Ordinance 2007-066 UNITED CITY OF YORKVILLE
ORDINANCE NO. 0700 7 0
AN ORDINANCE AMENDING CHAPTER 2A (DUTCH ELM DISEASE)
OF TITLE 4 (PUBLIC HEALTH AND SAFETY) OF
THE UNITED CITY OF YORKVILLE CITY CODE
PASSED BY THE
UNITED CITY OF YORKVILLE
THIS -/ '- DAY OF OCT 06EP, , 2007
Published in pamphlet form
by the authority of the
United City of Yorkville this
day of (DCJ-06E�C,2007.
UNITED CITY OF YORKVILLE
ORDINANCE NO. U9 00 '7 - (o (o
AN ORDINANCE AMENDING CHAPTER 2A (DUTCH ELM DISEASE)
OF TITLE 4 (PUBLIC HEALTH AND SAFETY) OF
THE UNITED CITY OF YORKVILLE CITY CODE
WHEREAS, the City Council of the United City of Yorkville has determined that it will
promote the public health, safety and welfare, and that it is in the best interests of the City to amend
the City Code of the United City of Yorkville as set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows:
Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as
part of this Ordinance.
Section 2. Chapter 2A (DUTCH ELM DISEASE) of Title 4 (PUBLIC HEALTH AND
SAFETY) of the United City Of Yorkville City Code is hereby amended by deleting the following
overstricken words, and adding the following underlined words:
4 -2A -1: NUISANCES DECLARED:
A. Dutch Elm Diseased Trees: Any elm tree infected with Dutch elm disease, as �'�
by labor- * ^n• an a l ys i s, is hereby declared to be a public nuisance and subject to
abatement as such; and it shall be unlawful for any person, being the owner of property
whereon such a tree is sutuated to possess or keep such a tree after notification of the
discovery of said infection.
B. Dead Trees: Trees or parts thereof in a dead or dying condition that may serve as a
breeding place for the European elm bark beetle, Scolytus Multistriatus, are hereby
declared to be public nuisances, and it shall be unlawful for the person owning property
whereon the same is situated to possess or keep the same. (Ord. 1958 -40, 6- 12 -58).
4 -2A -2: NOTICE TO ABATE; DUTY OF OWNER TO REMOVE OR BURN:
A. The Supefinten ° ~+ Director of Public Works or his representative shall give to the
owner of the premises where the public nuisances described in Section 4 -2A -1 of this
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Article are found a written notice of the existence of such nuisance, which notice shall
require the removal and bur in of the same within ten (10) days following such notice,
such removal and burning to be under the direction and supervision of the
SupeFinte„a Director of Public Works or his representative; and it shall thereupon
become the duty of such owner to abate such nuisance. The said notice shall also notify
the owner of said premises that unless such nuisance is removed and burned in
compliance with the terms thereof within such ten (10) day period, the City will proceed
with the removal and burning of such nuisance and assess the owner for fifty pere
(50%) one hundred percent (100 %) of the cost of removal and burning.
B. Service of such notice as hereinbefore referred to shall be by personal service where the
owner of said premises may be found in the City. Where the owner is a nonresident of the
City or upon reasonable diligence cannot be found or located within the City, said notice
shall be served by registered mail, addressed to said owner at his last known address.
(Ord. 1958 -40, 6- 12 -58; 1994 Code)
4 -2A -3: ABATEMENT BY CITY; COSTS:
If such owner shall neglect to abate such nuisance and cause the removal and burning of such
tree as hereinbefore provided, that it shall be lawful for the City, by its agents, servants or
independent contractors engaged by such City, to go upon such property to cut down, remove
a nd ea-use c burning-of such nuisance and to spray (either before or after such removal) an
area of one thousand (1,000) square feet surrounding such nuisance, and the owner shall be
assessed the sum of fift pereen %) one hundred percent (100 %) of the cost of such
removal and burning by the City. (Ord. 1958 -40, 6- 12 -58; 1994 Code)
4 -2A -4: DUTY TO REPORT EXISTENCE OF DISEASED TREES:
It is hereby made the duty of any person in the City to report to the City Clerk the existence of
any diseased elm tree of which such person has knowledge. (Ord. 1958 -40, 6- 12 -58)
4 -2A -5: BRINGING ELM WOOD INTO CITY:
It is unlawful for any person to bring into the City any dead or dying elm limbs, branches,
stumps or wood; and any cord wood, firewood or timber brought into the City shall contain
no elm wood. The Superintendent of Streets or his representative may stop any person from
bringing such wood into the City and, if necessary, abate said nuisance by causing the
removal and burning of such wood. (Ord. 1958 -40, 6- 12 -58)
4 -2A -6: ENTRY POWERS:
It is lawful for the City, by its agents, servants, employees or independent contractors engaged
by the City, to go upon any private property in the City for the purpose of examining elm
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trees to detect a diseased condition, for the purpose of removing a small portion of any branch
as a sample to be transmitted to a laboratory for tests, for the purpose of spraying any elm tree
and for the purpose of removing any elm tree. (Ord. 1958 -40, 6- 12 -58)
4 -2A -7: PENALTIES:
Any person violating any of the provisions of this Article shall be fined as provided in
Section 1 -4 -1 of this Code. Imposition of any penalty for a violation of this Article shall not
be construed as a waiver of the right of the City to collect the costs of removal of such
nuisances in accordance with the provisions of this Article, where it is necessary for the City
to remove such nuisances in accordance with the provisions hereof. (Ord. 1958 -40, 6- 12 -58;
1994 Code)
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Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage
and approval, and publication according to law.
Section 4. Severabilitv. In the event that any section, clause, provision, or part of this
Ordinance/Resolution shall be found and determined to be invalid by a court of competent
jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and
effect.
ROBYN SUTCLIFF V JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER Q
i
WALTER WERDERICH 7 MARTY MUNNS
ROSE ANN SPEARS y JASON LESLIE \ /
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Day of C l ��� , A.D. 2007.
h, � LE U44�
MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
n
`-'1 4b day of (9 �'iT0,8EP— , A.D. 2007.
ATTEST: �wo' K
F pu r y CITY CLERK
C/56312.1
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