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2007-061ORDINANCE NO. 2007- 61 AN ORDINANCE AMENDING CHAPTER 12.20, TREES, SHRUBS AND OTHER PLANTS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, it is necessary that the Village establish codified policies and practices that can be undertaken so as to minimize the adverse effects of nuisances impacting the urban forest due to infestations caused by certain insects; and WHEREAS, it is recognized that the obligation of property owners to cooperate with the Village in minimizing insect borne infestation of the urban forest is critical to the overall health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS the following: Section 1. Section 12.20.090, Dutch Elm Disease and Section 12.20.100, Ehn Bark Beetle, of the Village of Buffalo Grove Municipal Code are hereby repealed. Section 2. The following Sections 12.20.090, 12.20.091, 12.20.092, 12.20.093, 12.20.094, 12.20.095, 12.20.096, 12.20.100, 12.20.101, 12.20.102, and 12.20.103 are added to the Buffalo Grove Municipal Code as follows: 12.20.090 Infected Trees ,Declared a Nuisance. All species and varieties of Elm tree (trees of genus Uhnus) infected with the fungus known as the Dutch Elm Disease (Certostomella Uhni) as determined by laboratory analysis and Emerald Ash Borer - infested Ash trees (Fraxinus spp) as determined by the Department of Public Works Division of Forestry are hereby declared a public nuisance. 12.20.091 Certain Dead Trees Declared a Nuisance. All species and varieties of Ehn trees that are dead or substantially dead, and all dead Ehnwood to which the bark is still attached, which because of its condition, may serve as a breeding place for the European Ehn Bark Beatle (Scotytus Mullisriatus) and the Native Ehn Bark Beetle (Hylurgopinus Rufipes) and Emerald Ash Borer (Agrilus Planipennis Fairmaire) - infested Ash trees as determined by the Department of Public Works Division of Forestry are hereby declared to be public nuisances. 12.20.092 Disposition of Trees. A. It shall be unlawful for any owner of any lot or parcel of land in the Village to permit or maintain on any lot or parcel of land, any Elm tree or dead Ehnwood or Ash tree or Ashwood which, as provided in Sections 12.20.090 and 12.20.091 is declared a public nuisance, and it shall be the duty of any owner promptly to remove and dispose of any Elm tree or dead Elmwood within ten days following notification of the discovery of such trees or wood. B. It shall be the duty of any owner and/or for any landscape contractor, promptly to remove and dispose of any Ash tree or Ashwood within ten days following notification of the discovery of such trees or wood, It shall be unlawful for such owner or landscape contractor to remove from any lot or parcel of land such trees or wood unless a) the trees or wood have been chipped or processed to a size measuring less than 1.0 inch in two dimensions; b) the bark and outer '' /Z inch of sapwood has been removed; or c) the trees or wood are moved to a certified processing site, as certified by the Director of the Illinois Department of Agriculture, by a landscape contractor who shall have in his or her possession a fully executed, certified copy of the Illinois Department of Agriculture's Emerald Ash Borer Quarantine Zone Compliance Agreement. It is also unlawful to remove and transport any such trees or wood between May I' and August 31' or at any other time so designated by the Illinois Department of Agriculture. Whenever any Ash tree is removed from any lot or parcel of land in the Village, the owner of such lot shall cause the ash stump to be ground to eight inches (8 ") below the soil surface and covered with soil. 12.20.093 Right to Enter Premises and Inspect Trees. In order to carry out the purposes of Sections 12.20.090, 12.20.091 and 12.20.092, and to implement its enforcement, the Village's Director of Public Works or designee, is hereby authorized and empowered to enter upon any lot or parcel of land in the Village at all reasonable hours for the purpose of inspecting any Elm trees, Ash trees, dead Elmwood or Ashwood situated thereon and may remove specimens from any trees as are required for the purpose of laboratory analysis referred to in Section 12.20.090, or to determine whether the trees, because they are dead or substantially dead, may serve as a breeding place for the European Elm Bark Beetle, the Native Elm Bark Beetle or the Emerald Ash Borer, It shall be unlawful for any person to take any action to prevent the Director of Public Works or designee from entering on any lot or parcel of land in the Village for the purpose of the inspection, or to interfere with the Director of Public Works or designee in the performance of any of the duties provided for under provisions of Sections 12.20.090, 12.20.091 or 12.20.092. 12.20.094 Notice to Owner of Infected Ehn/Ehnwood or Ash/Ashwood to Comply. A. If, upon analysis of specimens removed from any Elm or Ash tree by the Village's Director of Public Works or designee, it is determined that the tree is a public nuisance as provided in Section 12.20.090, or if the Director of Public Works or designee determines that any dead, or substantially dead, Elm tree, Ash tree, dead Elmwood or dead Ashwood, is a public nuisance as provided in Section 12.20.091, the Director of Public Works or designee shall serve or cause to be served on the owner of the lot or parcel of land on which the tree or dead Elmwood or dead Ashwood is located, a written notice requiring the owner to comply with the provisions herein. If the person upon whom the notice is served fails neglects or refuses to remove and destroy the Elm tree, Ash tree, dead Ehnwood or dead Ashwood within thirty (30) days after service of the notice, the Village may proceed to remove and destroy the tree, dead Elmwood or Ashwood. B. If the Village removes any tree which is a public nuisance as provided by Section 12.20.090 or 12.2.091, the assessment of the cost of the work done by the Village against the owner of the lot or parcel of land involved shall be in addition to any penalties imposed in this Code for any violation or noncompliance with any provisions of this Code. Additionally, the Village may place a lien upon such property for such costs incurred in the manner provided by law. 12.20.095 Service of Notice. Service of notice shall be by personal service or certified mail, addressed to the owner at his or her last known address. 12.20.096 Infected. Trees Belonging to Village. Any Elm tree, Ash tree, dead Elmwood or dead Ashwood, on property owned by the Village, which is a public nuisance as provided by Section 12.20.090 or 12.20.091, shall be removed within thirty (30) days of notice or identification. 12.20.100 Insects Declared a Nuisance. Gypsy Moths (Porthetria Dispar) and Eastern Tent Caterpillar (Malacosoma Americana) are hereby declared to be a public nuisance. It shall be unlawful for any owner of any lot or parcel of land in the Village to permit an infestation of egg masses of Gypsy Moth or Eastern Tent Caterpillar to remain as a nuisance. It shall be the duty of any owner to promptly and properly remove and destroy any and all insect nuisance. Additionally, any property that may be considered as having transported Gypsy Moth egg masses such as camping equipment and vehicles from a Gypsy Moth quarantine area are subject to being inspected, 12.20.101 Right to Enter Premises and lit Trees. In order to carry out the purpose of Section 12.10.100 and to implement its enforcement, the Village's Director of Public Works or designee, is authorized and empowered to enter upon any lot or parcel of land in the Village at all reasonable hours for the purpose of determining the presence of Gypsy Moth and Eastern Tent Caterpillar insects or egg masses. It shall be unlawful for any person to take any action to prevent the Director of Public Works or designee from entering on any lot or parcel of land in the Village for the purpose of the inspection, or to interfere with the Director of Public Works or designee in the performance of any of the duties provided for under provisions of Section 12.20.100. 12.20.102 Notice to Owner of Insect Infected Trees to Comply. If it is determined that Gypsy Moth or Eastern Tent Caterpillar insects or egg masses have infected trees, the Director of Public Works or designee shall serve or cause to be served on the owner of the lot or parcel of land on which the nuisance exists, a written notice requiring the owner to comply with the provisions Section 12.10.100. If the person upon, whom the notice is served fails, neglects or refuses to remove and destroy the insect nuisances within thirty (30) days after notice, the Director of Public Works or designee, may proceed to have the nuisances removed and destroyed. The cost of the removal shall be assessed against the property owner and shall be paid by the owner to the Village as set forth in Section 12.20.094. Notice shall be served in accordance with Section 12.20.095. 12.20.103 Insect Infected Trees Belonging to o Village. All insect nuisances found in trees on property owned by the Village shall promptly be removed at the Village's expense. Section 3. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter will be subject to the general penalty provisions of Chapter 1.08 of the Village of Buffalo Grove Municipal Code. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordnance may be published in pamphlet form. AYES: 5 — Braiman, Glover, Berman, Trilling, Rubin NAYES: 0 — ABSENT: 1 — Kahn PASSED: October 15 2007. APPROVED: October 15 P 2007. PUBLISHED: October 16 A Village President ATTEST, Villa Jerk F:\RZ\Chapter 12.20 Trees \10- 08- 2007.doc 2007. w STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on October 15, 2007 the Corporate Authorities of the Village passed and approved Ordinance No. 2007 -61 entitled: AN ORDINANCE, AMENDING CHAPTER 12.20, TRES, SHRUBS AND OTHER PLANATS, OF THE BUFALO GROVE MUNICIPAL CODE provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2007 -61, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on October 16, 2007 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 16th day of October, 2007. Villag Jerk By .. 4�. ORDINANCE NO. 2007- 61 AN ORDINANCE AMENDING CHAPTER 12.20, TREES, SHRUBS AND OTHER PLANTS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, it is necessary that the Village establish codified policies and practices that can be undertaken so as to minimize the adverse effects of nuisances impacting the urban forest due to infestations caused by certain insects; and WHEREAS, it is recognized that the obligation of property owners to cooperate with the Village in minimizing insect borne infestation of the urban forest is critical to the overall health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS the following: Section 1. Section 12.20.090, Dutch Elm Disease and Section 12.20.100, Elm Bark Beetle, of the Village of Buffalo Grove Municipal Code are hereby repealed. Section 2. The following Sections 12.20.090, 12.20.091, 12.20.092, 12.20.093, 12.20.094, 12.20.095, 12.20.096, 12.20.100, 12.20.101, 12.20.102, and 12.20.103 are added to the Buffalo Grove Municipal Code as follows: . 12.20.090 Infected Trees ,Declared a Nuisance. All species and varieties of Ehn tree (trees of genus Uhnus) infected with the fungus known as the Dutch Elm Disease (Certostomella Uhni) as determined by laboratory analysis and Emerald Ash Borer - infested Ash trees (Fraxinus spp) as determined by the Department of Public Works Division of Forestry are hereby declared a public nuisance. 12.20.091 Certain Dead Trees Declared a Nuisance All species and varieties of Elm trees that are dead or substantially dead, and all dead Ehnwood to which the bark is still attached, which because of its condition, may serve as a breeding place for the European Elm Bark Beetle (Scotytus Multisriatus) and the Native Elm Bark Beetle (Hylurgopinus Rufipes) and Emerald Ash Borer (Agrilus Planipennis Fairmaire )-infested Ash trees as determined by the Department of Public Works Division of Forestry are hereby declared to be public nuisances. 12.20.092 Disposition of Trees. A. It shall be unlawful for any owner of any lot or parcel of land in the Village to permit or maintain on any lot or parcel of land, any Elm tree or dead Elmwood or Ash tree or Ashwood which, as provided in Sections 12.20.090 and 12.20.091 is declared a public nuisance, and it shall be the duty of any owner promptly to remove and dispose of any Elm tree or dead Ehnwood within ten days following notification of the discovery of such trees or wood. B. It shall be the duty of any owner and/or for any landscape contractor, promptly to remove and dispose of any Ash tree or Ashwood within ten days following notification of the discovery of such trees or wood. It shall be unlawful for such owner or landscape contractor to remove from any lot or parcel of land such trees or wood unless a) the trees or wood have been chipped or processed to a size measuring less than 1.0 inch in two dimensions; b) the bark and outer Y2 inch of sapwood has been removed; or c) the trees or wood are moved to a certified processing site, as certified by the Director of the Illinois Department of Agriculture, by a landscape contractor who shall have in his or her possession a fully executed, certified copy of the Illinois Department of Agriculture's Emerald Ash Borer Quarantine Zone Compliance Agreement. It is also unlawful to remove and transport any such trees or wood between May I" and August 31" or at any other time so designated by the Illinois Department of Agriculture. Whenever any , t# Ash tree is removed from any lot or parcel of land in the Village, the owner of such lot shall cause the ash stump to be ground to eight inches (8 ") below the soil surface and covered with soil. 12.20.093 Right to Enter Premises and Inspect Trees. In order to carry out the purposes of Sections 12.20.090, 12.20.091 and 12.20.092, and to implement its enforcement, the Village's Director of Public Works or designee, is hereby authorized and empowered to enter upon any lot or parcel of land in the Village at all reasonable hours for the purpose of inspecting any Ehn trees, Ash trees, dead Elmwood or Ashwood situated thereon and may remove specimens from any trees as are required for the purpose of laboratory analysis referred to in Section 12.20.090, or to determine whether the trees, because they are dead or substantially dead, may serve as a breeding place for the European Elm Bark Beetle, the Native Elm Bark Beetle or the Emerald Ash Borer. It shall be unlawful for any person to take any action to prevent the Director of Public Works or designee from entering on any lot or parcel of land in the Village for the purpose of the inspection, or to interfere with the Director of Public Works or designee in the performance of any of the duties provided for under provisions of Sections 12.20.090, 12.20.091 or 12.20.092. 12.20.094 Notice to Owner of Infected Ehn/Ehnwood or Ash/Ashwood to CMR!Y. A. If, upon analysis of specimens removed from any Elm or Ash tree by the Village's Director of Public Works or designee, it is determined that the tree is a public nuisance as provided in Section 12.20.090, or if the Director of Public Works or designee determines that any dead, or substantially dead, Elm tree, Ash tree, dead Elmwood or dead Ashwood, is a public nuisance as provided in Section 12.20.091, the Director of Public Works or designee shall serve or cause to be served on the owner of the lot or parcel of land on which the tree or dead Elmwood or dead Ashwood is located, a written notice requiring the owner to comply with the provisions herein. If the person upon whom the notice is served fails neglects or refuses to remove and destroy the Elm tree, Ash tree, dead Elmwood or dead Ashwood within thirty (30) days after service of the notice, the Village may proceed to remove and destroy the tree, dead Ehnwood or Ashwood. B. If the Village removes any tree which is a public nuisance as provided by Section 12.20.090 or 12.2.091, the assessment of the cost of the work done by the Village against the owner of the lot or parcel of land involved shall be in addition to any penalties imposed in this Code for any violation or noncompliance with any provisions of this Code. Additionally, the Village may place a lien upon such property for such costs incurred in the manner provided by law. 12.20.095 Service of Notice. Service of notice shall be by personal service or certified mail, addressed to the owner at his or her last known address. 12.20.096 Infected. Trees Belonging to Village. Any Elm tree, Ash tree, dead Elmwood or dead Ashwood, on property owned by the Village, which is a public nuisance as provided by Section 12.20.090 or 12.20.091, shall be removed within thirty (30) days of notice or identification. 12.20.100 Insects Declared a Nuisance. Gypsy Moths (Porthetria Dispar) and Eastern Tent Caterpillar (Malacosoma Americana) are hereby declared to be a public nuisance. It shall be unlawful for any owner of any lot or parcel of land in the Village to permit an infestation of egg masses of Gypsy Moth or Eastern Tent Caterpillar to remain as a nuisance. It shall be the duty of any owner to promptly and properly remove and destroy any and all insect nuisance. Additionally, any property that may be considered as having transported Gypsy Moth egg masses such as camping equipment and vehicles from a Gypsy Moth quarantine area are subject to being inspected 12.20. 101 Might to Enter Premises and Inspect Trees. In order to carry out the purpose of Section 12.10. 100 and to implement its enforcement, the Village's Director of Public Works or designee, is authorized and empowered to enter upon any Iot or parcel of land in the Village at all reasonable hours for the purpose of determining the presence of Gypsy Moth and Eastern Tent Caterpillar insects or egg masses. It shall be unlawful for any person to take any action to prevent the Director of Public Works or designee from entering on any lot or parcel of land in the Village for the purpose of the inspection, or to interfere with the Director of Public Works or designee in the performance of any of the duties provided for under provisions of Section 12.20.100. 2 N, 12.20.102 Notice to Owner 6f Insect Infected Trees to Comply. If it is determined that Gypsy Moth or Eastern Tent Caterpillar insects or egg masses have infected trees, the Director of Public Works or designee shall serve or cause to be served on the owner of the lot or parcel of land on which the nuisance exists, a written notice requiring the owner to comply with the provisions Section 12.10.100. If the person upon whom the notice is served fails, neglects or refuses to remove and destroy the insect nuisances within thirty (30) days after notice, the Director of Public Works or designee, may proceed to have the nuisances removed and destroyed. The cost of the removal shall be assessed against the property owner and shall be paid by the owner to the Village as set forth in Section 12.20.094. Notice shall be served in accordance with Section 12.20.095. 12.20.103 Insect Infected Trees Belonging to Village. All insect nuisances found in trees on property owned by the Village shall promptly be removed at the Village's expense. Section 3. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter will be subject to the general penalty provisions of Chapter 1.08 of the Village of Buffalo Grove Municipal Code. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 5 — Braiman, Glover, Berman, Trilling, Rubin It NAPES: 0 — ABSENT: 1 — Kahn PASSED: October 15 2007. APPROVED: October 15 , 2007. PUBLISHED: October 16 APPRO Village President ATTEST: Villa Jerk F.\RZ\Chapter 12.20 Trees \10- 08- 2007.doc 2007.