19.01 PUBLIC NUISANCES PROHIBITED
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Deerfield.
19.02 DEFINITIONS
(1) Public Nuisance. A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
(b) In any way render the public insecure in life or in the use of property.
(c) Greatly offend the public morals or decency.
(d) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
(2) Public Nuisance Affecting Health. The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of subsection (1) of this section.
(a) All decayed, harmfully adulterated or unwholesome food or drink offered for sale to the public.
(b) Carcasses of animals, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
(c) Accumulations of decayed animal or vegetable matter, trash, rotting lumber, bedding, package material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.
(d) All stagnant water in which mosquitoes, flies or other insects may multiply.
(e) Privy vaults and garbage cans which are not fly tight.
(f) All noxious weeds and other rank growth of vegetation.
(g) All dogs running at large.
(h) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Village limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property in the Village.
(i) The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery, or industrial wastes or other substances.
(j) Any use of property, substances or things within the Village of Deerfield emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village.
(k) All abandoned wells not securely covered or secured from public use.
(l) All animals or fowl kept within the Village of Deerfield in violation of §10.03(3) of this Code.
(3) Public Nuisances Offending Morals and Decency. The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of 19.02(1) of this Chapter.
(a) All disorderly houses, bawdy houses, houses of ill fame, buildings or structures kept of resorted to for the purposes of prostitution or promiscuous sexual intercourse.
(b) All gambling devices and slot machines.
(c) All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by the ordinances of the Village of Deerfield.
(d) Any place or premises within the Village of Deerfield where village ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
(e) Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverage in violation of the laws of the State of Wisconsin or ordinances of the Village.
(4) Public Nuisances Affecting Peace and Safety. The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of (1) of this section:
(a) All signs and billboards, awning and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.
(b) All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which because of its color, location, brilliance or manner of operation interferes with the effectiveness of any such device, sign or signal.
(c) All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
(d) All limbs of trees which project over and less than 14 feet above the surface of a public sidewalk or street or less than 10 feet above any other public place.
(e) All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Village.
(f) All buildings or structures so old, dilapidated or out or repair as to be dangerous, unsafe, insanitary or otherwise unfit for human use.
(g) All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
(h) All loud, discordant and unnecessary noises or vibration of any kind.
(i) The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons with the Village.
(j) All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the Village or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished.
(k) All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
(l) All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside.
(m) Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather obstructing traffic and free use of the streets and sidewalks.
(n) Repeated or continuous violations of the ordinances of the Village or laws of the State of Wisconsin relating to the storage of flammable liquids.
(o) All snow and ice on sidewalks not removed as required by section 5.08, Deerfield Village Code.
(p) All radio transmission units and other electronic devices which are used in such a way as to interfere with the radio and television reception of other residents in the Village.
(q) All trees, rocks, fences or other objects located within the right of way of any public street, alley or highway, regardless of whether the street, alley or highway is actually built.
19.03 ENFORCEMENT OF PROHIBITION OF THOSE PUBLIC NUISANCES DEFINED IN § 19.02
(1) Filing and Review of Complaints. Any and all complaints regarding those public nuisances defined in § 19.02 of the Deerfield Village Code shall be filed with the police department. An officer of the police department shall promptly inspect the alleged public nuisance and shall prepare a written report describing the alleged public nuisance. The written report shall be presented tot he Chief of Police for his review and consideration.
(2) Procedure in Emergency Situations. In the Chief of Police, in his sole discretion, determines that the alleged public nuisance presents an emergency, then the Chief of Police shall issue a citation and may take immediate action to abate the public nuisance. In such circumstances, the Chief of Police shall have the authority to contact employees assigned to the Department of Public Works and to request their assistance in abating the nuisance.
(3) Procedure in Non-Emergency Situations. If the Chief of Police, in his sole discretion, determines that the alleged public nuisance is not an emergency, then the Chief of Police shall provide a notice to the owner advising the owner of the complaint and requesting that the alleged public nuisance be abated within a period of not more than five (5) days. A police officer shall reinspect at the end of the five (5) day period. If the owner has not abated the alleged public nuisance within the time required by the notice, then the Chief of Police shall either (a) seek recommendation from the appropriate village board committees or representatives (such as the Board of Health or the Building Inspector) regarding the issuance of a citation for the alleged public nuisance and the steps that the Village should take to abate the public nuisance or (b) issue a citation and take those actions reasonably necessary to abate the alleged public nuisance.
(4) Penalties. The penalties for violation of those public nuisances defined in §19.02 and prohibited by §19.01 may include a forfeiture of $20.00 to $500.00 as well as reasonable actual cost of abatement. The costs of abating said nuisance by the Village shall be collected as a debt from the owner, occupant, or person causing, permitting or maintaining a nuisance, and if notice to abate the nuisance has been given to the owner, such costs may be assessed against the real estate as a special charge or pursued against said person personally as provided in §823.06 of the Wisconsin Statutes. Each day the violation continues may be considered by the judge to be a separate violation.
(5) Other Methods Not Excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village of Deerfield or its officials in accordance with other laws of the State of Wisconsin not enumerated in this Chapter.
19.05 ABANDONED VEHICLES
(1) Purpose. It is the purpose of this section to provide for the disposal of abandoned or junk vehicles which are discarded or otherwise permitted to remain on public property or private property within the Village of Deerfield.
(2) Declaration. The Village Board hereby finds that abandoned vehicles, as defined in this section, which are located on public property or private property within the Village of Deerfield are detrimental to the safety, morals, health, and general welfare of the citizens of the Village and are a detriment to the economic welfare of the Village by producing a scenic blight which is adverse to the maintenance and continuing development of the Village, and such vehicles are declared to be a public nuisance and a safety and health hazard.
(3) Definitions. For the purpose of this section, the following terms shall have the following meanings:
(a) "Vehicle” means any motor vehicle as defined in the Wisconsin Statutes, automobile, motorcycle, truck, trailer, semi-trailer, truck-tractor, bus, school bus, house car, motorbicycle, wagon, farm machinery, every device in, upon or by which any persons or property are or may be transported, every type of equipment on wheels, and any vehicle which is so defined by the Wisconsin Statutes.
(b) "Abandoned” when used in conjunction with the term vehicle, means:
1. Any vehicle located on public property or private property which does not have lawfully affixed thereto or displayed thereon a valid, unexpired license plate which permits its operation upon the highways of the State of Wisconsin or a valid unexpired “municipal license” as hereinafter defined.
2. Any vehicle or part thereof which is left on public property continuously without being moved for a period of 48 hours or more.
3. Any vehicle or part thereof located on public property illegally or in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or other vehicle traffic on a public right-of-way, street, or highway.
4. Any vehicle or part thereof which has remained on private property without the consent of the owner or person in control of such private property, for a continuous period of 48 hours or more.
5. Any “inoperative motor vehicle,” which is defined to be any motor driven vehicle that cannot move under its own power due to defective or missing parts and has remained in such condition for a period of not less than 30 consecutive days.
6. Any vehicle which has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance other than this section, the violation of which may require the removal and impoundment of said vehicle, and which vehicle once impounded is not claimed or redeemed by the owner or the owner’s agent within 30 days of its removal.
(c) "Parts” means all component parts of a vehicle which are in a state of disassembly, or are assembled with other vehicle component parts, but which, in their state of assembly, do not constitute a complete vehicle.
(d) "Public Property” means any public right-of-way, street, highway, alley, part, parking lot, or any other state, county, or municipally owned property.
(e) "Private Property” means all privately owned property which is not classified within the definition of public property.
(f) "Person” means all natural persons, firms, partnerships, and corporations.
(g) "Owner” means the last known record title holder to a vehicle according to the records of the Wisconsin Motor Vehicle Department.
(h) "Municipal License” is a license granted by the police department of the Village of Deerfield for vehicles which are not inoperative but which do not have a valid, unexpired state license plate.
(4) Exceptions. Notwithstanding subsection (3) hereof, the following shall not be included in the definition of abandoned vehicles:
(a) Any “special interest vehicles,” and “parts cars,” as defined by Section 341.266 of the Wisconsin Statutes, provided that the same are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means; provided, however, this exception shall not grant any rights or privileges to use any private property in violation of any village, state, or federal ordinance, law, or regulation, including zoning ordinances and statutes.
(b) Any “homemade vehicles,” “reconstructed vehicles,” and “parts cars” as defined by Section 341.268 of the Wisconsin Statues, provided that such vehicles are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means; provided, however, this exception shall not grant any rights or privileges to use any private property in violation of any village, state, or federal ordinance, law, or regulation, including zoning ordinances and statutes.
(c) Any vehicle which is located on private property with the consent of the owner or said property or the person in control of said property and which vehicle is screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means; provided, however, this exception shall not grant any rights or privileges to use any private property in violation of any village, state, or federal ordinance, law, or regulation, including zoning ordinances and statutes.
(d) Any vehicle which is not in an inoperative condition and which is specifically adapted or constructed for operation on privately-owned raceways.
(e) Any vehicle which is not in an inoperative condition and which is stored as the personal property of a member of the armed forces of the United States who is on active duty assignment.
(f) Any vehicle which is not in an inoperative condition and which is located on a vehicle sale lot, at a commercial vehicle servicing facility, or upon premises duly licensed or zoned as a junk yard, auto graveyard, or scrap processing facility.
(g) For purposes of this Section 19.05, only attractive and well-maintained wooden fences of between five and one-half feet and six and one-half feet in height shall be deemed acceptable fences to screen vehicles from ordinary public view.
(5) Municipal License. The police department of the Village of Deerfield is hereby authorized to grant a “municipal license” for motor vehicles which are not inoperative and which do not have a valid, unexpired state license plate. Such municipal license shall be granted for a period of not more than one year, shall require a license fee in an amount to be set by the Village Board, and may contain such conditions upon its storage and placement on private property as the police department may deem reasonable and appropriate. Notwithstanding the foregoing, such municipal license shall not authorize the holder thereof to operate said motor vehicle except upon the private property on which it is stored.
(6) Prohibition. No person shall abandon a vehicle on any public property or private property.
(7) Presumption of Abandonment. There is hereby created a prima facia presumption that the owner of an abandoned vehicle is responsible for the abandonment and is thereby liable for all of the costs and forfeitures incidental to the abandonment, removal, storage, and disposal of such vehicle.
(8) Penalty. Any person found to be in violation of this chapter shall be subject to a forfeiture of not less than $20.00 and not more than $200.00. Each day or part thereof of violation may be considered a separate violation of this section. Notwithstanding the forgoing, the court of competent jurisdiction may waive any or all of such forfeiture in the event the person who is found to have violated this section removes any and all such abandoned vehicle or parts thereof within a period not to exceed 10 days from the initial determination of such abandonment. In addition to or in lieu of the foregoing forfeiture, the court may direct that any abandoned vehicle or part thereof be impounded until lawfully claimed or disposed of under subsection (9) hereof except that if it is deemed by the court that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle or part, the vehicle or part may be junked or sold by the Village prior to expiration of the impoundment; upon notification by the police chief or his designee that the vehicle or part is not stolen or otherwise wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with subsection (9) hereof.
(9) Removal, Storage, Notice, Reclaimer, or Disposal of Abandoned Vehicles. The provisions of this subsection shall apply to the removal, storage, notice, reclaimer, or disposal of abandoned vehicles or parts.
(a) Removal. If so directed by the court per subsection (8) hereof, any member of the police department may cause the abandoned vehicle or part thereof to be removed to a suitable place of impoundment. The police department shall maintain files which identify the location of all such impounded vehicles or parts.
(b) Storage and Reclaimer. Any abandoned vehicle or parts not disposed of under subsection (c) hereof shall be retained in storage for a minimum period of 10 days after certified mail notice, as hereinafter provided, has been sent to the owner and lienholders of record to permit reclamation of the vehicle or parts after payment of accrued charges. Any abandoned vehicle or parts which may be lawfully reclaimed may be released upon the payment of accrued charges, including towing, storage, and notice charges and upon presentation of the vehicle title or other satisfactory evidence to the police department to prove an ownership or lienholder interest in said vehicle or parts.
(c) Notice to Owner or Lienholders of Record. Pursuant to Section 342.40(3), Wisconsin Statutes, certified mail notice, as referred to herein, shall notify the owner of the abandoned vehicle or parts, if any, and/or the lienholders of record, if any, of the year, make, model, and serial number of the abandoned vehicle or parts and the place where the vehicle or parts are being held and shall inform the owner or any lienholder of their right to reclaim the vehicle or parts. The notice shall state that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle under this subsection shall be deemed a waiver of all right, title, and interest in the vehicle or parts and that the vehicle or parts have been deemed abandoned and impounded by the Village of Deerfield; and if the “determined value” of the abandoned vehicle or parts or the cost of towing and storage charges will exceed the determined value of the vehicle or parts; that if the vehicle or parts are not wanted for evidence or other reason, the vehicle or parts may be reclaimed upon the payment of all accrued charges, including towing, storage, and notice charges, within 10 days of the date of the mailing of the notice, unless the police department has determined that the cost of towing and storage charges for impoundment will exceed the value of the vehicle or parts.
(d) Disposal of Abandoned Vehicles. Any abandoned vehicle or parts impounded by the Village of Deerfield which have not been reclaimed or junked or sold by direct sale by a licensed salvage dealer pursuant to the provisions hereof, may be sold by public auction, sale, or public sale calling for the receipt of sealed bids pursuant to Section 342.40(3)(c), Wisconsin Statutes. Class 1 notice, including the description of the vehicle, the name and address of the owner and lienholders of record, if known, as well as the information contained in the notice sent to the owners and lienholders of record, and the time of sale, shall be published before the sale, at which sale the highest bid for any such motor vehicle shall be accepted unless it is deemed inadequate by the police department, in which case all bids may be rejected. If all bids are rejected or no bid is received, the police department may readvertise the sale, adjourn the sale to a definite date, sell the vehicle or parts at a private sale, or junk the vehicle or parts. Any interested person may offer bids on each abandoned vehicle or parts to be sold.
(e) Removal of Purchased Vehicles. The purchaser shall have 10 days to remove the vehicle or parts from the storage area, but shall pay storage fee for each day the vehicle or parts remain in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle or parts and the vehicle or parts shall be abandoned and may be sold again.
(f) Report of Sale or Disposal. Within 5 days after the direct sale or disposal of a vehicle or parts as provided in this subsection, the police department shall advise the State of Wisconsin, Department of Transportation, Division of Motor Vehicles, of such sale or disposal on a form supplied by said division. A copy of the form shall be given to the purchaser of said vehicles.
(g) Owner Responsible for Impoundment and Disposal Costs. The owner of any abandoned vehicle or parts, except a stolen vehicle or parts, is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Costs not recovered from the sale of the vehicle or parts may be recovered in a civil action by the Village against the owner.
(10) Emergency Removal. Notwithstanding anything to the contrary contained in this section, the police department is hereby authorized to remove and store any vehicle or parts which it reasonably determined to be abandoned, without such determination by the court, if the department determines that the vehicle or parts are located on public property illegally or in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or other vehicle traffic on public property or in such a manner as to constitute an immediate health or safety hazard, whether located on public property or private property. Prior to such removal, the police department shall attempt, if time permits, to take photographs of the vehicle or parts to be removed. Following such removal and impoundment, the procedures specified herein for a court determination of abandonment shall be initiated.
(11) Severability. Should any provision, clause, or phrase of this section by held invalid or unconstitutional for any reason, such holding shall not affect the validity of the section as a whole or any part thereof other than the part so declared invalid or unconstitutional.
(12) Effect on Existing Violations. The repeal of the existing ordinance on abandoned vehicles and the adoption of this section shall not affect the prosecution of any cases under the prior ordinance.
19.06 DUTCH ELM DISEASE
(1) Office of Village. The office of Village Forester is hereby created to be filled by appointment as provided in §2.02(1)(a) of this code. The Village Forester shall have the powers and perform the duties imposed by this ordinance and by Chapter 27 of the Wisconsin Statutes.
(2) Definitions. As used in this ordinance, unless otherwise clearly indicated by the context:
(a) "Public nuisance” means:
1. Dutch elm disease.
2. Elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.)
3. Any living or standing elm tree or part thereof infected with the Dutch elm disease fungus or in a weakened condition which harbors any of the elm bark beetles, Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.).
4. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying concentrate.
(b) "Public property” means premises owned or controlled by the Village, including without limitation because of enumeration, public sites, parks, playgrounds, streets, alleys, sidewalks, boulevards, and the terrace strip between the lot line and the curb or improved portion of any public way.
(c) "Person” means person, firm or corporation.
(3) Inspection.
(a) The Village Forester shall inspect or cause to be inspected at least twice each year all premises and places within the Village to determine whether any public nuisance exists thereon. He shall also inspect or cause the inspection of any elm tree reported or suspected to be infected with the Dutch elm disease or any elm bark bearing material reported or suspected to be infested with elm bark beetles.
(b) Whenever necessary to determine the existence of Dutch elm disease or elm bark beetles in any tree, the person inspecting such tree shall remove or cut specimens from the tree in such manner as to avoid permanent injury thereto and deliver such specimens to the Village Forester who shall forward then to the Wisconsin Department of Agriculture at Madison for analysis to determine the presence of such nuisances.
(c) The Village Forester and his agents or employes shall have authority to enter upon private premises at reasonable times for the purpose of carrying out any of the provisions of this ordinance.
(4) Abatement of Nuisances.
(a) The Village Forester shall order, direct, supervise and control the abatement of public nuisances as defined in this ordinance by spraying, removal, burning or by other means which he determines to be necessary to prevent as fully as possible the spread of Dutch elm disease fungus or the insect pests or vectors known to carry such disease fungus.
(b) Whenever the Village Forester, after inspection or examination, shall determine that a public nuisance as herein defined exists on public property in the Village, he shall immediately abate or cause the abatement of such nuisance in such manner as to destroy or prevent as fully as possible the spread of Dutch elm disease or the insect pests or vectors known to carry such disease fungus.
(c) When the Village Forester shall determine with reasonable certainty that a public nuisance exists upon private premises (or upon the terrace strip between the lot line and the curb), he shall immediately serve or cause to be served personally or by registered mail upon the owner of such property (or the abutting property), if he can be found, or upon the occupant thereof, a written notice of the existence of such nuisance and of a time and place for a hearing, not less than fourteen (14) days after service of such notice, on the abatement action to be taken. Such notice shall describe the nuisance and recommended procedures for its abatement, and shall further state that unless the owner shall abate the nuisance in the manner specified in the notice, or shall appear at the hearing to show that such nuisance does not exist or does not endanger the health of elm trees in the Village, the Village Forester shall cause the abatement thereof at the expense of the property owner served (or abutting property owner). If the owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the Village.
If after hearing held pursuant to this subsection it shall be determined by the Village Forester that a public nuisance exists, he shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within twenty-four (24) hours after such hearing, the Village Forester shall proceed to abate the nuisance and cause the cost thereof to be assessed against the property in accordance with the procedures provided in this ordinance. The Village Forester may extend the time allowed the property owner for abatement work but not to exceed ten (10) additional days.
(5) Spraying.
(a) Whenever the Village Forester shall determine that any elm tree or part thereof is infected with Dutch elm disease fungus or is in a weakened condition and harbors elm bark beetles, he may cause all elm trees within a 1000 foot radius thereof to be sprayed with an effective elm bark beetle destroying concentrate.
(b) In order to facilitate the work and minimize the inconvenience to the public of any spraying operations conducted under this ordinance, the Village Forester shall cause to be given advance public notice of such operations by newspaper, radio, television, public service announcements or other effective means and shall also cause the posting of appropriate warning notices in the areas and along the streets where trees are to be sprayed at least twenty-four (24) hours in advance of spraying. When any residue or concentrate from municipal spraying operations can be expected to be deposited on any public street, the Village Forester shall also notify the Chief of Police, who shall take all necessary steps to make and enforce temporary parking and traffic regulations on such streets as conditions require. Temporary “no parking” notices shall be posted in each block of any affected street at least twenty-four (24) hours in advance of spraying.
(c) When appropriate warning notices and temporary “no parking” notices have been given and posted in accordance with subsection (b) of this section, the Village shall not allow any claim for damages to any vehicle caused by such spraying operations.
(d) When trees on private property are to be sprayed, the Village Forester shall notify the owner of such property and proceed in accordance with the requirements of §19.06(4)(c) of this ordinance.
(6) Cost of Tree Care: Special Assessments.
(a) The cost of abatement of a public nuisance or spraying elm trees or elm wood at the direction of the Village Forester if the nuisance, tree or wood is located on public property, shall be borne by the Village.
(b) The cost of abating a public nuisance or spraying elm trees or elm wood located on private premises when done at the direction and under the supervision of the Village Forester shall be assessed to the property on which such nuisance, tree or wood is located as follows:
1. The Village Forester shall keep a strict account of the cost of such work or spraying and the amount chargeable to each lot or parcel and shall report such work, charges, description of lands to which charged and names and addresses of the owners of such lands to the Village Board on or before October 15 of each year.
2. Upon receiving the Forester’s report, the Village Board shall hold a public hearing on such proposed charges, giving at least fourteen (14) days advance notice of the time, place and purpose of such hearing to interested persons by publication in a newspaper of general circulation in the municipality and by mail to the owner of each property proposed to be charged. Each property owner shall be notified of the amount proposed to be assessed against his premises and the work for which such charge is being made.
3. After the hearing, the Village Board shall affirm, modify and affirm or disapprove such assessments by resolutions and shall cause a copy thereof to be published. Upon adoption and publication of such resolution, assessments made thereby shall be deemed final.
4. The Village Clerk shall mail notice of the amount of such final assessment to each owner of property assessed at his last known address, stating that unless paid within thirty (30) days of the date of the notice, such assessment shall bear interest at the rate of six (6%) percent per annum and shall be entered on the tax roll as a delinquent tax against the property, and sale of property for delinquent real estate taxes shall apply to such assessment.
5. The Village hereby declares that in making assessments under this ordinance, it is acting under its police power, and no damages shall be awarded to any owner for the destruction of any diseased or infested elm tree or elm wood or part thereof.
(7) Prohibited Acts and Penalties. Any person who does any of the following acts within the Village of Deerfield shall upon conviction thereof forfeit not less than $10.00 nor more than $100.00 together with the costs of prosecution, and in default of payment thereof shall be imprisoned in the county jail until such costs and forfeiture are paid, but not exceeding sixty (60) days:
(a) Transports any bark-bearing elm wood, bark or material on public streets or highways or other public premises without first securing the written permission of the Village Forester.
(b) Interferes with or prevents any acts of the Village Forester or his agents or employees while they are engaged in the performance of duties imposed by this ordinance.
(c) Refuses to permit the Village Forester or duly authorized representative to enter upon his premises at reasonable times to exercise the duties imposed by this ordinance.
(d) Permits any public nuisance to remain on any premises owned or controlled by him when ordered by the Village Forester to abate such nuisance.
19.07 PENALTY
The penalty for violation of any provision of Chapter 19 of this code for which no penalty has been provided herein, shall be the penalty provided in §23.04 of this code. A separate offense shall be deemed on each day which a violation of any provision of this ordinance occurs or continues.