§ 42-29. Power to preserve or remove.

(a)

The superintendent of streets and highways shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lands, lanes, squares and public grounds, as may be necessary to ensure safety or preserve the symmetry and beauty of such public grounds.

(b)

The superintendent of streets and highways, under the power given in this section, may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which because of its nature is injurious to sewers or other public improvements or which is affected by any injurious fungus, insect or other pest.

(c)

The superintendent of streets and highways shall also have power to enter upon any private property in the village and to spray or otherwise treat or cause or order to be sprayed or otherwise treated any tree or shrub or plant infected or infested by any parasite or insect pest when it shall be necessary in his opinion to do so, to prevent the spreading or scattering of any parasite or insect pest, and to prevent danger therefrom to trees and shrubs planted in the public streets or other public places. Whenever, in the opinion of the superintendent of streets and highways, trimming, treatment or removal of any such tree or shrub located on private grounds shall be deemed wise, the superintendent of streets and highways shall have power to trim, treat or remove any such tree or shrub or cause or order the tree or shrub to be trimmed, treated or removed. The cost of the removal of a tree by the superintendent of streets and highways from private grounds shall be a charge upon the real property on which such tree shall be removed. Such cost shall be certified by the superintendent of streets and highways 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 thereof unless paid before, and shall be collected in the same manner as other taxes against such property. Notice to remove under this subsection shall be served personally at least ten days before such removal on the owner or agent of the property or abutting property, unless, in the opinion of the superintendent of streets and highways, immediate removal is necessary for public safety.

(Ord. No. 84, § 4, 10-24-1955)