[HISTORY: Adopted by the Village Board of the Village of
Footville Ord. No. 81 (Ch. 5, § 5.10,
of the 1990 Code). Amendments noted where applicable.]
Trees standing in and upon any public street or place, or upon
any lot or land adjacent thereto, shall be pruned and trimmed by the
owner or owners or occupants of the property on or in front of which
such trees are growing so that the lowest branches projecting over
the public street or alley will provide a clearance of not less than
14 feet and clearance of not less than 10 feet over any other public
place and so that no dead, broken or otherwise hazardous branches
shall be likely to fall and do injury to the public. Any tree not
trimmed as herein provided shall be deemed hazardous.
Any tree or part thereof, whether alive or dead, which the Director
of Public Works shall find to be infected, hazardous or a nuisance
so as to endanger the public or other trees, plants or shrubs growing
within the Village, or to be injurious to sewers, sidewalks or other
public improvements whether growing upon public or private premises,
shall be removed, trimmed or treated by the owner of the property
upon or adjacent to which such tree or part thereof is located. The
Director of Public Works shall give written notice to said owner to
remedy the situation which shall be served personally or posted upon
the affected tree. Such notice shall specifically state the period
of time within which the action must be taken, which shall be within
not less than 24 hours nor more than 14 days as determined by the
Director of Public Works on the basis of the seriousness of the condition
of the tree or danger to the public. If the owner shall fail to remove,
treat or trim said tree within the time limited, the Director of Public
Works shall cause the tree to be removed, treated or trimmed and shall
report the full cost thereof to the Village Clerk who shall thereupon
enter such cost in a special charge against the property. The abutting
property owner shall be responsible for the removal, disposal and
maintenance of trees on the terrace adjacent to his property.
No person shall plant or maintain within the Village any female
tree of the species Populus deltoides, commonly called the "cottonwood,"
or any tree commonly called the seed-bearing box elder of Acer negundo,
which may now or hereafter become infested with box elder bugs, and
such trees are hereby declared a nuisance. Any person having any such
trees on his premises shall cause the same to be removed. If any owner
shall fail to remove any such tree within 30 days after receiving
written notice from the Director of Public Works, the Director shall
cause the removal of such tree and report the full cost thereof to
the Village Clerk who shall place such charge upon the next tax roll
as a special charge against the premises.
No person shall hereafter plant any catalpa, Chinese elm, white
poplar, Lombardy poplar, or any fruit or nut tree in or upon any public
street, parkway, boulevard or other public place within the Village
unless he shall first secure written permission from the Director
of Public Works, who shall not approve any such planting if in his
opinion said tree will constitute a nuisance to the public or adjoining
property owners or interfere with the safety of the public or the
operation of any sewer or water system. The Director of Public Works
shall cause the removal of any tree planted in violation of this section.
Any tree or part thereof, whether alive or dead, that is found by the Director of Public Works to be infected with Dutch elm disease or elm bark beetles Scolytus multistriatus or Hylurgopinus rufipes will be proceeded against as specified in § 287-2, except he shall take such preventive measures as he shall deem proper and prudent to prevent the spread of the infection, including spraying or inoculating such trees as he deems necessary after receiving approval of the Village Board for his action. The cost of such removal shall be borne by the property owner upon which the tree or part thereof is located.
