G-52 - 12/10/1963 - AGREEMENT - Ordinances JEB:KM 1210-.63 1 & 7 cc. TREE
DuT" ELM
190.3
AN ORDINANCE IN RELATION TO ELM
TREE DISEASE; FURTHER DEFINING
THE TERM "NUISANCE," AND PROVIDING
FOR THE ABATEMENT THEREOF AND CREATING
PENALTIES IN CONNECTION THEREWITH
WHEREAS, there has become prevalent throughout vast portions
of the United States, including the State of Illinois , a disease known
and designated as the "Dutch Elm Disease, " which said disease by means
of fungus existing in diseased elm trees spreads to and infects other
elm trees in the vicinity of a diseased tree; and
WHEREAS, officers and agencies of the State of Illinois
have determined by scientific study that effective control of said.
"Dutch Elm Disease" can be accomplished only if said control be all
inclusive and be extended not only to elm trees situated in the public
domain but also to elm trees located on private property; and
WHEREAS, the President and Board of Trustees of the Village
of Oakbrook, Illinois , upon due investigation and study, and upon
reports from its administrative officers, have determined that the
said Dutch Elm Disease does exist in the Village of Oakbrook, and
that the existence of said disease in any one or more elm trees
within the territory of the Village of Oakbrook, unless immediately
controlled and abated., may spread to all other elm trees within said
�- Village, and that by reason. of the nature of said disease, any diseased.
elm tree within the Village of Oakbrook is a threat to the health,
comfort , welfare and safety of the citizens of the Village of Oakbrook
and is a nuisance and ought to be abated forthwith;
NOW, THEREFORE, BE IT ORDAINED by the President and Board.
of Trustees of the Village of Oakbrook, DuPa.ge County, Illinois , as
follows :
Section 1. That all trees which are now or may hereafter
be infected. with the disease known and designated as the "Dutch Elm
Disease" be and the same are hereby declared to be a nuisance.
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Section 2. That in the event any officer, agent , servant
or employee of the Village of Oakbrook has reasonable cause to be-
lieve either by virtue of its appearance or otherwise that any tree
located within said village is or might be diseased with the Dutch
Elm Disease, said officer, agent , servant or employee is hereby author-
ized and directed. to enter on and upon any private or public property
whereon such tree may be located, for the purpose of inspecting said.
suspected tree and removing therefrom samples or portions thereof so
that same may be tested to establish whether or not said tree is in
fact diseased.
�. Section 3. That in the event, after due scientific study,
it is determined that the tree from which said samples or portions
have been taken is in fact diseased or infected with the Dutch Elm
Disease, the said officer, agent, servant or employee of the Village
of Oakbrook shall immediately and forthwith notify the owner of the
premises upon which said tree is located. in writing, and. the owner
so notified shall within ten (10) days of such notification cause
the same to be removed, destroyed and burned.
Section 4. That in all cases where the owner, occupant
or agent of the parcel of land on which said diseased tree is located,
cannot be found, or if found and notified as aforesaid , neglects or
``- refuses to abate said nuisance, it shall be lawful for the President
and. Board of Trustees of the Village of Oakbrook, by resolution,
order the abatement of said nuisance by the removal, destruction, and
burning of said diseased tree, and in such event the owner, occupant,
and. agent , or any of them, shall be charged with those expenses which
may be incurred by the Village of Oakbrook in the removal or abatement
of the said. nuisance as aforesaid , which expense shall be collected by
the Village of Oakbrook by suit or otherwise in addition to the fine
or penalty herein provided.
Section S. That any person, firm or corporation, who shall
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violate any of the provisions of this ordinance, or who shall
neglect or refuse to remove, destroy and burn such diseased elm
tree growing on any parcel of land of which said person, firm or
corporation is owner, agent , occupant or person in possession., when
notified and ordered so to do , or who shall interfere with the re-
moval, destruction or burning of such diseased tree, shall be
punished by a fine of not less than Ten and N6/100ths Dollars
($10,00) or more than Two Hundred and No/100ths Dollars ($200.00)
for each offense. Each day which said person, firm or corporation
shall continue to maintain said nuisance or to permit said diseased
tree to continue to exist on said parcel of land shall be a distinct
and. separate offense.
Section 6. This ordinance shall in no way limit or
determine the definition of the word "nuisance" as may be otherwise
provided in the ordinances of the Village of Oakbrook, but shall be
in addition thereto and shall be so construed.
Section 7. If any provisions of this ordinance shall be
declared invalid or unconstitutional by any court of competent juris-
diction, the Village Board of the Village of Oakbrook hereby declares
that it would have adopted each and every provision of this ordinance
separately.
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Section 8. Any ordinance or parts of ordinances in con-
flict with this ordinance shall be and, the same hereby are repealed.
Section 9. This ordinance shall be in full force and
effect from and after its passage, approval and publication as by
statute in such case made and provided.
Passed and. ;approved by the President and Board of Trustees
of the Village of Oakbrook thisj�. day of
Attest:
M"am President
Clerk
Ayes : 5 _
Nays:
3