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O-59-05ORDINANCE 0 -59-5 AN ORDINANCE to Provide for the Control of the Dutch Elm Disease, So- Called, to Declare Trees Infected Therewith a Nuisance, to Provide for the Removal and Destruction of Breeding Places of the European Elm Bark Beetle, to Pro- vide for Assessing the Cost of Such Removal and Destruc- tion Against the Owners of Private Property Whereon Situated, to Provide for the Inspection of Trees on Private Property to Determine the Existence of Said Disease, and to Provide' for Penalties for Violations hereof. BE IT ORDAINED by the President and Board of Trustees of the Village of Deerfield, lake County, Illinois: Section 1. DUTCH ELM DISEASED TREES DECLARED A PUBLIC NUISANCE. Trees ofall species and varieties of elm,'zelkova and planera affected with the fungus Ceratosomella ulmi, as determined by laboratory analysis, are hereby declared to be a public nuisance, and shall be removed and burned within ten days following notification of the discovery of such infection. I t shall be unlawful for any person, fi rm• or corporation being the owner of property whereon such a tree is situated,,to possess or keep such a'.-tree after the expiration of ten (10) days following notification of the discovery of said infection. Section II. ELM BARK BEETLE BREEDENG PLACES DECLARED A PUBLIC NUISANCE. Trees or -parts thereof of elm, zelkova, or.planera 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, firm or corporation owning property whereon the same is situated to possess or keep the same. Section III. ENFORCEMENT OF ORDINANCE BY:VILLAGE MANAGER. The Village Manager ii:s•;•charged with enforcement of this ordinance, and to that end may enter upon private property at all reasonable hours for purposes of inspecting trees thereon, and may remove such specimens as are.required for purposes of analysis to determine whether or not the same are infected. It shall be unlawful for any person, firm or corporation to prevent the Village Manager or his represetative entering on private property for pur- poses of carrying out his duties hereunder, or to interfere with such Village Manager or his representative in the lawful performance of his duties under the provisions of this ordinance. Section IV. REMOVAL OF PUBLIC NUISANCES:' .The Village Manager o'r6his repre- sentative shall give to the owner of the-premises where the public nuisances described in Sections l and II of this ordinance are found, a written notice of the existence of such nuisance, and requiring the. r-emova 1 and burning of same within ten (10) days following such notice, such removal and burning to be done under the direction and supervision of the Village Manager or his representative. The notice shall also notify the owner of said premises that unless such nuisance is removed and burned in compliance with the terms thereof within ten (10) days period, the Village will proceed with the re- moval and burning of such nuisance, and assess the cost thereof against the said property owner. Section-V. NOTICE OF REMOVAL TO OWNER. Service of such notice shall be by personal service where the owner of said premises is a resident of the- Village of Deerfield; where the owner is a non- resident of the Village of Deerfield 6aid notice shall be served by registered mail, addressed to said owner at his last known address, and by publication at least one time in'a newspaper of general circulation in the Village of Deerfield. Section VI. DUTY OF:OWNER TO REMOVE DISEASED TREE OR BREEDING PLACE. It shall thereupon become the duty of the owner of said premises to cause such tree or breeding place to be -removed and burned, under the di recti`on .and supervision of the Village Manager or his representative. In lieu thereof, 123 the person charged with such removal and burning may request that the same be done by the Village Manager or his representative. If the Village shall remove and burn any tree or breeding place, all expenses incurred in connection therewith shall be assessed against the property owner. Section VII, VILLAGE TO REMOVE ITS OWN TREES. Trees on Village owned property Section XI. This ordinance shall be in full force and effect from and after its passage, approval, recordation and publication as provided by law, and shall be known, referred.to and recited as "The Deerfield Dutch Elm Disease Ordinance of '1959." PASSED: This 14th day of January, 1959. AP PRO V _ ViII44CPresideht ATTEST: Village Clerk Published January 22, 1959 in the Deerfield-Review. shall be removed at the expense of .the Village. Section VIII. PENALTY. Any person, firm or corporation violating 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 sha 11 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 Village to collect the costs:of removal of such nuisances in accordance with the provisions of this ordinance. C9 Section IX. EFFECT OF PARTIAL INVALIDITY. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared.to be unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. Section X; All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section XI. This ordinance shall be in full force and effect from and after its passage, approval, recordation and publication as provided by law, and shall be known, referred.to and recited as "The Deerfield Dutch Elm Disease Ordinance of '1959." PASSED: This 14th day of January, 1959. AP PRO V _ ViII44CPresideht ATTEST: Village Clerk Published January 22, 1959 in the Deerfield-Review.