[HISTORY: Adopted by the Village Board of the Village of
Campbellsport 10-9-2006 by Ord.
No. 301 (Ch. 23, Art. VII, of the 2008 Code); amended
in its entirety 3-6-2019 by Ord.
No. 2019-35. Subsequent amendments noted where applicable.]
It is the intent of this chapter to exercise jurisdiction in
regard to the planting, maintenance and removal of trees and shrubs
growing in public places in the Village and to define public nuisances
and provide for their abatement.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All of that area of a corner lot which lies within 25 feet
of the intersection of the lot lines which border a public place.
Intent and purpose of chapter: to declare Dutch elm disease,
elm bark beetles, emerald ash borer, and oak wilt public nuisances.
Whereas, the Village Board has determined that there are many
elm trees growing on public and private premises within the Village,
the loss of which would substantially depreciate the value of public
and private property, impair the use and enjoyment of public and private
premises and erode the tax base of the Village. The health and life
of these trees is threatened by a fatal disease known as "Dutch elm
disease," which is spread by the elm bark beetles Scolytus multistriatus
(Eichb.) or Hylurgopinus rufipes (March). The Village Board hereby
declares its intention to control and prevent the spread of Dutch
elm disease and the insect pests and vectors that carry such disease
and declares Dutch elm disease and the elm bark beetles that carry
such disease to be public nuisances.
Whereas, the Village Board has determined that there are many
oak trees growing on public and private premises within the Village,
the loss of which would substantially depreciate the value of public
and private property, impair the use and enjoyment of public and private
premises and erode the tax base of the Village. The health and life
of these trees is threatened by a fatal disease known as "oak wilt
disease," which is spread by Nitidulid beetles. The Village Board
hereby declares its intention to control and prevent the spread of
oak wilt disease and the insect pests and vectors that carry such
disease and declares that oak wilt disease and Nitidulid beetles that
carry such disease are public nuisances.
Whereas, the Village Board has determined that there are many
ash trees growing on public and private premises within the Village,
the loss of which would substantially depreciate the value of public
and private property, impair the use and enjoyment of public and private
premises and erode the tax base of the Village. The health and life
of these trees are threatened by an extremely aggressive exotic insect
known as Agrilus planipennis Fairmaire or emerald ash borer. The Village
Board hereby declares its intention to control and prevent the spread
of emerald ash borer by any current method.
Any tree which is already in existence and located within
a public place prior to the adoption of this chapter.
The public place lying between the curb or proposed curb
and the lot line.
Any tree or shrub which is specifically designated a public
nuisance in this chapter or part of which is on public or private
property which, by reason of its condition, interferes with the use
of any public place; is infected with an injurious plant disease;
is infested with an injurious insect or other pest; is detrimental
to the construction of public improvements; or endangers the life,
health, safety or welfare of the public or its property.
That part of every street, highway, roadway or alley between
the lot line and curb and from property line to property line, and
any other land owned or controlled by the Village, including tree
planting easements.
The designated Village employee assigned to carry out the
enforcement of this chapter.
It shall be the duty of the Village Forester or the Director
of Public Works, to enforce the provisions of this chapter. The powers
and duties of the Village Forester are as follows:
A.
The Forester shall have the jurisdiction, authority, control and
supervision over all trees and shrubs growing in public places, to
include, but not be limited to, planting, removal, maintenance and
protection. This provision shall not be interpreted to exempt property
owners from the responsibility to trim and remove dead trees as required
elsewhere in this chapter.
B.
The Forester shall have the authority to enter upon private property
at reasonable times to inspect trees or shrubs, or parts thereof,
upon request of the property owner, upon complaint, or if the Forester
has reason to believe necessary or advisable tree care or removal
may be required at the property owner's expense. The cost of inspection
shall be borne by the Village.
C.
The Forester shall have the authority to grant a permit under the
provisions of this chapter and rules and work standards adopted hereunder.
The Forester shall supervise all work done under any permit issued
under the provision of this chapter and may void any permit if the
provisions of this chapter are not complied with.
D.
The Forester shall have the authority to cause a public nuisance
to be abated in accordance with the provisions of this chapter, as
further described in this section.
E.
The Forester shall have the authority to formulate a master street
tree plan as reviewed by the Village Plan Commission and approved
by the Board of Trustees and, in regard thereto:
(1)
Shall consider all existing and future utility and environmental
factors when recommending a specific plant species for public places
within the Village.
(2)
Shall, upon review by the Village Plan Commission and with the approval
of the Board of Trustees, have the authority to amend and make additions
to the master street tree plan at any time that circumstances make
it advisable.
A.
Permit required. No person shall plant, cut, prune, remove, disturb,
apply pesticides, spray, alter or root prune any tree or shrub in
a public place without the written permission of the Village Forester.
B.
Improper planting a public nuisance. Any tree planted in violation
of this section shall be deemed a public nuisance.
A.
Private property. All trees and shrubs on private property shall
be kept pruned by the owner to permit safe and unobstructed passage
of pedestrians and vehicular traffic in, on and through public places
and provide a minimum clearance of eight feet over sidewalks and 12
feet over streets and alleys, except those streets and alleys that
are subject to truck traffic, which shall have a minimum clearance
of 16 feet. Trees shall not obstruct streetlighting, street signs,
or traffic signs or signals. Any tree or shrub or part thereof found
to be in violation of this section shall be deemed a public nuisance.
B.
Public property. Every owner of real estate is required to trim and remove all dead branches of trees upon any street or highway abutting his land at least once every calendar year, and to remove from any street or highway abutting his land any dead tree within 90 days after its death. All trees and shrubs located upon any street or highway abutting private property shall be kept pruned by the owner to permit safe and unobstructed passage of pedestrians and vehicular traffic in, on and through public places and provide a minimum clearance of eight feet over sidewalks and 12 feet over streets and alleys, except those streets and alleys that are subject to truck traffic which shall have a minimum clearance of 16 feet. Trees shall not obstruct streetlighting, street signs, or traffic signs or signals. Any tree or shrub or part thereof found to be in violation of this section shall be deemed a public nuisance. Any person violating this section shall be subject to a penalty as provided in § 1-4 or elsewhere in this chapter.
C.
Planting on location of future sidewalk forbidden. No tree or shrub
may be planted on public property or within any easement that has
been determined by the Village Forester or the Director of Public
Works to be the possible future location for a public sidewalk.
D.
Liability of tree trimmers. Any person performing work on a tree
in a public place, by permit, contract or otherwise, shall assume
full responsibility for damage to property and to any person, and
shall save the Village harmless from any liability therefor.
Except as authorized by written permission from the Forester,
it shall be a violation of this section to perform or cause to be
performed the following acts in any public place within the Village:
A.
To attach any sign, poster, handbill, electrical installation wire
or other device or material to, around or through a tree.
B.
To permit or cause fire to burn where it may kill or injure any tree.
C.
To allow any wire charged with electricity to come in contact with
any tree or to allow any toxic chemical, smoke, oil, gas or other
substance that may kill or damage any tree to come in contact with
its leaves or roots.
D.
To use tree spurs or climbers when working healthy trees.
E.
To remove any guard, stake, pole or other device intended for the
protection or stabilization of a public tree or close or obstruct
any open space around the base of a public tree designed to permit
access to air, water and fertilizer.
F.
To erect, alter, repair, raze or move any building, structure or
other large object without placing suitable guards around public trees
which may be injured by such operations. It shall be the responsibility
of the owner thereof to repair or replace any tree injured or killed
by such operations. If it is found that the moving of any tree is
necessary to allow for such operations, the cost of the moving shall
be borne by the owner of the project.
G.
To excavate any ditch, tunnel, hole, trench or place any drive within
a radius of five feet from any tree in a public place except by written
permit from the Village Forester or when an emergency situation exists.
The Forester may require the posting of an adequate surety bond or
other sufficient security by any person proposing to make any such
excavation to cover the cost of replacement of any tree destroyed
as the direct result of the excavation, as reasonably determined by
the Forester.
H.
To damage, injure, remove or appropriate for one's own personal or
private use any tree or shrub procured in whole or in part with public
funds, or planted or growing in a public place.
No person shall plant, grow or maintain any tree, shrub or other
vegetation on any Village street corner lot within the clear vision
triangle which may obstruct the vision of the operator of any motor
vehicle or pedestrian approaching such intersection. Any tree, shrub
or other vegetation which exceeds 24 inches in height above street
grade shall be deemed a public nuisance.
No person shall permit any public nuisance enumerated in this
section to remain on any property owned or controlled by him, including
public places.
A.
Notice of public nuisance. Whenever the Village Forester shall find
and declare any tree or shrub a public nuisance, he shall notify the
property owner or his agent, in writing, that the nuisance must be
abated and the procedure required for the abatement.
A.
Enforcement. It shall be the duty of the Police Chief, the Fire Chief,
the Building Inspector, and the Village Forester to enforce those
provisions of this chapter that come within the jurisdiction of their
offices and they shall make periodic inspections and inspections upon
complaint to ensure that such provisions are not violated. No action
shall be taken under this section to abate a public nuisance unless
the officer shall have inspected or caused to be inspected the premises
where the nuisance is alleged to exist and have satisfied himself
that a nuisance does in fact exist.
B.
Summary abatement.
(1)
Notice to owner. If the inspecting officer shall determine that a
public nuisance exists within the Village and that there is great
and immediate danger to the public health, safety, peace, morals or
decency, the Director of Public Works or his designee may direct the
Police Chief to serve notice on the person causing, permitting or
maintaining such nuisance or upon the owner or occupant of the premises
where such nuisance is caused, permitted or maintained and to post
a copy of said notice on the premises. Such notice shall direct the
person causing, permitting or maintaining such nuisance, or the owner
or occupant of the premises, to abate or remove such nuisance within
24 hours and shall state that, unless such nuisance is so abated,
the Village will cause the same to be abated and will charge the cost
thereof to the owner, occupant or person causing, permitting or maintaining
the nuisance, as the case may be.
(2)
Abatement by Village. If the nuisance is not abated within the time
provided, or if the owner, occupant or person causing the nuisance
cannot be found, the officer having the duty of enforcement shall
cause the abatement or removal of such public nuisance.
C.
Abatement by court action. If the inspecting officer shall determine
that a public nuisance exists on private premises, but that the nature
of such nuisance is not such as to threaten great and immediate danger
to the public health, safety, peace, morals or decency, he shall serve
notice on the person causing or maintaining the nuisance and the owner
of the property to remove the same within 10 days. If such nuisance
is not removed within 10 days, he shall report such fact to the Village
President for referral to the Board of trustees, who may direct the
Village Attorney to commence an action in circuit court for the abatement
of the nuisance.
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with the laws of the state, nor as prohibiting
an action to be commenced in the circuit court seeking a forfeiture
as provided elsewhere in this Code.
E.
Cost of abatement. In addition to any other penalty imposed by this
chapter for the erection, contrivance, creation, continuance or maintenance
of a public nuisance, the cost of abating a public nuisance by the
Village shall be collected as a debt from the owner, occupant or person
causing, permitting or maintaining the nuisance, and if notice to
abate the nuisance has been given the owner, the cost of abatement
and other costs awarded by the circuit court pursuant to Ch. 823,
Wis. Stats., shall be assessed against the real estate as a special
charge.
Any person violating this chapter shall be subject to a penalty as provided in § 1-4 or elsewhere within this chapter.
This provision is intended to protect trees which are already
in existence and located within a public place prior to the adoption
of the ordinance from which this chapter is derived. No existing tree
shall be determined to be a public nuisance unless a majority of the
Board of Trustees determines it to be so. The Village Forester may
recommend to the Plan Commission that an existing tree be determined
to be a public nuisance, in which case the Plan Commission shall make
a recommendation to the Village Board whether the existing tree should
be determined to be a nuisance. Regulations adopted by the Village
Board governing the planting of new trees are not intended to apply
to existing trees, and the Village Board shall only make a determination
that an existing tree is a public nuisance based on the definitions
and designations found in this chapter.
