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2013 015 Ordinance
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2013 015 Ordinance
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Last modified
11/19/2018 4:06:32 PM
Creation date
9/7/2018 4:58:45 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
015
Date
1/21/2014
Year
2013
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1353.075 TRIMMING ANI) PRESERVATION OF TREES; REMOVAL OF <br />DANGEROUS TREES. <br />(a) It shall be the responsibility of every property owner or occupant to maintain the trees <br />on his property, including exterior property areas and tree lawn trees, in a safe and healthy <br />manner, as to avoid hazards to persons, property and other vegetation. <br />(b) The Building Commissioner and/or Service Director, in consult with the Village's <br />certified arborist, shall, from time to time, inspect the trees and shrubs located upon the exterior <br />property areas and tree lawn. The Building Commissioner, Service Director, or the Village's <br />certified arborist shall first seek the property owner's permission to conduct such an inspection. <br />Should the property owner object to the inspection, the Building Commissioner and/or Service <br />Director may seek, from a court or magistrate of competent jurisdiction, a warrant to inspect the <br />exterior property areas in accordance with this section. Should a condition of extreme danger to <br />persons, neighboring property or public thoroughfares, be known to exist, the warrant <br />requirements of this section maybe dispensed with, but only if there is reasonable cause to <br />believe that the delay involved in compliance with the warrant requirement would pose a serious <br />imminent danger to person or property. <br />(c) Upon finding that any tree or part thereof constitutes a nuisance to persons, <br />neighboring property or public thoroughfares, property or other vegetation, the Building <br />Commissioner and/or Service Director shall direct, by written notice, the property owner to trim, <br />preserve and/ or remove the tree. <br />(1) The method of service of the written notice shall be in accordance with one or <br />more of the methods specified in Section 1353.08. <br />(2) The notice shall set forth the time limit for compliance which, in no instance, <br />shall be longer than fourteen (14) days from the date of the written notice. <br />(d) If at the end of the time period set forth in the notice, the tree has not been trimmed, <br />preserved or removed, it shall be declared a nuisance, and the Building Commissioner and/or <br />Service Director shall have the tree trimmed, preserved or removed, as the case maybe, and <br />costs assessed in accordance with the procedures set forth in Section 1357.02. <br />(e) A tree shall be deemed a nuisance if it or any part of it: <br />(1) Appears dead, dangerous to persons, neighboring property or public <br />thoroughfares, or likely to fall; <br />(2) Is not pruned to a height of thirteen (13) feet above the street to accommodate <br />vehicles such as garbage trucks, buses and street maintenance trucks; <br />(3) Is not pruned to a height of nine (9) feet above the sidewalk; <br />(4) Obstructs a curb, gutter, street or sidewalk; <br />(5) Interferes with sewers; <br />(6) Interferes with a planned public improvement. <br />EXHIBIT A <br />
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