[HISTORY: Adopted by the Common Council of the City of Montello 5-7-1984
as Title 5, Ch. 4 of the 1984 Code. Amendments noted where applicable.]
A.
It is the policy of the City to regulate and establish
policy for the control of planting, removal, maintenance and protection of
trees and shrubs in or upon all public areas and terrace areas of the City
to eliminate and guard against dangerous conditions which may result in injury
to persons using the streets, alleys, sidewalks or other public areas; to
promote and enhance the beauty and general welfare of the City; to prohibit
the undesirable and unsafe planting, removal, treatment and maintenance of
trees and shrubs located in public areas; and to guard all trees and shrubs,
both public and private, within the City against the spread of disease, insects
or pests.
B.
The provisions of this chapter shall apply to trees and
shrubs growing or hereafter planted in or upon public areas and terrace areas
and also to all trees and shrubs growing or to be planted in or upon any private
premises which shall threaten the life, health, safety or welfare of the public
or of any public areas.
Whenever the following words or terms are used in this chapter, they
shall be construed to have the following meanings:
The City of Montello, Wisconsin.
A triangle formed by the curblines of two intersecting rights-of-way
and a third line connecting a full-view zone at corners of streets, alleys
and highways.
Trimming a tree beyond necessary trimming to comply with this chapter.
Person, firm, association or corporation.
Includes all public parks and other lands owned, controlled or leased
by the City, except the terrace areas.
Any tree or shrub or part thereof which by reason of its condition interferes
with the use of any public area, is infected with a plant disease, is infested
with injurious insects or pests, is injurious to public improvements, or endangers
the life, health, safety or welfare of persons or property.
Dutch Elm disease, defined as follows:
Any living or standing elm tree or part thereof infected with Dutch
Elm disease fungus Ceratocyslis ulmi (Buisman) or which harbors any of the
elm bark beetle Scolytus multistriatus (Eich.) or Hyurgopinus rufipes (Marsh.).
Any dead elm or part thereof, including logs, branches, stumps, firewood
or other elm material, not buried, burned or from which the bark has not been
removed.
All trees and shrubs located or to be planted in or upon public areas.
Any woody vegetation or a woody plant having multiple stems and bearing
foliage from the ground up.
The land between the normal location of the street curbing and sidewalk.
Where there is no sidewalk, the area four feet from the curbline shall be
deemed to be a terrace for the purpose of this chapter.
Any woody plant normally having one stem or trunk bearing its foliage
or crown well above ground level to heights of 16 feet or more.
A.
The City Forester shall be the Chairman of the Public
Works Committee or a City official or employee designated by the Mayor, subject
to Council confirmation.
B.
The City Forester or his authorized representative may
enter upon private premises at all reasonable times for the purpose of examining
any tree or shrub located upon or over such premises and carrying out any
of the provisions of this chapter.
No person shall interfere with the City Forester or his authorized representative
while he is engaged in carrying out any work or activities authorized by this
chapter.
A.
Whenever the City Forester shall find with reasonable
certainty, on examination or inspection, that any public nuisance as defined
herein exists within the City, he shall cause it to be sprayed, removed, burned
or otherwise abated in such manner as to destroy or prevent as fully as possible
the spread of Dutch Elm disease fungus or the insect pests or vectors known
to carry such disease.
B.
Before abating any nuisance on private premises or in
any terrace strip between the lot line and the curb, the City Forester shall
proceed as follows:
(1)
If the City Forester determines that danger to other
elm trees within the City is imminent, he shall notify the owner or abutting
owner of the property on which such nuisance is found, in writing, if he can
be found, otherwise by publication in a newspaper of general circulation in
the City, that the nuisance must be abated as directed in the notice within
a specified time, which shall not be less than 30 days from the date of such
notice unless the Forester finds that immediate action is necessary to prevent
the spread of infection.
C.
No damage shall be awarded to the owner for destruction
of any elm tree, elm wood, elm material or any part thereof pursuant to this
chapter.
A.
The entire cost of abating any public nuisance as defined
herein shall be charged to and assessed against the parcel or lot abutting
on the street, alley, boulevard or parkway upon or in which such tree is located
or the parcel or lot upon which such tree stands in accordance with § 66.0627
or 27.09, Wis. Stats. The cost of abating any such nuisance or part thereof
which is located in or upon any park or public grounds shall be borne by the
City.
B.
A special tax may be lived against property for the cutting
down and removing therefrom of any elm tree infected with Dutch Elm disease.
The special tax may be paid in yearly installments not exceeding four yearly
installments if the property owner requests in writing the privilege of paying
the special tax in installments. Interest on the deferred payments shall be
at the rate of 10% on the unpaid balance.
A.
Permit required. No person, except upon order of the
City Forester, shall plant or remove or do major alterations, 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 City 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 City Forester
determines that the proposed work or planting described in an application
for a permit is necessary and in accord with the purposes 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 City 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 City 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 City rate.
(2)
A public utility may secure an annual working agreement
with the City Forester's office which gives the City Forester the authorization
to supervise and direct work done associated with trees and shrubs.
A.
Planting.
(1)
The size and genus, species and variety of trees and shrubs to be planted in public areas and terrace areas and the manner of planting shall be submitted to the City Forester for approval before commencement of such work as a part of the permit application process required in § 304-7.
(2)
There shall be a minimum distance of 16 feet and a recommended
distance of 25 to 50 feet between terrace area trees depending upon the size
of 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 than three feet wide planting will not be permitted.
(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.
Certain trees prohibited.
(1)
Cottonwood and Box Elder trees prohibited: No person
shall plant or maintain within the City of Montello any female tree of the
species Populous Deltoides, commonly called the "Cottonwood," "Black Locust,"
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 Public Works
Committee, the Public Works Committee shall cause the removal of such tree
and report the full cost thereof to the City Clerk-Treasurer, who shall place
such charge upon the next tax roll as a special charge against the premises.
(2)
Planting of certain trees restricted: No person shall
hereafter plant any catalpa, Chinese Elm, White Poplar, Lombardy Poplar, or
any fruit or nut tree in or upon any public street, parkway, boulevard or
other public place within the City of Montello unless he shall first secure
written permission from the Public Works Committee, which shall not approve
any such planting if in its opinion said tree will constitute a nuisance to
the public or adjoining property owners or interfere with the safety of the
public or the operation of any sewer or water system. The Public Works Committee
shall cause the removal of any tree planted in violation of this subsection.
C.
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 accomplished within
the time specified, the City may remove such trees, plants or shrubs and assess
the costs thereof to the owner.
A.
Trees and shrubs standing in or upon any terrace area,
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 a clearance of not less than 14 feet.
The City 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
City Forester.
C.
Clearance from sidewalk to lower branches shall not be
less than 10 feet.
D.
All cuts above one inch in diameter shall be treated
with a tree wound 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 City 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 complete vision of any traffic
sign in the City. 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 City 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, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the Public Works Committee shall find to be infected, hazardous or a nuisance so as to endanger the public or other trees, plants or shrubs growing within the City, or to be injurious to sewers, sidewalks or other public improvements, whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The Public Works Committee, subject to § 304-14, shall given written notice to said owner to remedy the situation which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days as determined by the Public Works Committee on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limited, the Public Works Committee shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the City Clerk-Treasurer who shall thereupon enter such cost as a special charge against the property.
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 in 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.
The entire cost of planting, removal, Dutch Elm disease treatment or
removal, maintenance and protection of trees and shrubs on all terrace areas
in the City shall be borne by the abutting property owner or as determined
by the Common Council.
A.
No person shall, without the consent of the owner in
the case of a private tree or shrub or without written permits from the City
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 to, 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 designed 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 City 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 City Forester.
Any person who receives a determination or order under this chapter
from the City Forester or Public Works Committee and objects to all or any
part thereof shall have the right to appeal such determination or order, subject
to the provisions of Ch. 68, Wis. Stats., to the Common Council within seven
days of receipt of the order, and the Common Council shall hear such appeal
within 30 days of receipt of written notice of the appeal. After such hearing
the Common Council may reverse, affirm, or modify the order or determination
appealed from, and the grounds for its decision shall be stated in writing.
The Common Council shall by letter notify the party appealing the order or
determination of its decision within 10 days after the hearing has been concluded
and file its written decision with the City Clerk-Treasurer.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and incorporated
herein by reference.
