[HISTORY: Adopted by the President and Board of Trustees
of the Village of Sidney 3-5-2018 by Ord. No. 2018-03. Amendments noted where applicable.]
A.
Purpose. It is the purpose of this chapter to promote and protect
the public health, safety and general welfare by providing for the
regulation of the planting, maintenance and removal of trees and shrubs
within the Village.
B.
Intent. It is the intent of the Village Board that the terms of this
chapter shall be construed so as to promote:
(1)
The planting, maintenance, restoration and survival of desirable
trees and shrubs within the Village; and
(2)
The protection of community residents from personal injury and property
damage, and the protection of the Village from property damage, caused
or threatened by the improper planting, maintenance or removal of
trees and shrubs located within the community.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person engaged in the construction of any structure on
a commercial or residential lot within the Village limits.
Trees attaining a height of 50 feet or more.
Trees attaining a height of 30 feet to 50 feet.
The Village of Sidney.
Species known to be part of the flora of Central Illinois
before the time of European settlement.
All public parks.
That part of a street or highway, not covered by sidewalk
or other paving, lying between a private property line and the street
or curb.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The person owning private property as shown by the County
Assessor's plat of Champaign County, State of Illinois.
All grounds owned by the Village of Sidney, County of Champaign,
State of Illinois.
Includes all shade and ornamental trees now or hereafter
growing on any street or any public areas unless otherwise indicated.
Any plant attaining a height of less than 10 feet.
Trees attaining a height of up to 30 feet (30 m2).
The entire width of every public right-of-way.
The Superintendent of Streets of the Village of Sidney, Illinois.
All vegetation, woody or otherwise, except lawn grass and
herbaceous flowers.
Property within the Village limits and:
A.
The Superintendent of Streets shall approve or disapprove tree plantings
on public property and approve or disapprove any other acts in regard
to tree and shrub removal and maintenance as are required by this
chapter.
C.
The Superintendent shall establish a program of public information
and education that will encourage the planting, maintenance or removal
of trees, shrubs and other plants on private property in furtherance
of the general program for optimizing the tree, shrub and other plant
resources of the Village.
A.
Scope of requirements. No person except the Superintendent, an agent
of the Superintendent or a contractor hired by the Village may perform
any of the following acts without first obtaining approval from the
Superintendent:
(1)
Plant on Village-owned property, or spray, fertilize, prune, remove
or otherwise disturb any tree or shrub located on Village-owned property,
except that this provision shall not be construed to prohibit owners
of property adjacent to or appurtenant to Village-owned property from
watering without approval any tree or shrub located on such Village-owned
property;
(2)
Trim, prune or remove any tree or portions thereof if such tree or
portions thereof reasonably may be expected to fall on or across Village-owned
property and thereby cause damage to persons or property;
(3)
Place on Village-owned property, either above or below ground level,
a container for trees or shrubs;
(4)
Damage, cut, tap, carve or transplant any tree or shrub located on
Village-owned property;
(5)
Attach any rope, wire, nail, sign, poster or any other man-made object
to any tree or shrub located on Village-owned property;
(6)
Make or cause to be made any tree well or sidewalk cut on Village-owned
property.
C.
Work (tree pruning, planting, removal, or treatment with pesticides)
performed by the Superintendent, an agent of the Superintendent, or
a contractor hired by the Village shall be in accordance with the
standards set forth in the Arboricultural Specifications Manual.
D.
Permit required for certain construction work. No person shall excavate
any ditches, tunnels, trenches, or lay any drive within a radius of
10 feet from any public tree without first obtaining a written permit
from the Superintendent of Streets or his agent.
E.
Protection from excavation or construction. If deemed necessary by
the Superintendent, all trees on any street or other publicly owned
property near any excavation or construction of any building, structure
or street work shall be protected according to the standards set forth
in the Arboricultural Specifications Manual, and all building material,
dirt, or other debris shall be kept outside of the barrier.
F.
Clear sight areas at street intersections. In order to promote greater
safety at street intersections, it is in the public interest that
trees, shrubs, solid fences and other interferences within the sight
of pedestrians or of operators of vehicles at such intersections be
regulated.
A.
Definition. The following are hereby declared public nuisances under
this chapter:
(1)
Any dead or dying tree or shrub, whether located on Village-owned
property or on private property;
(2)
Any otherwise healthy tree or shrub, whether located on Village-owned
property or on private property, which harbors insects or diseases
which reasonably may be expected to injure or harm any tree or shrub;
(3)
Any tree or shrub or portion thereof, whether located on Village-owned
property or on private property, which by reason of location or condition
constitutes an imminent danger to the health, safety or welfare of
the general public;
(4)
Any tree or shrub or portion thereof, whether located on Village-owned
property or on private property, which obstructs the free passage
of pedestrian or vehicular traffic or which obstructs a streetlight;
and
(5)
Any tree or shrub or portion thereof, whether located on Village-owned
property or on private property, which obstructs the view of any vehicular
traffic in or approaching an intersection.
B.
Abatement. The following are the prescribed means of abating public
nuisances under this section:
(1)
Located on Village property. Any public nuisance under this section
that is located on Village-owned property shall be pruned, removed
or otherwise treated by the Superintendent in whatever fashion is
required to cause the abatement of the nuisance within a reasonable
time after its discovery.
(2)
Located on private property.
(a)
Any public nuisance under this section that is located on private
property shall be pruned, removed or otherwise treated by the property
owner or his/her agent in whatever fashion is required to cause the
abatement of the nuisance. No property owner may be in violation of
this provision unless and until the following requirements of notice
have been satisfied:
[1]
The Superintendent shall cause a written notice to be sent by
registered or certified mail to the owner of the property upon which
the nuisance is found.
[2]
Such notice shall describe with particularity the tree or shrub
that has been declared to be a public nuisance.
[3]
Such notice shall state with particularity the alternative actions
that the property owner may undertake to abate the nuisance.
[4]
Such notice will require the elimination of the nuisance within
30 days after receipt of the notice by the property owner, although,
upon a showing of good cause, said period may be extended by the Superintendent
for a reasonable period.
(b)
In the event that the nuisance is not abated within 30 days
following receipt of notice by the property owner or within any further
time period allowed by the Superintendent or the Forestry Commission,
the Superintendent is authorized to cause the abatement of said nuisance,
and the reasonable cost of such abatement shall be filed as a lien
against the property on which the nuisance was located, and the property
owner of the property upon which the nuisance is located shall be
subject to prosecution under this chapter. Nothing in this provision
shall be construed to exempt any person from the requirements of obtaining
approvals under this chapter.
(3)
The Superintendent is hereby empowered to cause the immediate abatement
of any public nuisance under this chapter provided that the nuisance
is declared by the Superintendent to threaten imminent and serious
danger of injury or death to any person, and provided that the owner
of the property on which the nuisance is located cannot be found through
the reasonable efforts of the Superintendent.
(4)
The Superintendent is hereby empowered to seek from any court of
competent jurisdiction an order directing the immediate abatement
of any public nuisance under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any provision of this chapter shall
be subject to a fine of not more than $750, with each day of violation
constituting a separate offense.
Trees of all species and varieties of elm, Zelkova and Planera
affected with the fungus Ceratostomella ulmi, as determined by laboratory
analysis, are hereby declared to be a public nuisance and shall be
removed and burned within 30 days following notification of the discovery
of such infection.
Trees or parts thereof of elm, Zelkova or Planera in a dead
or dying condition that may serve as a breeding place for the European
elm bark beetle (Scolytus multistriatus) are hereby declared to be
public nuisances, and it shall be unlawful for the person, firm or
corporation owning property whereon the same is situated to possess
or keep the same.
Trees of genus ash (Fraxinus), specifically but not limited
to green ash (Fraxinus pennsylvanica), white ash (Fraxinus americana),
black ash (Fraxinus nigra) and varieties of such species, affected
with the emerald ash borer (Agrilus planipennis) are hereby declared
to be a public nuisance and shall be removed within 30 days following
notification of the discovery of such infestation. In order to prevent
the spread of emerald ash borer, infested trees or tree parts shall
not leave the quarantine area identified by the Illinois Department
of Agriculture.
For property located within the Village of Sidney, property
owners may request reimbursement for the planting of new trees on
their properties subject to the following conditions:
A.
A professional landscaping or tree service must plant the tree.
C.
The tree must be planted on private property adjacent to the Village
right-of-way and be planted at least three feet from any Village right-of-way,
easement, sidewalk, alley or street.
D.
The property owner(s) can request one reimbursement for each tree
that was removed from his/her adjacent Village right-of-way within
the last five years.
E.
To the extent that designated funds are available, the Village will
reimburse 50% of the cost of each tree/planting, not to exceed $200
per tree/planting.
F.
The property owner(s) agrees to be responsible for all maintenance,
watering and care for the tree.
G.
Receipt of the tree purchase and planting must be submitted to the
Village Board for reimbursement within 90 days after the planting.
The Village Superintendent of Streets is charged with enforcement
of this chapter, and to that end may enter upon private property at
all reasonable hours for purposes of inspecting trees thereon, and
may remove such specimens as are required for purposes of analysis
to determine whether or not the same are infected. It shall be unlawful
for any person, firm or corporation to prevent the Village Superintendent
of Streets or his representative from entering on private property
for purposes of carrying out his duties hereunder, or to interfere
with such Superintendent or his representative in the lawful performance
of his duties.
