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CITY OF WEST CHICAGO
FINANCE COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: __/2.@.
Ordinance No. 19-O-0029 — An Ordinance Amending the
Code of Ordinances of the City of West Chicago — Article | FILE NUMBER:
VI, Sections 10-44, 10-47, 10-49 and 10-51
COMMITTEE AGENDA DATE: 8/22/19
COUNCIL AGENDA DATE: 9/3/19
STAFF REVIEW: SIGNATURE
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
ITEM SUMMARY:
The attached Ordinance codifies a practice that has been in place to minimize liability associated with
tree management on larger, vacant parcels that the City owns.
STAFF RECOMMENDATION:
Staff recommends adoption of Ordinance No. 19-O-0029.
COMMITTEE RECOMMENDATION:

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ORDINANCE NO. 19-O0-0029
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF WEST CHICAGO - ARTICLE VI, SECTIONS 10-44, 10-47, 10-49 AND 10-51
WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is a body
politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS
5/1-1-1 et seq.; and
WHEREAS, the City is an Illinois home rule municipality; and
WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970,
provides that municipalities of more than twenty five thousand (25,000) in population are home
tule units and, subject to the specific limitations of Illinois law, may exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65
ILCS 5/1-1-1 et seq., to adopt ordinances pertaining to the public health, safety and welfare; and
WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”)
is the corporate authority for the City and is authorized by law to exercise all powers and to
control the affairs of the City; and
WHEREAS, the City Council possesses full power and authority to approve and pass all
necessary ordinances, resolutions, rules and regulations necessary for carrying into effect the
objects for which the City was formed, in accordance with the Illinois Municipal Code; and
WHEREAS, as an Illinois home rule municipality, the City has the authority, among
other things, to impose regulations concerning infested, diseased, dead and/or dying trees that
constitute a danger to the public health, safety, comfort and welfare; and
WHEREAS, Sections 10-44 through 10-50 of the Code of Ordinances of the City of
West Chicago contain provisions relative to abating, disposing and treating infested, diseased,
dead and/or dying trees that constitute a danger to the public health, safety, comfort and welfare;
and
WHEREAS, the City finds it is in the best interests of the City and the residents to
clarify the tree abatement and removal provisions set forth in the Code of Ordinances of the City
of West Chicago, consistent with private property rights, when treating trees on privately owned
property; and
WHEREAS, the City owns various types of real property throughout the City, some of
which property consists of large tracts of land that are not easily accessible by the general public
or City Staff, thereby rendering it, at times, difficult to ascertain or become aware of the
conditions of the trees on said properties; and

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WHEREAS, the City finds it in the best interests to amend Sections 10-44 through 10-50
of the Code of Ordinances of the City of West Chicago contains provisions relative to abating,
disposing and treating infested, diseased, dead and/or dying trees that constitute a danger to the
public health, safety, comfort and welfare, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Chicago, County of DuPage, Illinois, as follows:
SECTION 1: That the Code of Ordinances of the City of West Chicago is hereby
amended as follows:
“ARTICLE VI- INFESTED, DISEASED, DEAD AND/OR DYING
TREES
Sec. 10-44. - Purpose.
The city council, having found and determined that the existence of
infested, diseased, dead and/or dying trees constitutes a danger to the
public health, safety, comfort and welfare in that such conditions lead to
blight, fire, hazards, infestation, decreasing values to surrounding
properties, and decreasing woodlands, and that such neglect of property
entitles this city to exercise its police powers to protect the health, safety,
comfort and welfare of the community, intends the following regulations,
when the city learns, or becomes aware, of the existence of said trees, to
provide for the orderly abatement, disposition, and/or treatment of said
tree(s) which are determined, in accordance with the provisions contained
herein, to constitute a public nuisance. It is understood that the city is the
owner of certain public property, some of which is not in proximity to any
private property, is not accessible or used by the general public and is not
subject to regular inspections, as inspecting the entirety of all city property
would be both costly and time consuming. As a result, the city may not
become aware of the existence of infested, diseased, dead and/or dying
trees which may constitute a danger to the public health, safety, comfort
and welfare. This article does not impose an affirmative obligation on the
city to undertake a comprehensive inspection of all city property to assess
the existence of infested, diseased, dead and/or dying trees.
Sec. 10-47. - Enforcement of article.
The director is charged with enforcement of this article. The director when
he learns or becomes aware of the existence of infested, diseased, dead
and/or dying trees shall exercise his discretion to determine whether such
trees constitute a danger, as provided herein. To that end, the director is
duly authorized and empowered to enter upon private property, after
having made reasonable attempts to first obtain permission from the
owner, tenant, agent or occupant of the premises where the same are
situated, utilizing minimally intrusive means to enter upon private
property, at all reasonable hours for purposes of inspecting trees thereon,
which, in the discretion of the director he believes are a nuisance, as

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provided for herein. The director may remove such specimens which he
reasonably believes are infested, diseased, dead and/or dying and are
required for purposes of analysis to determine whether or not the same are
infected, infested, diseased, dead and/or dying. It shall be unlawful for any
person to prevent the director from entering on private property for
purposes of carrying out his duties under this article, or to interfere with
the director in the lawful performance of his duties under the provisions of
this article. It shall be unlawful for any person to knowingly permit or
maintain therein any tree that is infested, diseased, dead and/or dying.
Sec. 10-49, - Removal from private lands.
If the person upon whom due notice has been served, pursuant to the
provisions of the proceeding sections, fails, neglects, or refuses to remove
and properly dispose of such tree, or treat for the purpose of eradication of
such pest, within thirty (30) calendar days of the date of the notice, as
provided for herein, the director may cause such tree which the director
reasonably believes to be infested, diseased, dead and/or dying trees to be
removed and properly disposed, or treated for the purpose of eradication
of such pest, and assess costs thereof against the owner of such parcel of
land where the same were situated. Time extensions may be granted, by
the director, only upon receipt of a written request for such time
extensions by the person upon whom due notice has been served. All
requests for time extensions must provide reason for said extension and
must be received within the time provided for said removal. All reasonable
requests for an extension of time will be considered and will be granted
when, in the discretion of the director, or his duly authorized
representative, it is determined that the extension will not result in an
immediate danger to the public health, safety, comfort and welfare.
Sec. 10-51. City obligation for public lands.
The city owns various types of real property throughout the city. While
the city is diligent in its efforts to maintain all public property, it can prove
difficult, time consuming and costly to the taxpayers for the city to
inventory the consolidation of all trees on city property. Some of the
properties owned by the city consist of large tracts of land and are not
easily accessible by the general public or city staff.
It shall be the policy of the City that the director, with respect to tracts of
land in excess of 2.5 acres or 108,900 square feet, that cannot be
reasonably inspected with any consistency or regularity to determine the
existence of infested, diseased. dead and/or dying trees which constitute a
danger to the public health, safety, comfort and welfare. When the city is
on actual notice that infested, diseased, dead and/or dying trees are present
within its jurisdiction, the director shall exercise his enforcement powers,
as provided for herein. Any individual with questions as to the health of a

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tree, or portion thereof, shall immediately notify the city as to said
conditions.”
SECTION 2: All ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance, to the extent of such conflict, are expressly repealed.
SECTION 3: If any portion of this Ordinance is ruled or held to be unenforceable or
invalid for any reason, the enforceability thereof shall not affect the remainder of the Ordinance,
and the remainder of the Ordinance shall be construed as if not containing the particular
provision and shall continue in full force, effect and enforceability.
SECTION 4: This Ordinance and amendments provided herein shall be controlling over
any State law, which does not expressly limit the home rule authority of the City, including but
not limited to section 11-150-2 of the Illinois Municipal Code.
SECTION 5: This Ordinance shall be in full force and effect from and after its adoption,
approval and publication in pamphlet form as provided by law.
PASSED this 3" day of September 2019.
Alderman J. Beifuss Alderman L. Chassee
Alderman J. Sheahan Alderman H. Brown
Alderman A. Hallett Alderman M. Ferguson
Alderman M. Birch-Ferguson Alderman S. Dimas
Alderman K. Swiatek Alderman M. Garling
Alderman R. Stout Alderman J. Short
Alderman N. Ligino-Kubinski Alderman B. Gagliardi
TTT |
TTI
APPROVED as to form:
City Attorney
APPROVED this 3" day of September 2019.
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
PUBLISHED: September 4, 2019