As used in this article, the following terms shall have the
meanings indicated:
The full width and area of the street right-of-way between
the property lines of premises adjoining said streets.
A.
No trees, shrubs or hedges shall be planted within the sidewalk area
in front of or adjacent to any private premises.
B.
The Village may, in its own discretion and with the written consent
of the owner of premises abutting the public right-of-way, enter upon
such abutting premises to plant suitable trees. Such trees shall thereafter
be maintained by the owner of the abutting premises.
C.
In case of existing trees, shrubs or hedges located within the sidewalk
area, the Village shall be responsible for their maintenance.
It shall be the duty of every owner, tenant or other occupant
of any house or structure, and every owner or person entitled to possession
of any vacant lot, to keep trees, shrubs and hedges on their property
trimmed so that overhanging limbs will not interfere with passersby
on the sidewalk or roadway, such limbs to be kept trimmed at all times
to allow a passage of space of not less than eight feet above center
of the sidewalk and not less than 13 feet above the roadway measured
at a point five feet from the curbline. It shall be the duty of every
owner, tenant or other occupant of any house or structure, and every
owner or person entitled to possession of any vacant lot, to repair
any sidewalk or curb in front of or adjacent to such premises damaged
by roots of a tree, shrub or hedge on the said premises.
No person shall in any way cut, injure, destroy or remove any
shade or ornamental tree within the sidewalk area without first securing
the written approval of the Superintendent of Public Works of the
Village.
A.
No person or persons, firm, association or corporation shall plant
any poplar trees of any type, willow trees or trees known as swamp
maple trees on any street or within 25 feet of any municipal water
conduit, sewer main or storm drain.
B.
It shall be the duty of the Superintendent of Public Works of the
Village to cause any poplar trees, willow trees or swamp maple trees
now growing in any street in the Village which are causing any damage
to any municipal water conduit, sewer main or storm drain belonging
to the Village to be forthwith removed; and it shall be the duty of
the owner of the property to cause to be removed any poplar trees,
willow trees or swamp maple trees growing on his property within 25
feet of a municipal water conduit, sewer main or storm drain and which
are causing any damage to any such water conduit, sewer main or storm
drain within 10 days after written notice by mail to remove is given
to the owner of the property on which such tree is or trees are located.
No person or persons, firm, association or corporation shall
suffer or permit any fence, hedge, ornamental planting, bush or other
plant or shrub to be erected or to grow on any corner property owned
or occupied by him or them in the Village, in the area formed by the
intersection of two streets, roads or avenues, to a greater height
than two feet above the street level on any portion of said property
within a radius of 50 feet when measured from the corner of the property
formed by the intersection of the curbline of the two streets.
A.
Any person who has been notified by the Village that the trees, hedges
or shrubs on his premises are in violation hereof and shall fail to
correct the condition within 10 days of the giving of such notice
to his last known address by mail shall be in violation of this article,
and in addition to the penalties otherwise enforceable, the Village
may thereafter so trim or remove offending trees, shrubs and hedges
as to correct the prohibited conditions and assess the cost thereof
against the owners of the adjacent property. Such costs, if not paid,
shall be assessable and collected against the property as a tax thereon.
Any person aggrieved by a determination of the officials or
employees of the Village of Walden in the enforcement and administration
of this article shall have the opportunity, within seven days after
notice of the determination, order or notice, to file with the Village
Clerk a written request for review by the Board of Trustees. Such
request shall state the party's name, address, premises in question,
determination being reviewed, sections of the article involved, relief
requested and reason therefor. The request shall be presented at the
next Board of Trustees' meeting, at which the party aggrieved, in
person or by duly authorized representative, shall be given the opportunity
to be heard. The Board of Trustees shall have the power to affirm,
modify or overrule the determination which is the subject of the appeal
and shall render its decision not later than its next regular meeting.
