Naperville Municipal Code 4-3-1:
Tree diseases, insect infestations and hazardous trees:
1.
Diseased Or Infested Trees: It shall be unlawful for the owner of any premises in the City to permit any tree to remain on such premises if any part of it is infected or infested with any of the following diseases or insects: Dutch elm disease, oak wilt disease, Asian long horned beetles, emerald ash borers, or any other disease or insect infestation which is deemed a nuisance by the Illinois Department of Agriculture or the United States Department of Agriculture. Further, it shall be unlawful to allow infestations of gypsy months to remain on any premises.
2.
Hazardous Trees: A tree, or portion thereof, that is substantially dead, or which is in an unstable condition, may be deemed to constitute a public hazard by the City if it is determined that its condition presents a reasonable likelihood of causing physical damage to person or property.
3.
Inspection/Determination Of Disease, Infestation, Or Hazard: Representatives of the City are hereby authorized to enter on private property on which there is located any tree having the appearance of or suspected of being diseased, infested, or a hazard as described herein for the purpose of inspecting said tree and/or removing samples or portions therefrom to assess its condition or to be tested if necessary to establish whether said tree is diseased and/or infested. A visual inspection of said tree by a qualified arborist employed by the City who determines that a tree is infected with a disease or infested with insects as defined in Subsection 4-3-1.1 of this Section, or constitutes a hazard, as defined in Subsection 4-3-1.2 of this Section, shall be sufficient for the tree to be declared a public nuisance as provided herein.
4.
Public Nuisance Declared:
4.1.
Upon a determination that a tree is diseased or infested as described herein, said tree, and all dead wood or debris which, because of its condition may serve as a breeding place for such disease or insects, or enable transmission of such disease or insects, is hereby declared to be a public nuisance.
4.2.
Upon a determination that a tree is a hazard as described herein, said tree is hereby declared to be a public nuisance.
5.
Notice To Owner: The City shall give written notice to the owner of the lot or parcel of land on which a diseased, infested, or hazardous tree is located requiring such owner to comply with the provisions of this Chapter. Said notice shall:
5.1.
Identify the property by common description; identify the tree, or portion thereof, affected and any associated dead wood or debris; specify the type of disease, infestation or hazard; indicate the time frame for treatment and/or removal and disposal of the tree, or designated portion thereof; and advise that if the tree, or designated portion thereof is not treated and/or removed and disposed of as provided herein, the City may take the necessary steps to do so and charge the costs therefor to the owner of the property in addition to any fine or penalty that may be assessed.
5.2.
Be given by personal service or by certified and regular mail and by leaving a copy on the property where such tree is located. If the location of the owner is unknown, notice shall be attempted by certified and regular mail at the owner’s last known address, and by leaving a copy of the notice on the premises.
6.
Removal By Owner: The owner of property on which a diseased, infested, or hazardous tree exists shall cause the treatment and/or removal and disposal of said tree, or portion thereof designated by the City, within ten (10) days of notification as provided herein, or within such additional period of time agreed to by the City. Treatment and/or removal and disposal of all diseased or infested tree material shall be done in compliance with applicable State and federal regulations.
7.
Abatement Of Nuisance: Where the owner of the parcel of land on which a diseased, infested, or hazardous tree is located cannot be found, or if found and notified as provided herein, neglects or refuses to abate said nuisance within ten (10) days as provided herein, or within such additional period of time as may be agreed to by the City, it shall be lawful for the City to abate the same by the treatment and/or removal and disposal of said tree, or parts thereof. Treatment, removal, and disposal of all diseased or infested tree material shall be done in compliance with applicable State and federal regulations.
8.
City Expenses: In the event that the City abates a nuisance on private property as provided herein, the owner of said property shall be liable for the reasonable costs incurred by the City therefor, plus interest calculated at the federal funds rate, in addition to any fine or penalty which may be assessed. The City may record a lien for said costs in the office of the recorder in which county such property is located.
(Ord. 08-136, 8-4-2008)
Help save your ash! Be proactive! Search online to see what other local communities and states are doing. Ask questions!
Visit the City’s notes as presented on its Web site or call the City of Naperville Forestry Section at (630) 420-6095.
Or contact a tree care service and ask to speak to a certified arborist.
Remember! If you find your private-property ash tree is diagonosed with infestation of the EAB, the City of Naperville Public Works Forestry Section will appreciate notification.
Also, spring and summer are the recommended times for preventative treatment as ash trees become dormant when the seasons change in autumn and winter.
Thanks for reading!
Help spread the word about the spread of the Emerald Ash Borer.
Our community can’t save every ash tree, but we also don’t have to lose all of them either.
During the February 7, 2011, CIP Budget Workshop, the City of Naperville heard plans (PA 040) to fund approximately $150,000 to fight the spread of the Emerald Ash Borer with a three-part plan to treat, cut and replace infested ash trees in 2012.
The goal to save as many of the city’s 15,507* ash trees as possible.
*Some ash trees were cut down in 2010, so that number is slightly lower.
