G-958 - 12/13/2011 - PUBLIC WORKS - Ordinances Supporting DocumentsITEM 7.r.2)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
December 13, 2011
SUBJECT: Hazardous Tree Ordinance
FROM: Mike Hullihan, Public Works
BUDGET SOURCE/BUDGET IMPACT: Not determined at this time
RECOMMENDED MOTION: I move that the Board approve the attached change to the
Village Code regarding removal of hazardous trees.
Background: A resident has suggested that the Village staff pursue a hazardous tree ordinance.
The proposed ordinance would require the Village to make assessments of trees on private
property which could be jeopardizing adjacent private properties. If the Village staff concludes
that such a tree presents a hazard, the owner would be required to remove the tree. If the owner
fails to remove the tree, the Village would remove the tree and bill the owner. Pursuant to
direction from the Board on October 11, 2011 the Village Staff drafted changes to the existing
Code regarding trees.
Resources: Tree complaints are currently routed to the Department of Public Works. If the
complaint involves trees on private property, the staff offers advice. If the problem is with a
private tree and exceeds the expertise of Public Works personnel, the resident is instructed to
seek the services of a commercial Arborist. The Village receives 6 -10 complaints of hazardous
trees on neighboring properties each year. The concerned resident is usually instructed to inform
their neighbor, in writing, that a hazardous condition exists. This usually results in some action
from the owner of the tree. These owners are probably aware that constructive knowledge of a
hazardous condition can affect their liability should the tree subsequently cause damage. The
resources involved in resolving these types of complaints amounts to approximately 60 hours of
time being spent annually by the Public Works Director /Streets Foreman.
Should proposed change to the Village Code be enacted, we could expect the expenditure of 16-
32 hours per complaint. This would include site visit/diagnostic testing by a forester,
preparation of correspondence, compliance inspection, and possibly tree removal and
reimbursement coordination/lien filing.
Recommendation:
That the Board approve the attached change to the Village Code regarding hazardous trees.
ORDINANCE 2011 -PW- TREE -G -958
AN ORDINANCE AMENDING THE OAK BROOK
VILLAGE CODE TO REGULATE NUISANCE GREENERY
WHEREAS, pursuant to Section 11 -20 -7 of the Illinois Municipal Code, 65 ILCS 5/11 -20 -7, the
Village has the authority to regulate and remove nuisance greenery from private property in the Village;
and
WHEREAS, the Village Code currently provides the Village the authority to abate obstructions,
dangers, and nuisances caused by trees and shrubs to public ways, but does not provide the Village the
authority to abate dangers and nuisances caused by trees and shrubs growing on private property that
threaten an adjacent private property; and
WHEREAS, the Village Code currently regulates trees and shrubs that cause obstructions,
dangers, and nuisances, but does regulate other types of greenery and vegetation that may cause the
same sorts of problems; and
WHEREAS, Village residents have requested that the Village amend the Village Code to allow
the Village to abate the dangers and nuisances caused by trees, shrubs, vines, and other vegetation
growing on private property that threaten an adjacent private property;
WHEREAS, the Village Board has determined that it would be in the best interests of the Village
and its residents to amend the Village Code to allow for the Village to abate the dangers and nuisances
caused by trees, shrubs, vines, and other vegetation that threaten an adjacent property and to more
precisely define what constitutes Nuisance greenery; and
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Section 84-2. Section 84-2, entitled 'Trees and Shrubs Causing
Obstruction" of Chapter 8, entitled 'Public Works ", of the Village Code shall be amended further, and shall
read as follows:
"8 -4 -2: TREES, SHRUBS, VINES AND OTHER GREENERY CAUSING
OBSTRUCTIONS OR OTHER DANGEROUS CONDITIONS:
A. Every owner or occupant of any house, building, lot, or premises in the Village
shall keep trees, shrubs, vines, and other vegetation located on his or her property
trimmed and maintained so as to prevent or remove the following conditions:
1. Any tree which is dead, dangerous, or likely to fall or that is so unsafe,
unhealthy, diseased, or insect - infected (including without limitation ash
trees infested with the emerald ash borer and pine trees impacted with
pine wilt) as to constitute a hazard to persons, public property, private
property or other vegetation;
2. The obstruction of any street, pedestrian path, or any public way to any
extent which interferes or obstructs: (i) the free passage of pedestrians
Ordinance 2011 -PW- TREE -G -958
An Ordinance Amending the Oak Brook Village Code to
Regulate Nuisance Greenery
Page 2 of 3
or motorists; (ii) a clear view along such streets, paths and at any street
or driveway intersection; or (iii) the reflection of any streetlights;
3. The obstruction of any sewer, drainage way, or septic Feld;
4. The dangerous proximity of any tree or other vegetation to public utility
lines; and
5. The interference with any existing or proposed public improvement.
Said conditions are hereby declared to be nuisance greenery and any tree or other
vegetation located on private property which is allowed to grow in violation of the
foregoing paragraphs shall be deemed a weed subject to abatement by the Village
as provided by state statute.
B. Whenever any person whose duty it is to keep any tree or other vegetation trimmed or
cut as provided in the preceding subparagraph shall fail to do so in the judgment of the
village manager or his or her designee, the public works director may cause written
notice to be served upon such person requiring such person to perform the work within
14 days following mailing or personal delivery of such notice. Such notice shall also
notify the owner that, unless the required work is done within such 14 day period, the
Village will proceed with the work, assess the cost thereof against the owner, and
impose a lien for such cost on the affected property if not paid by the owner within 30
days after billing.
C. The notice referred to in subparagraph (b) above shall be personally served or sent by
registered mail to the person to whom was sent the last preceding general tax bill for
the property upon which the tree or trees affected is or are located, and a copy of said
notice shall be mailed to the occupant of such property.
D. Within 14 days following delivery or mailing of the notice described in the preceding
subparagraph, the owner of the property shall cause the nuisance to be removed or
remedied. If the owner or occupant shall neglect or refuse to trim or maintain the trees
or other vegetation as required by the notice, the Village may promptly cause the
removal or remedy of the nuisance by Village employees or contractors. If the Village
shall so cause the removal or remedy of any such nuisance, all direct and indirect
expenses incurred in connection therewith, including the costs of collection, shall be
assessed against the property owner. In the event such expenses are not paid upon
billing, the Village Clerk, not later than 30 days after billing, shall file a notice of lien
against such property for the amount of such expenses in the manner provided by
statute."
Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
Ordinance 2011 -PW- TREE -G -958
An Ordinance Amending the Oak Brook Village Code to
Regulate Nuisance Greenery
Page 3 of 3
APPROVED THIS 13th day of December, 2011.
Gopal G. Lalmalani
Village President
PASSED THIS 13`" day of December, 2011.
ATTEST:
Charlotte K. Pruss
Village Clerk