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 Wheaton
 Code of Ordinances
 Chapter 78. VEGETATION
 Article I. IN GENERAL

  § 78-9. Overhanging branches—Duty of owner to remove.  

Latest version.

  • (a)

    Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Owner shall mean a person or entity who has a vested interest in the property whether by deed, as beneficiary or owner in equity.

    Public way for purposes of this article only, public way shall mean that are that runs between property lines, dedicated for public conveyance.

    Right-of-way for purposes of this article only, right-of-way shall mean that area that runs between property lines, dedicated for streets.

    (b)

    [Removal of overhanging hazard.] Any tree or tree limb, shrub or other planting which overhangs any public way or right-of-way in such a way as to impede or interfere with traffic or travel, including safe line of sight, or interferes with any public or city utility or is dead, decaying or broken and likely to fall on or across any public way or right-of-way, may be determined to be a public hazard by the police chief, director of public works or their designees. Upon such determination, the director of public works or his designee shall serve or cause to be served upon the owner of the premises, a written notice to remove the overhanging branches within 21 days. If the police chief, director of public works or their designee(s) determine that the overhanging branches creating the public hazard imminently endangers the safety of the public, the written notice served upon the owner of the premises shall require removal of the overhanging branches within seven days. If upon diligent search, the identity, or whereabouts of the property owner of any real estate containing hazardous overhanging branches cannot be ascertained, the notice provided for in this section shall be posted near the main entrance of the structure on the property or in a conspicuous place on the property. It shall be unlawful for anyone to deface, tamper with or remove the notice from the property where it is posted unless authorized by the city.

(Code 1996, § 78-9; Ord. No. F-1739, § 1, 12-2-2013; Ord. No. O-2018-02, § 1, 1-16-2018)