Ordinance 2009-06 Ordinance No. 2009-
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY
OF YORKVILLE, KENDALL COUNTY, ILLINOIS, DECLARING DUTCH ELM
DISEASE AND THE EMERALD ASH BORER AS NUISANCES
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly
existing non - home -rule municipality created in accordance with Article VII, Section 7 of the
Constitution of the State of Illinois of 1970; and,
WHEREAS, pursuant to Section 5/11 -20 -12 of the Illinois Municipal Code (65 ILCS
5/1 -1 -1, et seq.), the corporate authorities of the City have determined that it is in the best interest
of the City and the health, safety, and welfare of its residents to provide for the removal of elm
trees infected with Dutch elm disease or ash trees infected with the emerald ash borer (Agrilus
planipennis Fairmaire) from property not owned by the City or dedicated for public use when the
owner of such property refuses or neglects to remove any such tree, and to collect from the
property owner the reasonable cost thereof.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 4, Chapter 2A of the United City of Yorkville Code of Ordinances is
hereby deleted in its entirety and replaced with the following:
CHAPTER 2
PLANTS AND WEEDS
ARTICLE A. DUTCH ELM DISEASE AND EMERALD ASH BORER
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4 -2A -1: NUISANCES DECLARED:
A. Dutch Elm Diseased and Emerald Ash Borer Trees: Any elm tree infected
with Dutch elm disease and any ash tree infected with the emerald ash borer
(Agrilus planipennis Fairmaire) is hereby declared to be a public nuisance and
subject to abatement. It shall be unlawful for any property owner to possess
or keep such a tree after notification of the infection is given pursuant to this
Article.
B. Dead Trees: Trees or parts thereof in a dead or dying condition that may serve
as a breeding place for Dutch elm disease or the emerald ash borer (Agrilus
planipennis Fairmaire) are hereby declared to be public nuisances. It shall be
unlawful for any property owner to possess or keep such a tree after
notification of the infection is given pursuant to this Article.
4 -2A -2: NOTICE TO ABATE; DUTY OF OWNER TO REMOVE:
A. The director of public works or his representative shall give a written notice of
the existence of a nuisance described in Section 4 -2A -1 of this Article to the
owner of property whereon the public nuisance is found. Such notice shall
describe the nuisance, state the city ordinance which has been violated,
identify the property by common description and the tree or trees affected, and
require the removal of the nuisance within thirty (30) days. After notice has
been given, it shall become the duty of the property owner to abate the
nuisance. The removal and disposal of the nuisance shall be under the
direction and supervision of the director of public works or his representative.
Said notice shall also notify the property owner that unless the nuisance is
removed and disposed of in compliance with the terms of notice, the city will
proceed with the removal and disposal of the nuisance and assess the property
owner for one hundred percent (100 %) of the cost of removal and disposal.
B. Such notice shall be given by personal service or sent by registered mail to the
person to whom the tax bill for the general taxes for the last precedent year on
the property was sent.
4 -2A -3: ABATEMENT BY CITY; COSTS:
If the property owner shall neglect to abate the nuisance within thirty (30) days
after notice is given and thereafter causes the removal of such nuisance by the
city, then the city, by its agents, servants or independent contractors, shall have
the authority to go upon such property to cut down, remove the nuisance, and
spray (either before or after such removal) an area of one thousand (1,000) square
feet surrounding the nuisance, and the property owner shall be assessed the sum
of one hundred percent (100 %) of the cost of such removal and disposal by the
city.
4 -2A -4: LIEN; NOTICE OF LIEN:
A. Any cost incurred by the city to abate a nuisance described in this Article shall
be a lien upon the real estate affected, superior to all other liens and
encumbrances, except tax liens; provided that notice of the lien has been given
as hereinafter described, and that within sixty (60) days after such cost is
incurred the city, or person performing the service by authority of the city, in
its or his /her own name, files notice of the lien in the Kendall County
Recorder's Office.
B. The notice of lien shall consist of a sworn statement setting out (1) a
description of the real estate sufficient for identification thereof, (2) the
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amount of money representing the cost incurred or payable for the service,
and (3) the date or dates when such cost and expense was incurred by the city.
C. The lien shall not be valid as to any purchaser whose rights in and to such real
estate have arisen subsequent to the tree removal and prior to the filing of such
notice, and the lien shall not be valid as to any mortgagee, judgment creditor
or other lienor whose rights in and to such real estate arise prior to the filing of
such notice.
D. Upon payment of the cost by the owner of or persons interested in such
property after notice of lien has been filed, the lien shall be released by the
city or person in whose name the lien has been filed and the release may be
filed of record as in the case of filing notice of the lien.,
E. The cost of such tree removal shall not be a lien upon the real estate affected
unless notice is given pursuant to Section 4 -2A -2 of this Article.
4 -2A -5: 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 or ash tree of which such person has knowledge.
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4 -2A -6: BRINGING ELM OR ASH WOOD INTO CITY:
It is unlawful for any person to bring into the city any dead or dying elm or ash
limbs, branches, stumps or wood. Any cordwood, firewood, or timber brought
into the city shall contain no elm or ash wood. The director of public works 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 disposal of such wood.
4 -2A -7: ENTRY POWERS:
It is lawful for the city, by its agents, servants, employees or independent
contractors, to go upon any private property in the city to examine any elm or ash
trees for the purposes of detecting a diseased condition, removing a small portion
of any branch as a sample for laboratory tests, spraying, and removing and
disposing of any diseased tree.
Section 2. This Ordinance shall be in full force and effect upon its passage, approval,
and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
�_ day 2009.
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ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS ��� BOB ALLEN 0
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of 2009.
Mayor
Attest:
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