Ordinance 1958-40 1
A-- T M r '
•+r{ r
AN ORDINANCE TO PROVIDE FOR THE CONTROL OF DUTCH ELM DISEASE
IN THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, ILLINOIS
WHEREAS, the parkways and lawns in and about the United City
of the Village of Yorkville, Illinois, by virtue of the fore-
sight of past generations, are lined with many elm trees, and
WHEREAS, certain diseases, and in more particular, the
disease commonly known as "Dutch Elm", has been progressively
infecting elm trees throughout the United States, and presently
has infected trees in the United City of the Village of Yorkville,
Illinois and
WHEREAS, the said "Dutch Elm" disease is transmitted by
certain elm bark beetles, which disease if not controlled threat-
ens the destruction of the entire elm tree population in the
United City of the Village of Yorkville, Illinois and
WHEREAS, infected trees are detrimental to the public safety
and welfare of the residents of the United City of the Village
of Yorkville, Illinois,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS:
SECTION 1: Any elm tree infected with "Dutch Elm" disease
as determined by laboratory analysis is hereby declared to be
a public nuisance and subject to abatement as such; and it
shall be unlawful for any person, firm, or corporation, being
the owner of property whereon such a tree is situated, to
possess or keep such a tree after notification of the discovery
of said infection.
SECTION 2: Trees or parts thereof in a dead or dying condi-
tion that may serve as a breeding place for the European Elm
Bark Beetle, Scolytus Multistristus, are hereby declared to be
a public nuisance, and it shall be unlawful for the person,
firm or corporation owning property whereon the same is situated
to possess or keep the same.
SECTION 3 : The Superintendent of Streets and Alleys or his
representative shall give to the owner of the premises where
the public nuisances described in Sections 1 or 2 of this
ordinance are found, a written notice of the existence of such
nuisance, which notice shall require the removal and burning
of the same within ten (10) days following such notice, such
removal and burning to be under the direction and supervision
of the Superintendent of Streets and Alleys or his representa-
tive; 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 re-
moved and burned in compliance with the terms thereof within
such ten (10) day period, the City will proceed with the re-
moval and burning of such nuisance, and assess the owner for
50% of the cost of removal and burning.
If such owner shall neglect to abate such nuisance and
cause the removal and burning of such tree as hereinbefore
provided, then it shall be lawful for the United City of the
Village of Yorkville, Illinois by its agents, servants, or
511,Q,
t
r
2 -
independent contractors engaged by such City, to go upon such
property to cut down, remove and cause the burning of such
nuisance, and to spray (either before or after such removal)
an area of 1,000 feet surrounding such nuisance, and the owner
shall be assessed the sum of 50fo of the cost of such removal
and burning by the City.
SECTION 4: Service of such notice as hereinbefore re-
ferred to shall be by personal service where the owner of said
premises may be found in the City; where the owner is a non-
resident of the United City of the Village of Yorkville,Illinois,
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.
SECTION 5: It is hereby made the duty of any person, firm
or corporation in the United City of the Village of Yorkville,
Illinois to report to the City Clerk of the United City of the
Village of Yorkville, Illinois the existence of any diseased
elm tree of which such person, firm or corporation has knowledge.
SECTION 6: It is hereby made unlawful for any person, firm
or corporation to bring into the United City of the Village of
Yorkville, Illinois, any dead or dying elm limbs, branches,
stumps or wood; and any cord wood, fire wood or timber brought
into the City shall contain no elm wood, and the Superintendent
of Streets and Alleys or his representative may stop any person,
firm or corporation from bringgsuch wood into the city and if
necessary abate said nuisance by causing the removal and burn-
ing of such wcod.
SECTION 7 : That it is hereby made lawful for the City, by
its agents, servants, employees or independent contractors
engaged by the City, to go upon any private property in the
United City of the Village of Yorkville, Illinois for the pur-
pose of examining elm 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 re-
moving any elm tree.
SECTION 6: Penalty: Any person, firm or corporation vio-
lating any of the provisions of this ordinance shall be fined
not less than five dollars nor more than two hundred dollars
for each offense. Each day during which a violation of this
ordinance continues or is permitted shall be considered a
separate and distinct offense. Imposition of any penalty
for a violation of this ordinance 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 ordinance, where it is necessary for the City to re-
move such nuisances in accordance with the provisions of this
ordinance.
SECTION 9 : Should any section, paragraph, sentence,
clause or phrase of this ordinance be declared unconstitu-
tional or invalid for any reason, the remainder of this
ordinance shall not be affected thereby.
SECTION 10: This ordinance shall be in full force and
effect after its passage, approval and publication as re-
quired by law.
x �
- 3 -
PASSED by the City Council of the United City of the Village
of Yorkville, Illinois this 12th day of June A.D. , 1958
CITY CLERK
APPPROVED by me as Mayor of the United City of the Village of
Yorkville, Illinois this 12th day of June A.D. , 1958•
MAYOR