This chapter shall be known as and may be cited as the “Wilmington Tree Ordinance” of Wilmington, Illinois. (Ord. 1399, passed 12-18-01)

(A) Purpose. It is the purpose of this chapter to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the city of Wilmington, Illinois.
(B) Intent. It is the intent of the city council of Wilmington that the terms of this chapter be construed so as to promote:
(1) The planting, maintenance, restoration and survival of desirable trees, shrubs and plants within the city; and
(2) The protection of community residents from personal injury and property damage and the protection of Wilmington from property damage, caused or threatened by the improper planting, maintenance, or removal of trees, shrubs, or other plants, located within the community. (Ord. 1399, passed 12-18-01)

As used within this chapter the following terms shall have the meanings set forth in this section:
(A) “Arboricultural Specifications and Standards of Practice for Wilmington” (hereinafter “Arboricultural Specifications Manual”) means a manual prepared by the arborist pursuant to the ordinance containing regulations and standards for the planting, maintenance and removal of trees, shrubs and other plants upon city owned property.
(B) “Arborist” means the city arborist of Wilmington, Illinois.
(C) “City-owned property” means property within the city limits of Wilmington, Illinois and:
(1) Owned by the city in fee simple absolute or;
(2) Implied or expressly dedicated to the public for present or future use for purposes of vehicular or pedestrian traffic or for public easements.
(D) “Property owner” means the record owner or contract purchaser of any parcel of land.
(E) “Trees, shrubs and other plants” means all vegetation, woody or otherwise, except lawn grass and flowers less than 24 inches in height. (Ord. 1399, passed 12-18-01)

(A) Establishment. The Wilmington tree commission (hereinafter “tree commission”) is hereby established. Its functions and duties are limited to those set forth in this chapter.
(B) Composition. The tree commission shall be composed of eight commissioners. The mayor shall appoint five commissioners with the advice and consent of the city council. These five commissioners shall serve without pay and shall reside within the city of Wilmington, Illinois. The remaining three commissioners shall be ex-officio and shall not vote. The three ex-officio commissioners shall be the superintendent of public works, the director of parks and recreation of the Wilmington park district or his/her representative, and the arborist. Subject to the exceptions in subsection (C), immediately below, each commissioner of the tree commission shall serve for a term of three years.
(C) Appointment of Members. One of the five commissioners initially appointed to the tree commission, who is not an ex-officio member, shall serve for a term of one year; two of the five commissioners initially appointed shall serve for a term of two years. The remaining two commissioners initially appointed shall serve for a term of three years. Terms shall start on a common date. Determination of the length of terms of the five commissioners initially appointed shall be by lot. The mayor shall designate the chairperson of the tree commission.
(D) Expiration or Vacation of Terms. Within 30 days following the expiration of the term of any appointed commissioner, a successor shall be appointed by the mayor with the advice and consent of the council and the successor shall serve for a term of three years. Should any commissioner resign or be removed from tree commission, a successor shall be appointed by the mayor with the advice and consent of the council and shall serve for the unexpired period of the vacated term. The mayor with the advice and consent of the council may remove a member of the tree commission.
(E) Duties. The tree commission shall perform the following duties:
(1) Within a reasonable time after the appointment of the tree commission, upon call of the chairperson of the tree commission, the tree commission shall meet and adopt rules of procedure for regular and special meetings to fulfill the duties imposed upon it by this chapter.
(2) The tree commission shall advise and consult the arborist on any matter pertaining to the Wilmington tree chapter and its enforcement. The topics under which this advice and consultation may be given may include, but are not limited to, any of the following:
(a) Amendments to the Wilmington Tree Ordinance, and alterations or revisions to the Arboricultural Specifications Manual, and alterations or revisions of the Urban Forestry Plan;
(b) Policies concerning selection, planting, maintenance and removal of shrubs and other plants within the city,
(c) Allocation of funds to the arbor division, and expenditures of funds by the arbor division;
(d) Establishment of educational and informational programs;
(e) Development of policies and procedures regarding the arborist’s duties;
(f) Issuance of permits required by this chapter.
(3) The tree commission, upon the request of any person who disagrees with the decision of the arborist, shall hear all issues of the disputes which arise between the city arborist and any such person, whenever those issues involve matters or the interpretation or enforcement of the Arboricultural Specifications Manual, the Urban Forest Plan, or of the interpretation or enforcement of this chapter, including disputes regarding the issuance of permits, or the concurrence or nonoccurrence of the arborist, in permits required under other ordinances or laws, or the abatement of nuisances. The decision of a majority of the appointed members of the tree commission with regard to such dispute shall be binding upon the arborist. Nothing in this section shall be construed to limit the jurisdiction of any court of law with respect to such disputes. (Ord. 1399, passed 12-18-01)

(A) Establishment. The position of the arborist is hereby established.
(B) Duties. The arborist shall perform the following duties:
(1) The arborist, with the assistance of the tree commission, shall develop and, each subsequent year, update the Urban Forestry Plan. The plan shall outline urban forestry program activities for a minimum of the next five years. This plan shall describe the urban forestry activities to be undertaken by the city, the reasons for those activities, the possible funding source(s), the means of accomplishing the activities, the alternatives available to the city to fund or accomplish the activity, the projected date of completion, and the consequences if the activity is not completed. Activities may include but are not limited to street tree inventory, planting, tree removal, beautification projects and educational projects.
(2) The arborist with the assistance of the tree commission shall develop and periodically review and revise, as necessary, the Arboricultural Specifications Manual. This manual shall contain regulations and standards for the planting, maintenance and removal of trees, shrubs and other plants upon city-owned property.
(3) The arborist shall cause the Urban Forestry Plan and the Arboricultural Specifications Manual and all revisions and amendments to it, to be published and promulgated and shall cause three copies of the manual, and all revisions and amendments to it, to be available for public inspection at the office of the city hall. Notice that such information is available for public inspection shall be published in a newspaper of general circulation with Will County at least one weekday of each of four consecutive weeks immediately following the initial availability of the Arboricultural Specifications Manual or revisions or amendments thereto. The Arboricultural Specifications Manual and any revisions and additions thereto shall become effective on the 10th day following the final publication in a newspaper of general circulation required under this paragraph.
(4) The arborist shall make available to any interested person copies of the tree chapter, information about the activities of the tree commission, copies of the Arboricultural Specifications Manual and copies of the Urban Forestry Plan.
(5) The arborist shall administer the Urban Forestry Plan, the tree chapter and the provisions of the Arboricultural Specifications Manual.
(6) The arborist shall perform whatever acts are necessary, including the planting and maintenance of trees, shrubs and other plants located on city-owned property, to conform with the Urban Forestry Plan, the Arboricultural Specifications Manual and this chapter.
(7) The arborist shall issue such permits as are required by this chapter and shall obtain as a condition precedent to the issuance of such permits the written agreement of each person who applies for such permits that he or she will comply with the requirements of this chapter, the Urban Forestry Plan and with the regulation and shall have the right to inspect all work performed pursuant to such permits. If the arborist finds that the work performed is not in compliance with the requirements of this chapter, the Urban Forestry Plan or the regulations or standards of the Arboricultural Specifications Manual, the arborist shall provide written notice of his/her findings to the permit applicant. The notice shall contain a copy of Section 100.04 of this chapter and;
(a) The permit shall be nullified and shall be void and;
(b) The arborist may issue a written order that the permit applicant cease and desist all work for which the permit was required and;
(c) The permit applicant shall be subject to penalty under the terms of this chapter and;
(d) The arborist may take steps to correct the results of the non-complying work and the reasonable costs of such steps shall be charged to the permit applicant.
(8) The arborist shall establish a program of public information and education that will encourage the planting, maintenance, or removal of trees, shrubs and other plants on private property in furtherance of the goals of the Urban Forestry Plan. (Ord. 1399, passed 12-18-01)

(A) Scope of requirement. No person except the arborist, an agent of the arborist or a contractor hired by the arborist may perform any of the following acts without first obtaining from the arborist a permit for which no fee shall be charged. Nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law.
(1) Plant on city-owned property or treat, prune, remove or otherwise disturb any tree, shrub or other plant located on city-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to city-owned property from watering or fertilizing, without a permit, any tree, shrub or other plant located on such city-owned property;
(2) Trim, prune or remove any tree or portions thereof if such tree or portion thereof reasonably may be expected to fall on city-owned property and thereby to cause damage to persons or property;
(3) Place on city-owned property either above or below ground level, a container for trees, shrubs or other plants;
(4) Damage, cut, tap, carve, or transplant any tree, shrub, or other plant located on city-owned property;
(5) Attach any rope, wire, nail, sign, poster or any other manmade object to any tree, shrub or other plant located on city-owned property;
(6) Dig a tunnel or trench on city-owned property;
(B) Issuance. Within seven days of receipt of the application, the arborist shall issue a permit to perform within 30 days of the date of issuance any of the acts specified in subsection (A) immediately above, for which a permit is requested whenever:
(1) Such acts would result in the abatement of a public nuisance;
(2) Such acts are not inconsistent with the development and implementation of the Urban Forestry Plan or with any regulations or standards of the Arboricultural Specifications Manual;
(3) An application has been signed by the applicant and submitted to the arborist detailing the location, number, size and species of trees, shrubs or other plants that will be affected by such acts, setting forth the purpose of such acts and the methods to be used and presenting any additional information that the arborist may find reasonably necessary;
(4) The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this chapter, the Urban Forestry Plan and with the regulations and standards set forth in the Arboricultural Specifications Manual;
(5) The applicant certifies that he or she has read and understands those provisions of the Urban Forestry Plan, this chapter and the Arboricultural Specifications Manual which are pertinent to the work for which the permit is sought;
(6) If the work for which a permit is issued entails the felling of any tree or part thereof located on private property, which, as a result of such felling reasonably may be expected to fall upon city owned property and if such felling is done by one other than the owner of the property on which such felling is done, then the applicant shall agree to indemnify and hold the city of Wilmington harmless for all damages resulting from work conducted pursuant to the permit and shall deposit with the city clerk a Liability Insurance Policy in the amount of $100,000 per person/$300,00 per accident for Bodily Injury Liability and $50,000 aggregate for Property Damage Liability, which policy shall name the city of Wilmington as an additional insured.
(C) Public Utility Companies. Nothing in this section shall be construed to exempt public utility companies or their agents from any of the requirements of this chapter. (Ord. 1399, passed 12-18-01)

(A) Definition. The following are hereby declared public nuisances under this chapter:
(1) Any dead or dying tree, shrub, or other plant, whether located on city-owned property or on private property;
(2) Any otherwise healthy tree, shrub or other plant, whether located on city-owned property or on private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree, shrub or other plant;
(3) Any tree, shrub or other plant or portion thereof, whether located on city-owned property or on private property, which by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public;
(4) Any tree, shrub or other plan or portion thereof whether located on city-owned property or on private property which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street sign on city property.
(5) Any tree, shrub or other plant or portion thereof whether located on city-owned property or on private property that dangerously obstructs the view as such may be determined by the city engineer pursuant to this chapter.
(B) Right to inspect. The officers, agents, servants and employees, of the city have the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance.
(C) Abatement. The following are the prescribed means of abating public nuisances under this chapter:
(1) Any public nuisance under this chapter which is located on city-owned property shall be pruned, removed or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
(2) Any public nuisance under this chapter which is located on private property shall be pruned, removed or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied:
(a) The arborist shall provide written notice to be personally served or by registered mail, to the person to whom the general taxes for the last preceding year were sent;
(b) Such notice shall describe the kind of tree, shrub or other nuisance, its location on the property and the reason for declaring it a nuisance;
(c) Such notice shall describe by legal description or by common language the premises;
(d) Such notice shall state the actions that the property owner may undertake to abate the nuisance;
(e) Such notice will require the elimination of the nuisance no less than 30 days after the notice is delivered or sent.
(3) The arborist is empowered to cause the immediate abatement of any public nuisance provided that the nuisance is determined by the arborist to be an immediate threat to any person or property. (Ord. 1399, passed 12-18-01)

No person shall unreasonably hinder, prevent, delay or interfere with the arborist or his/her agents while engaged in the execution or enforcement of this chapter. (Ord. 1399, passed 12-18-01)

Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to the provisions of this chapter, upon being found guilty of violation, shall be subject to a fine not to exceed $200 for each separate offense, each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this chapter, the injury, mutilation or death of a tree, shrub or other plant located on city-owned property is caused, the cost of repair or replacement of such tree, shrub or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens as published by the International Society of Arboriculture. (Ord. 1399, passed 12-18-01)

Any party who elects to dispute any action or decision by the city arborist or tree commission shall be entitled to appeal to the city council for a final determination. (Ord. 1399, passed 12-18-01)