24.8. Violations.
« Back to TREES AND SHRUBS

(3)  In addition to any fines that may be assessed for violation of this section, the person shall pay to the Village a sum equal to the value or partial value of the tree lost as a result of the violation or replacement of trees as provided below. The value or partial value of the tree lost shall be as determined by the Village Forester using the most current edition of the Guide for Plant Appraisal prepared by the Council of Tree and Landscape Appraisers, and edited, published and copyrighted by the International Society of Arboriculture. Various factors used in the tree value calculations for northern Illinois shall be obtained from the most current edition of the Species Ratings and Appraisal Factors for Illinois prepared by the Illinois Arborist Association.  

(4)  Whoever violates this Code, in addition to any other fines, or fees, shall be subject to the following provisions:

    (a) Fines:

1 ^st  Offense    $500

2 ^nd Offense    $1,000

3 ^rd and Subsequent Offense    $2,500

All violations that are committed by the same person or any firm controlled by such person shall be counted, regardless of whether or not the violations occur at the same time.  Any finding or plea of guilty or plea of “no contest” upon a citation shall be deemed a violation.

    (b) Replacement of each tree unlawfully removed under the following scheme:

Removed 10-12 inch diameter tree*        Replace with 3 trees**

Removed 13-19 inch diameter tree*        Replace with 4 trees**

Removed 20-25 inch diameter tree*        Replace with 5 trees**

Removed 26-29 inch diameter tree*        Replace with 6 trees**

Removed 30-35 inch diameter tree*        Replace with 7 trees **

Removed 36 or greater inch diameter tree*    Replace with 8 trees**

* Trunk size as measured at 4.5 feet above the established ground level.

** All replacement trees shall have a minimum trunk size of four (4) inches in diameter, as measured six (6) inches above the established ground level, upon installation.

In interpreting the above exchange rate, in the event of a fraction of an inch, if a fraction is equal to one-half (1/2) inch or greater, the higher full number shall be used.

The Village Forester shall approve species of any replacement tree.  Any replacement tree shall be guaranteed by the violator for up to eighteen (18) months after planting.  In the event a replacement tree dies or is in declining condition, the violator shall make a replacement of that dead or declining tree.

    (c)  Payment into the Village's tree planting fund in lieu of replacement.

        In addition to the fines or fees described in section (a) above, but in lieu of replacement as set forth in section (b), any person or entity who unlawfully removes a tree may pay into the Village's tree planting fund the cost for replacement at a rate of one hundred dollars ($100) per inch of trunk diameter of the tree that was destroyed or removed.

    (d)  In addition to any other applicable provisions, the Village may issue to any entity or person who violates any provision of this chapter an invoice as settlement of any violation.  The invoice shall list the specific violations that occurred, the date or dates of a violation, the location of the violation and shall request payment of the invoice within thirty (30) days.  In lieu of invoices, bonds issued for the work at a violation site may be forfeited should funds be sufficient to cover the tree values or fines.  Upon failure to settle the violation, a complaint shall be filed in the Circuit Court for the damage and violation.   

(R.O. 1925, § 208.)