[HISTORY: Adopted by the Village Board of the Village of Westfield
as Title 4, Ch. 4 of the 1985 Code. Amendments noted where applicable.]
A.
Planting. It shall be unlawful to plant any tree or shrub
in any public street or parkway or other public place without having first
obtained a permit therefor. Applications for such permits shall be made to
the Village Clerk-Treasurer and shall be referred to the Village Board. No
shrub shall be planted, maintained or allowed to grow to a height of more
than three feet. Trees shall be planted at least 25 feet apart. All trees
and shrubs so planted shall be placed subject to the directions and approval
of the Public Works Director.[1]
B.
Removals. It shall be unlawful to remove or cut down
any tree or shrub in any street, parkway or other public place without having
first secured a permit therefor. Applications for such permits shall be made
to the Village Clerk-Treasurer and shall be referred by him or her to the
Public Works Director for approval before permission shall be granted.
C.
Injury. It shall be unlawful to injure any tree or shrub
planted in any such public place.
D.
Advertisements or notices. It shall be unlawful to attach
any sign, advertisement or notice to any tree or shrub in any street, parkway
or other public place.
E.
Dangerous trees. Any tree or shrub which overhangs any
sidewalk, street or other public place in the Village in such a way as to
impede or interfere with traffic or travel on such public place or which obstructs
any streetlamp or interferes with the fire alarm wires may be trimmed by the
Village so that the obstruction shall cease. Any limb of a tree which has
become likely to fall on or across any public way or place may be removed
by the Village.
F.
Wires. It shall be unlawful to attach any wire or other
rope to any tree without permission of the Village Board. Any person, company,
firm or corporation given the right to maintain poles and wires in the streets,
alleys or other public places in the Village shall, in the absence of provision
in the franchise concerning the subject, keep such wires and poles free from
and away from any tree or shrub in such places so far as may be possible and
shall keep all such trees and shrubs properly trimmed and subject to the supervision
of the Public Works Director, so that no injury shall be done to the poles
or wires or shrub and trees by contact.
G.
Gas pipes. Any person, firm or corporation maintaining
any gas pipe in the Village shall, in the absence of provisions in the franchise
concerning the subject, keep such pipes free from leaks.
H.
Excavations. In making excavations in streets or other
public places proper care shall be taken to avoid injury to the roots of any
tree or shrub wherever possible.
A.
Intent and purpose. Many elm trees grow on public and
private premises within the Village of Westfield, 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, and the health and life of such trees are threatened by a
fatal disease known as Dutch Elm disease, which is spread by the elm bark
beetles Scolytus multistraitus (Eichb.) or Hylurgopinus rufipes (Marsh.).
The Board hereby declares its intention to control and prevent the spread
of such diseases and insect pests and vectors which carry such disease and
declares Dutch Elm disease and the elm bark beetles which carry such disease
to be public nuisances.
B.
Village Forester. The office of the Village Forester
is hereby created and shall be the Public Works Director. The Village Forester
shall have the powers and perform the duties imposed by this chapter and by
Ch. 27, Wis. Stats.
C.
Inspection.
(1)
The Forester shall inspect or cause to be inspected all
premises and places within the Village to determine whether any public nuisance
exists thereon. He shall also inspect or cause to the inspection of any elm
tree reported or suspected to be infected with the Dutch Elm disease or any
elm bark bearing material reported or suspected to be infested with elm bark
beetles.
(2)
The Forester and his agents or employees shall have authority
to enter upon private premises at reasonable times for the purpose of carrying
out any of the provisions of this section.
D.
Abatement of nuisances; duty of Forester.
(1)
The Forester shall order, direct, supervise and control
the abatement of public nuisances as defined in this section by spraying,
removal, burning or by the other means which he determines to be necessary
to prevent as fully as possible the spread of Dutch Elm disease fungus or
the insect pests or vectors known to carry such disease fungus.
(2)
Whenever the Forester after inspection or examination
shall determine that a public nuisance as herein defined exists on public
property in the Village, he shall immediately abate or cause the abatement
of such nuisance in such manner as to destroy or prevent as fully as possible
the spread of Dutch Elm disease or the insect pests or vectors known to carry
such disease fungus.
(3)
When the Forester shall determine with reasonable certainty
that a public nuisance exists upon private premises, he shall immediately
serve or cause to be served personally or by registered mail upon the owner
of such property, if he can be found, or upon the occupant thereof, a written
notice of the existence of such nuisance and of a time and place for a hearing,
not less than 14 days after service of such notice, on the abatement action
to be taken. Such notice shall describe the nuisance and recommended procedures
for its abatement and shall further state that unless the owner shall abate
the nuisance in the manner specified in the notice, or shall appear at the
hearing before the Village Board to show that such nuisance does not exist
or does not endanger the health of elm trees in the Village, the Forester
shall cause the abatement thereof at the expense of the property served. If
the owner cannot be found, such notice shall be given by publication in a
newspaper of general circulation in the Village.
(4)
If after hearing held pursuant to this Subsection D it shall be determined by the Village Board that a public nuisance exists, it shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed with 10 days after such hearing, the Village Board shall proceed to abate the nuisance and cause the costs thereof to be assessed against the property in accordance with the procedure provided in this section. The Board may extend the time allowed the property owner for abatement work but not to exceed 10 additional days.
A.
The costs of abatement of a public nuisance or elm wood
at the direction of the Forester if the nuisance, tree or wood is located
on public property shall be borne by the Village.
B.
The costs of abating a public nuisance or elm wood located
on private premises when done at the direction and under the supervision of
the Village Board shall be assessed to the property on which such nuisance,
tree or wood is located as follows:
(1)
The Forester shall keep a strict account of the costs
of such work and the amount chargeable to each lot or parcel and shall report
such work, charges, description of lands to which charges apply and names
and addresses of the owners of such lands to the Village Board on or before
October 15 of each year.
(2)
Upon receiving the Forester's report, the Village Board
shall hold a public hearing on such proposed charges, giving at least 14 days'
advance notice of the time, place and purpose of such hearing to interested
persons by publication in a newspaper of general circulation in the municipality
and by mail to the owner of each property proposed to be charged. Each property
owner shall be notified of the amount proposed to be assessed against his
premises and the work for which such charge is being made.
(3)
After the hearing, the Village Board shall affirm, modify
and affirm or disapprove such assessments by resolution and shall cause a
copy thereof to be published. Upon adoption and publication of such resolution,
assessments made thereby shall be deemed final.
(4)
The Village Clerk shall mail notice of that amount of
such final assessment to each owner of property assessed at his last known
address, stating that unless paid within 30 days of the date of the notice,
such assessment shall bear interest at the rate of 6% per annum and will be
entered on the tax roll as delinquent tax against the property, and all proceedings
in relation to the collection, return and sale of property for delinquent
real estate shall apply to such assessment.
C.
The Village hereby declares that in making assessments under
this section, it is acting under its police power, and no damages shall be
awarded to any owner for the destruction of any diseased or infested elm trees
or elm wood or part thereof.
A.
Permit required. No person, except upon order of the
Village Forester, shall plant or remove or do major alternations, as determined
by the Forester, on a tree or shrub in the public right-of-way terrace area
or any public area or cause such act to be done by others without first obtaining
a written permit for such work from the Village Clerk-Treasurer as herein
provided.
B.
Permit exemptions. No permit shall be required to cultivate,
fertilize or water trees or shrubs. No permit is necessary to plant trees
inside the property line.
C.
Permit requirements and conditions. If the Village Forester
determines that the proposed work or planting described in an application
for a permit is necessary and in accord with the purpose of this chapter,
taking into account the safety, health and welfare of the public, location
of utilities, public sidewalk, driveways and streetlights, general character
of the area in which the tree or shrub is located or proposed to be located,
type of soil, and characteristics and physiological need of the genus, species
and variety of tree or shrub, he shall have the Clerk-Treasurer issue a permit
to the applicant.
D.
Permit form; expiration; inspection. Every permit shall
be issued by the Village Forester on a standard form and shall include a description
of the work to be done and shall specify the genus, species and variety, size,
nursery grade and location of trees or shrubs to be planted, if any. Any work
under such permit must be performed in strict accordance with the terms thereof
and the provisions of this chapter. Permits issued under this section shall
expire six months after date of issuance. There will be no charge for this
permit.
E.
Permits to public utilities.
(1)
Whenever a permit is issued under this section to a public
utility to remove, trim, prune, cut, disturb, alter or do surgery on any public
tree or shrub, the Village Forester shall limit the work to be done to the
actual necessities of the utility and may assign an inspector to supervise
the work done under the provisions of the permit. The expense of such inspection
or supervision shall be charged to the utility at the usual Village rate.
(2)
A public utility may secure an annual working agreement
with the Village Forester's office which gives the Village Forester the authorization
to supervise and direct work done associated with trees and shrubs.
A.
Planting requirements.
(1)
The size and genus, species and variety of trees and shrubs to be planted in the public areas and terrace areas and the manner of planting shall be submitted to the Village Forester for approval before commencement of such work as a part of the permit application process required in § 460-4.
(2)
There shall be a minimum distance of 25 feet and a recommended
distance of 25 to 50 feet between terrace area trees depending upon the size
of the tree and other factors. Terrace trees shall be planted equal distance
between the sidewalk or proposed sidewalk and back of the curb or proposed
back of curb. In terrace areas less that three feet wide planting will not
be permitted.[1]
(3)
Pine or fir trees shall not be planted in a terrace area.
(4)
It shall be unlawful to plant or maintain shrubbery,
ground cover, or other plants within terrace areas whose growth is in excess
of eight inches in height above the top of the nearest curb.
B.
Unlawfully planted trees. Trees, plants or shrubs planted
within any terrace or planting easement without the authorization and approval
of the Forester may be removed. The Forester shall notify the abutting owner
in writing, listing the unlawfully planted trees, plants or shrubs, ordering
their removal, and establishing a reasonable time within which such removal
shall be accomplished. In the event that removal is not to be accomplished
with the time specified, the Village may remove such trees, plants and shrubs
and assess costs thereof to the owner.
C.
Cottonwood and box elder trees prohibited. No person
shall plant within the Village of Westfield any tree of the species Populus
deltoides, commonly called cottonwood, or any tree commonly called the seed-bearing
box elder or Acer negundo, which may now or hereafter become infested with
box elder bugs, and such trees are hereby declared a nuisance. Any person
having any such trees on his premises shall cause the same to be removed.
If any owner shall fail to remove any such tree within 30 days after receiving
written notice from the Village Forester, the Village Forester shall cause
the removal of such tree and report the full cost thereof to the Village Clerk-Treasurer,
who shall place such charge upon the next tax roll as a special charge against
the premises.
D.
Planting of certain trees restricted. No person shall
hereinafter plant any tree within the Village of Westfield which would constitute
a nuisance to the public or adjoining owners or interfere with the safety
of the public for the operation of any sewer system. The Village Forester
shall cause the removal of any tree planted in violation of this subsection
and shall determine if any such tree is a nuisance.
A.
Trees and shrubs standing in or upon any terrace area
or public areas or upon any private premises adjacent to any public right-of-way
or public areas shall be kept trimmed so that the lowest branches projecting
over the public street or alley provide clearance of not less than 14 feet.
The Village Forester may waive the provisions of this section for newly planted
trees if he determines that they do not interfere with public travel, obstruct
the light of any streetlight or endanger public safety.
B.
The necessity of the pruning may be determined by the
Village Forester.
C.
Clearance from sidewalk or other public place to lower
branches shall not be less than 10 feet.
D.
All cuts above one inch in diameter shall be treated
with a tree wood compound.
A.
Notwithstanding any other provision of this chapter,
no person shall maintain, plant or permit to remain on any private or public
premises situated at the intersection of two or more streets or alleys in
the Village any hedge, tree, shrub or other growth which may obstruct the
view of the operator of any motor vehicle or pedestrian approaching such intersection.
B.
It is unlawful for any person to plant, cause to grow,
allow to grow or maintain any trees, bushes, shrubbery or vegetation of any
kind which is an obstruction to the clear and compete vision of any traffic
sign in the Village. It shall be the duty of every owner of such tree, bush,
shrubbery or vegetation to remove such obstruction.
C.
Any shrub, tree or other plant which obstructs the view
at an intersection or the view of a traffic sign shall be deemed to be dangerous
to public travel, and the Forester shall notify the property owner in writing,
describing the conditions, stating the steps necessary to correct the conditions,
and establishing a reasonable time within which the corrective steps shall
be taken. In the event that effective steps are not taken within the time
specified, it shall be lawful for the Village to abate these conditions to
the extent necessary to assure compliance with the foregoing requirements,
and the costs thereof shall be assessed to the owner.
A.
Dangerous and obstructive trees. If any tree standing
in a terrace or on any private property and overhanging into a terrace or
street appears to be dead, liable to fall or dangerous, or an obstruction
to public travel, the Forester shall notify the property owner to take corrective
action within a specified period. In the event no action is taken, the Village
Forester shall cause such tree, or part thereof, to be cut down or trimmed
and, if it is in any public terrace, to be removed therefrom. The costs of
such work performed on trees on private property shall be assessed against
the owner thereof.
B.
In cutting down trees located in public and terrace areas,
the tree must be removed with the root stump grubbed out, or ground out to
a depth of at least nine inches below grade measured as a straight line, normal
grade of sidewalk to top of curb. All wood and debris must be removed from
the street prior to the end of each working day and all holes shall be filled
to normal grade level with topsoil as soon as practicable.
A.
No person shall, without the consent of the owner in
the case of a private tree or shrub or without written permit from the Village
Forester in the case of a terrace area tree, public tree or shrub, do or cause
to be done by others any of the following acts:
(1)
Secure, fasten or run any rope, wire sign, unprotected
electrical installation or other device or material in, around or through
a tree or shrub.
(2)
Break, injure, mutilate, deface, kill or destroy any
tree or shrub or permit any fire to burn where it will injure any tree or
shrub.
(3)
Permit any toxic chemical, gas, smoke, oil or other injurious
substance to seep, drain or be emptied upon or about any tree or shrub, or
place cement or other solid substance around the base of the same.
(4)
Remove any guard, stake or other device or material intended
for the protection of a public tree or shrub or close or obstruct any open
space about the base of a public tree or shrub designated to permit access
of air, water and fertilizer.
(5)
Attach any sign, poster, notice or other object on any
tree, or fasten any guy wire, cable, rope, nails, screws or other device to
any tree, except that the Village may tie temporary "No Parking" signs to
trees when necessary in conjunction with street improvement work, tree maintenance
work or parades.
(6)
Cause or encourage any fire or burning near or around
any tree.
B.
All trees on any parkway or other publicly owned property
near any excavation or construction of any building, structure, or street
work shall be sufficiently guarded and protected by those responsible for
such work as to prevent any injury to said trees. No person shall excavate
any ditches, tunnels or trenches or install pavement within a radius of 10
feet from any public tree without a permit from the Village Forester.
Any person who receives a determination or order from the Village Forester and objects to all or any part thereof shall have the right to appeal such determination or order in accordance with Chapter 5, Administrative Review, of this Code.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and incorporated
herein reference.
