1, 9-12-1981]
This Chapter shall be known and may be cited as the "Street Tree Regulations of the Village of Uplands Park".
[Ord. No. 216 § 2, 9-12-1981]
For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
STREET COMMISSIONER
The Street Commissioner of the Village of Uplands Park.
STREET TREE OR TREE
A tree in a public place, except where otherwise indicated.
VILLAGE
The Village of Uplands Park.
[Ord. No. 216 § 3, 9-12-1981]
The authority and duties set out herein for the Street Commissioner shall be in addition to those set out in ordinances previously enacted.
[Ord. No. 216 § 4, 9-12-1981]
A. 
The Street Commissioner shall have exclusive jurisdiction and supervision over all trees, other plants, and grassy areas planted or growing in public places.
1. 
Preserve Or Remove. The Street Commissioner shall have the authority to plant and direct the trimming and removal of trees and other plants and grassy areas in public places to insure safety or preserve the symmetry and beauty of such public places.
2. 
Order To Preserve Or Remove. The Street Commissioner shall have the authority and it shall be his/her duty to order the trimming, preservation or removal of trees or plants upon private property or in public places when he/she shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places.
3. 
Supervision. The Street Commissioner shall have the authority and it shall be his/her duty to supervise all work done under a permit issued in accordance with the terms of this Chapter.
4. 
Issue Conditional Permit. The Street Commissioner shall have the authority to affix reasonable conditions to the grant of a permit hereunder.
[Ord. No. 216 § 5, 9-12-1981]
A. 
Preserve Or Remove. No person shall trim, spray, preserve or remove trees, other plants and grassy areas in public places without first filing an application and procuring a permit from the Street Commissioner.
1. 
Application Data. The application required herein shall state the number and kind of trees to be trimmed, sprayed, preserved or removed; the kind of treatment to be administered; the kind and condition of nearest trees upon the adjoining property; and such other information as the Street Commissioner shall find reasonably necessary to a fair determination of whether a permit should issue hereunder.
2. 
Standards For Issuance. The Street Commissioner shall issue the permit provided for herein when he/she finds that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory.
B. 
Plant. No person shall plant or set out any tree or plant in a public place without first filing an application and procuring a permit from the Street Commissioner.
1. 
Application Date. The application required herein shall state the number of trees or plants to be planted or set out; the location, grade and variety of each tree or plant; the method of planting, including the supplying of suitable soil; and such other information as the Street Commissioner shall find reasonably necessary to a fair determination of whether a permit should issue hereunder.
2. 
Standards For Issuance. The Street Commissioner shall issue the permit provided for herein when he/she finds that the proposed plantings conform as to species and location to the Street Tree Plan, as prescribed by the Street Commissioner.
3. 
Regulations For Planting In A Public Place. Work done under a permit issued hereunder shall be performed in strict accordance with the terms thereof and with the following regulations established for the planting, trimming and care of trees in public places:
a. 
No tree shall be placed so as, in the opinion of the Street Commissioner, to cause a traffic hazard.
b. 
In felling trees, the same must be removed with the root stump grubbed out when so required by the Street Commissioner.
c. 
No tree shall be planted nearer than one (1) foot from the curb line or outer line of the sidewalk unless a special permit is granted by the Street Commissioner.
d. 
No tree shall be planted on any street except of the variety selected by the Street Commissioner for that street.
[Ord. No. 216 § 6, 9-12-1981]
A. 
It shall be the duty of any person growing a tree within a public highway or responsible for trees growing on property abutting on public places supporting trees or plants:
1. 
Trim. To trim his/her trees so as not to cause a hazard to public places or interfere with the proper lighting of public highways by the street lights, and so that the minimum clearance of any overhanging portion thereof shall be nine (9) feet.
2. 
Treat Or Remove. To treat or remove any tree or plant so diseased or insect-ridden as to constitute a hazard to trees or plants in public places.
[Ord. No. 216 § 7, 9-12-1981]
A. 
When the Street Commissioner shall find it necessary to order the trimming, preservation or removal of trees or plants upon private property as authorized in Section 525.040(2) herein he/she shall serve a written order to correct the condition upon the owner, operator, occupant or other person responsible for its existence.
1. 
Method Of Service. The order required herein shall be served in one (1) of the following ways:
a. 
By making personal delivery of the order to the person responsible.
b. 
By leaving the order with some person of suitable age and discretion upon the premises.
c. 
By affixing a copy of the order to the door at the entrance of the premises in violation.
d. 
By mailing a copy of the order to last known address of the owner of the premises, by certified or registered mail.
e. 
By publishing a copy of the order in a local paper once a week, for three (3) successive weeks.
2. 
Time For Compliance. The order required herein shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or public property, the Street Commissioner shall have the authority to require compliance immediately upon service of the order.
3. 
Appeal From Order. A person to whom an order hereunder is directed shall have the right, within twenty-four (24) hours of the service of such order, to appeal to the Chairman of the Board of Trustees, who shall review such order within ten (10) days and file his/her decision thereon. Unless the order is revoked or modified it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within twenty (20) days after an appeal shall have been determined.
4. 
Failure To Comply. When a person to whom an order is directed shall fail to comply within the specified time, the Street Commissioner shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person to whom the order is directed. The person remedying a condition under a contract made hereunder shall be authorized to enter premises for that purpose.
5. 
Special Assessment. If the cost of remedying a condition is not paid within thirty (30) days after receipt of a statement therefor from the Street Commissioner such cost shall be levied against the property upon which said hazard exists, as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as herein provided. Such special assessment shall be certified by the Street Commissioner to the Village Treasurer and shall thereupon become and be a lien upon such property, shall be included in the next tax bill rendered to the owner or owners thereof unless paid before, and shall be collected in the same manner as other taxes against such property.
[Ord. No. 216 § 8, 9-12-1981]
A. 
No person shall upon public property:
1. 
Damage, cut, carve, transplant or remove any tree or plant or injure the bark;
2. 
Pick the flowers or seeds of any tree or plant;
3. 
Attach any rope, wire, or other contrivance to any tree or plant;
4. 
Dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area;
5. 
Cause or permit any wire charged with electricity to come in contact with any tree or plant or allow any gaseous, liquid, or solid substance which is harmful to such trees or plants to come in contact with them.