Chapter XII, Section II - Dutch Elm Disease

Sec. 12-2-1.    Notice to property owner.

Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth, health, life or well-being of trees or plants in the Town, or which is capable of causing an epidemic spread of communicable diseases or insect infestation, such as Dutch Elm Disease, the Town Clerk shall, at once, cause written notice to be served upon the owner of the property upon which such diseased tree is situated, which notice shall require such property owner to eradicate, remove or otherwise control such condition within a reasonable time to be specified (but not less than ten [10] days) in such notice.  (Ord. 321 §1, 1975)

Sec. 12-2-2.    Service of notice.

Notice, as provided for in Section 12-2-1 above, may be served by mailing a copy thereof to such owner, postage prepaid, certified mail, addressed to his or her last known address, and by posting a copy of such notice in a conspicuous place on the premises involved.  Service by mail shall be considered complete five (5) days after the notice is deposited in the mail and posted on the premises.  (Ord. 321 §2, 1975)

Sec. 12-2-3.    Penalty for violation.

It shall be unlawful for any person to fail to comply with the requirements of the notice, as provided in Section 12-2-1 above, and each violation shall be punished by a fine of not less than ten dollars ($10.00) nor more than twenty-five ($25.00) for each day that such violation continues.  (Ord. 321 §3, 1975)

Sec. 12-2-4.    Work done by Town.

If the work required to be done under Section 12-2-1 above is not accomplished within the time specified in the notice, the Town shall cause the work to be done and the cost of the same shall be collected from the property owner.  Any notice given pursuant to this Section will so advise the property owner.  If the Town causes the work to be done, the Town Clerk shall send a statement for the amount of the work to the property owner at his or her last known address.  Any such statement shall be paid by the property owner within thirty (30) days after the statement is mailed to him or her.  After such thirty-day period, any unpaid amount shall bear interest at the rate of six percent (6%) per annum.  If the property owner is unable to pay the cost of such work within thirty (30) days, he or she may enter into an agreement for the payment of the same in monthly installments over a period not to exceed five (5) years; and the unpaid cost shall, by agreement, be made a lien on the lands of such property owner.  Any unpaid balance due under such agreement shall bear interest at the rate of six percent (6%) per annum.  The agreement shall be filed in the County Clerk and Recorder's office.  (Ord. 321 §4, 1975)

Sec. 12-2-5.    Report to Town Board; assessments.

The Town Clerk shall, at the first meeting in July of the Town Board each year, report to the Town Board any costs for work done by the Town under this Section which have not been paid by the property owner or made the subject of an agreement with the property owner.  Notice of such report shall be mailed to the property owner at least ten (10) days prior to the meeting at which the report is to be presented to the Town Board.  The Town Board may, by ordinance, assess the cost of the work, together with an amount not to exceed seventeen percent (17%) to cover interest, legal and advertising fees and cost of collection, against the property of such owner.  Such assessment shall be certified by the Town Clerk to the County Treasurer and shall be on a parity with the tax lien for general state, county, city, town or school taxes.  Such assessment shall become delinquent on the first day of September after the date of assessment; and after the same becomes delinquent, shall be advertised and sold by the County Treasurers at the same time or times, in the same manner and under all the same conditions and penalties and with the same effect as now prescribed by the general laws of the State for the sale of real estate in default of payment of general taxes.  A copy of the assessment ordinance shall be mailed to the property owner at his or her last known address within ten (10) days after adoption of the ordinance.  (Ord. 321 §5, 1975)

Sec. 12-2-6.    Inspections.

In order to accomplish the purposes of this Section, the Town employees are authorized to go upon any property in the Town for the purpose of inspecting trees, shrubs and other plants.  (Ord. 321 §6, 1975)

Sec. 12-2-7.    Nonwaiver.

The imposition of any penalty for a violation of this Section shall not be construed as a waiver of the right of the Town to collect the costs in accordance with the provisions of this Section.  (Ord. 321 §7, 1975)