[Adopted as § 5.05 of the 1961 Code]
The preserving or maintaining of trees in proximity of publicly
owned storm sewer lines, sanitary sewer lines, water lines or water
hydrants within the Village, which trees cause damage, blockage or
interference with such lines or hydrants, is a nuisance and prohibited.
It is hereby made the duty of the Village Forester to give notice
to the owner or the agent of the owner of land in the Village whereon
there is a tree, which tree is, or is believed to be, through its
root system or otherwise, interfering with, blocking or damaging any
of the aforelisted public property. The owner shall then cause the
tree to be removed, or such damage, blockage or interference as is
occurring to be corrected, as soon as reasonably practical thereafter,
but in no event more than three months from the date of the notice.
In the event of noncompliance, the Forester shall refer the matter to the Village Attorney, who may cause the matter to be prosecuted as a civil forfeiture in the Municipal Court, subject to § 1-4 of this Code, in which case each day of continued violation shall be deemed a separate offense. Alternately, the Village Attorney may refer the matter to the Village Manager, who may cause the damage, blockage or interference to be corrected at Village expense, but shall thereafter treat the matter as a special assessment against the parcel of land upon which such tree is located, in like manner in which other special taxes are levied in the Village. Alternately, the Village shall have the right to seek abatement in the Circuit Court as a public nuisance, including any claim for monetary damages as may have resulted from such damage, blockage or interference. The remedies as set forth in this section shall be deemed alternative and cumulative, and pursuit of one remedy shall not be deemed a waiver of the Village's right to pursue another.
