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O-16-12 Ord Authorizing Removal of Trees w/Emerald Ash BorerVILLAGE OF LEMONT ORDINANCE NO. D 1 u " AN ORDINANCE AUTHORIZING THE REMOVAL OF TREES INFESTED WITH EMERALD ASH BORER ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 12th DAY OF March, 2012 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 12th day of March, 2012. ORDINANCE NO. 0- `t2 -12 AN ORDINANCE AUTHORIZING THE REMOVAL OF TREES INFESTED WITH EMERALD ASH BORER WHEREAS, the Village of Lemont may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare and to license pursuant to the Illinois Constitution of 1970; and WHEREAS, Section 5/11 -20 -12 of the Illinois Municipal Code (65 ILCS 5/11- 20 -12), authorizes the Village to remove ash trees infested with the Emerald Ash Borer (Agrilus planipennis Fairmaire) from any parcel of private property within the Village if the owners of that parcel, after reasonable notice, refuse or neglect to remove the infested trees; and WHEREAS, Section 5/11 -20 -12 of the Illinois Municipal Code (65 ILCS 5/11- 20 -12), further authorizes the Village to collect, from the owners of the parcel, the reasonable removal cost for the removal of ash trees infested with the Emerald Ash Borer; and WHEREAS, the Village has determined that authorizing the Village to remove such infested trees will protect and promote the public health, safety, and welfare of its citizens; and BE IT ORDAINED BY THE Mayor and Village Board of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows: SECTION 1: That the foregoing recitals are found to be true and correct and are hereby incorporated and made a part hereof of this Ordinance. SECTION 2: The LEMONT MUNICIPAL CODE, as amended, is hereby further amended in Title 8, ( "Health and Safety ") by adding in an entirely new subsection 8.20 as follows: 8.20 Removal of Infested Trees 8.20.10 Definitions For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning. INFESTED: The presence of a pest deemed a nuisance by the Illinois Department of Agriculture or the United States Department of Agriculture, the presence of circumstances that make it reasonable to believe that such a pest is present or the presence of any injurious insect or pest that is liable to spread to other plants, trees or shrubs to the injury of such plants, trees or shrubs or to the injury of humans or property. Examples of such nuisances include, but are not limited to, Asian Longhorn Beetle and Emerald Ash Borer. This definition does not apply to common native pests such as box elder bugs and carpenter ants. 8.20.20 Duty to Remove Infested Trees Any tree infested or dead with Emerald Ash Borer or other injurious parasite, fungus, insect or disease, is declared to be hazardous to public safety and is subject to abatement as such. No person shall knowingly permit any tree or shrub so infested or dead to remain on any lot or tract of land owned or controlled by such person. If such person fails to remove any tree or shrub so infested or dead within 30 days after receipt of notice from the Village, directing such removal, the Village may remove such tree or shrub at the expense of such person. 8.20.30 Enforcement The Village or its designee(s) (collectively the "Village ") may enter upon private property at all reasonable hours for purposes of inspecting trees thereon and may cause to be removed the specimens as are required for purposes of analysis to determine whether or not the same are infested and to cause to be removed the infested trees upon failure of the owner to do so after due notification, as provided in subsection 8.20.20. It shall be unlawful for any person to prevent the Village from entering on private property for purposes of carrying out its duties hereunder or to interfere with the Village in the lawful performance of its duties under the provisions of this subsection. 8.20.40 Collection of Costs of Removal; Lien (a) If the property owner fails to remove a tree as provided in subsection 8.20.20 and an infested tree is removed by the Village, a statement of charges for the tree removal and disposal shall be sent to the owner of the property from which the tree was removed. (b) If the property owner fails to reimburse the Village for all charges incurred in the enforcement of this subsection within 30 days from the date the Village issues the statement of charges, the Village's removal cost shall be a lien upon the underlying parcel in accordance with Illinois Municipal Code Sections 65 ILCS 5/11 -20 -12 and 65 ILCS 5/11- 20 -15. 8.20.50 Contractor Compliance Agreement Any contractor who performs work on public or private property in the Village (including, but not limited to, landscape contractors, tree pruning and removal contractors, or firewood contractors) must have on file with the Illinois Department of Agriculture, an Emerald Ash Borer Compliance Agreement. All procedures listed in the Emerald Ash Borer Compliance Agreement must be followed. 8.20.60 Violations; Penalty (a) Any person, firm or corporation found to have violated any provision of this subsection shall be subject to a fine not less than $100.00 nor more than $750.00 for each offense, in addition to any other legal or equitable remedies available to the Village. Such other remedies include, but are not limited to, injunctive relief, application to a court of competent jurisdiction for a receiver, or foreclosure of any lien the Village may have thereon. (b) A separate and distinct offense shall be committed each day on which such person or persons shall violate the provisions of this subsection. 2 (c) The Village may enforce this chapter in a system of administrative adjudication or through the circuit court of the applicable county at its sole discretion. SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 4: Should any Section or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid_ SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 12th day of March, 2012. 3 PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Debby Blatzer ✓ Paul Chialdikas V Clifford Miklos V Ron Stapleton V Rick Sniegowski Jeanette Virgilio CHARLENE M. SMOLLEN Village Clerk 4 President