[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 6, Ch. 4
of the 2001 Code. Amendments noted where applicable.]
A.Â
Intent and purpose. It is the policy of the City of
Weyauwega 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.Â
Power to regulate trees and shrubs.
(1)Â
The City Council has empowered the City Forester to
plant, transplant, remove, trim, treat and otherwise care for and
protect all trees, shrubs and plants on all public lands not specifically
delegated to other City boards, all to ensure public safety and to
preserve and enhance the beauty of such public lands.
(2)Â
Public land under the jurisdiction of the City Forester
includes but is not limited to all lands within the lines of all public
streets and alleys in the City, more specifically the terrace strip
between the lot line and curb or improved portion of any public street
or alley.
(3)Â
The City Council is empowered to require landowners
to remove, trim or treat specified trees, shrubs or plants under certain
conditions and to prohibit the planting of certain trees or tree species,
shrubs or plants on private lands within the City of Weyauwega.
C.Â
Application. 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 land between the normal location of the street curbing
and sidewalk. Where there is no curb and gutter, the area four feet
from the curbline shall be deemed to be a boulevard for the purpose
of this chapter. "Boulevard" shall have the same meaning as "terrace."
Where there are no sidewalks, the area four feet from the curb shall
be deemed boulevard areas under this chapter.
The City Council shall designate a City Forester or assign
such duties to a City employer.
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extend from ground
level throughout its entire height.
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.
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.
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.
The City Forester or his/her 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. If a request
to inspect such trees or shrubs is denied by the person responsible
for the property, an inspection warrant may be obtained pursuant to
§ 66.0119, Wis. Stats.
No person shall interfere with the City Council
or its authorized representatives while they are engaged in carrying
out any work or activities authorized by this chapter.
A.Â
Dutch elm and other tree diseases a public nuisance.
Whereas the City Council has determined that there are many trees
growing on public and private premises within the City, 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 City, and that the health and life of
such trees are threatened by fatal diseases such as Dutch elm disease,
which is spread by the elm bark beetles Scolytus multistriatus (Eichb.)
or Hylurgopinus rufipes (Marsh.), the City Council hereby declares
its intention to control and prevent the spread of such disease and
the insect pests and vectors which carry such diseases and specifically
declares Dutch elm disease and the elm bark beetles which carry such
disease to be public nuisances.
B.Â
PERSON
PUBLIC NUISANCE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
PUBLIC PROPERTY
Definitions. As used in this section, unless otherwise
clearly indicated by the context, the following terms shall have the
meanings indicated:
Person, firm or corporation.
Dutch elm disease.
Elm bark beetles Scolytus multistriatus (Eichb.)
or Hylurgopinus rufipes (Marsh.).
Any living or standing elm tree or part thereof
infected with the Dutch elm disease fungus or in a weakened condition
which harbors any of the elm bark beetles Scolytus multistriatus (Eichb.)
or Hylurgopinus rufipes (Marsh.).
Any dead elm tree or part thereof, including
logs, branches, stumps, firewood or other elm material from which
the bark has not been removed and burned or sprayed with an effective
elm-bark-beetle-destroying concentrate.
Any other deleterious or fatal tree disease.
Any tree or part thereof which by reason of
its condition and location is hazardous or dangerous to persons and
property using or upon any public street, sidewalk, alley, park or
other public place, including the terrace strip between the curb and
lot line.
Any tree or part thereof which is infested by
the eastern tent caterpillar or other defoliating larvae.
Owned or controlled by the City, including, without limitation
because of enumeration, public sites, parks, playgrounds, streets,
alleys, sidewalks, boulevards, and the terrace strip between the lot
line and the curb or improved portion of any public way.
C.Â
Inspection.
(1)Â
The City Forester shall inspect or cause to be inspected
all premises and places within the City to determine whether any public
nuisance exists thereon. The City Forester shall also inspect or cause
the inspection of any elm tree reported or suspected to be infested
with Dutch elm disease or any elm bark bearing materials reported
or suspected to be infested with elm bark beetles.
(2)Â
Whenever necessary to determine the existence of Dutch
elm disease or elm bark beetles in any tree, the person inspecting
such tree shall remove or cut specimens from the tree in such manner
as to avoid fatal injury thereto and deliver such specimens to the
City Forester, who shall forward them to the Wisconsin Department
of Agriculture, Trade and Consumer Protection at Madison for analysis
to determine the presence of such nuisances.[1]
(3)Â
The City Forester or his/her agents 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.Â
Abatement of nuisances.
(1)Â
The City Forester shall order, direct, supervise and
control the abatement of public nuisances as defined in this section
by spraying, removal, burning or by other means which he determines
to be necessary to prevent as fully as possible the spread of Dutch
elm disease fungus, other deleterious tree diseases or the insect
pests or vectors known to carry such diseases.
(2)Â
Whenever the City Forester, after inspection or examination,
shall determine that a public nuisance as herein defined exists on
public property in the City, 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, other deleterious
tree diseases, or the inspect pests or vectors known to carry such
disease fungus.
(3)Â
Private premises.
(a)Â
When the City 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/she 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 before the
City Forester, not less than 10 days after service of such notice,
on the abatement action to be taken. Such notice shall describe the
nuisance and recommend 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 to show that
such nuisance does not exist or does not endanger the health of trees
in the City, the City 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 City.
(b)Â
If, after hearing held pursuant to this subsection,
it shall be determined by the City Forester that a public nuisance
exists, he shall forthwith order the immediate abatement thereof.
Unless the property owner abates the nuisance as directed within five
days after such hearing, the City Forester shall proceed to abate
the nuisance and cause the cost thereof to be assessed against the
property in accordance with the procedures provided in this section.
The City Forester may extend the time allowed the property owner for
abatement work but not to exceed 10 additional days.
E.Â
Spraying.
(1)Â
Whenever the City Forester shall determine that any
tree or part thereof is infected with a deleterious or fatal tree
disease or is in a weakened condition or harbors elm bark beetles,
the City Forester may cause all trees within a one-thousand-foot radius
thereof to be sprayed with an effective disease-destroying concentrate
or other insecticide.
(2)Â
In order to facilitate the work and minimize the inconvenience
to the public of any spraying operations conducted under this section,
the Forester shall cause to be given advance public notice of such
operations by newspaper, radio, television, public service announcements
or other effective means and shall also cause the posting of appropriate
warning notices in the areas and along the streets where trees are
to be sprayed at least 24 hours in advance of spraying.
A.Â
Responsibility. The size and genus, species and variety
of trees and shrubs to be planted in terraces, tree banks and boulevards
and the manner of planting shall be submitted to the City Forester
for approval before commencement of such work. All planting, maintenance
and trimming of trees in terraces shall be the responsibility of the
individual property owners.
C.Â
Planting size.
(1)Â
All large or medium trees, when planted, shall be
at least eight feet high and have a minimum trunk diameter of 1Â 1/2
inches at a point six inches above the ground.
(2)Â
All small trees, when planted, shall be least five
feet high and have five or more branches.
(3)Â
The tree shall be planted in a well prepared hole
at the same depth as it was originally growing. All trees less than
12 feet high shall be staked. All trees 12 feet or more in height
shall be supported by guy wires in such a way as not to injure the
bark. The support shall be removed after a year.
(4)Â
The tree shall be kept well watered and mulched or
cultivated in a two-foot diameter around its base to conserve moisture
and as a protection from lawn mower damage.
(5)Â
The good health of all trees planted hereunder shall
be guaranteed for one year by the applicant, after which time such
trees shall become the property of the City.
D.Â
Location.
(1)Â
There shall be a distance of 40 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.
Terrace area trees shall be a minimum of 25 feet from an intersection.
(2)Â
Small-sized trees shall be planted at least five feet
from driveways and large- or medium-sized trees shall be planted at
least 15 feet from driveways.
(3)Â
Evergreen trees or shrubs shall not be planted in
a terrace area.
(4)Â
It shall be unlawful to plant or maintain shrubbery,
ground cover or other plants not considered to be a deciduous leaf
tree within terrace areas whose growth is in excess of eight inches
in height above the top of the nearest curb.
(5)Â
In terrace areas, tree grates shall be provided for
terrace trees surrounded by concrete and shall be level with adjacent
concrete.
(6)Â
Trees may not be planted in the terrace closer than:
(7)Â
New street trees shall not be planted over an existing
tree stump within two years of removal unless the stump is removed
to a depth of four feet.
(8)Â
The property owner has the responsibility to locate
underground utilities before digging.
E.Â
Minimum opening to be maintained. Unless otherwise
provided for in a written permit from the City Forester, there must
be at least nine square feet of open ground about the base of each
tree three inches in diameter one foot above the ground, and for each
two inches of increase in such diameter there must be an increase
of at least one foot of open ground around each such tree.
F.Â
Permitted species. Only trees from the following approved
listing shall be planted in a public terrace strip (between curb and
sidewalk). Trees are listed by their commercial name and grouped by
suitability for various terrace strip widths. The mature height is
given following the name so that consideration can be given in cases
where overhead wires are present:
Planting Size
|
Mature Height
(feet)
| |
---|---|---|
4 feet +
| ||
Globe Norway Maple
|
16
| |
Almira Norway Maple
|
16
| |
Amur Maackia
|
20
| |
Japanese Tree Lilac
|
20
| |
Anise Magnolia
|
20
| |
Callery Pear
|
20
| |
Toba Hawthorne
|
20
| |
Lavalle Hawthorne
|
20
| |
Washington Hawthorne
|
20
| |
Rancho Sargent Cherry
|
25
| |
Hop Hornbeam
|
25
| |
Olmsted Columnar Norway Maple
|
30
| |
Mountain Ash
|
30
| |
Scanlon Red Maple
|
35
| |
6 feet +
| ||
Manchurian Bird Cherry
|
20
| |
Frau Louise Dittman Crabapple
|
20
| |
Flame Crabapple
|
25
| |
Double Flowered Mazzard Cherry
|
30
| |
Sargent Cherry
|
30
| |
Mongolian Linden
|
30
| |
Wineleaf Sycamore Maple
|
30
| |
Tilford Red Maple
|
35
| |
Littleleaf Linden
|
40
| |
Amur Corktree
|
45
| |
Chinese Pearleaf Crabapple
|
20
| |
Ruby Red Horsechestnut
|
25
| |
Seneca Sugar Maple
|
25
| |
Rancho Littleleaf Linden
|
25
| |
Golden-Leaf Sycamore Maple
|
25
| |
Pyramidal Sycamore Maple
|
25
| |
Globe Blue Ash
|
25
| |
Pyramidal European Ash
|
30
| |
Manchurian Ash
|
30
| |
Cleveland Norway Maple
|
30
| |
Schwedler Norway Maple
|
30
| |
Pyramidal European Hornbeam
|
35
| |
Columnar Sugar Maple
|
45
| |
8 feet +
| ||
Kobus Magnolia
|
20
| |
Dolgo Crabapple
|
30
| |
Redbud Maple
|
45
| |
10 feet +
| ||
Liset Crabapple
|
20
| |
Shakespeare Crabapple
|
20
|
G.Â
Certain species restricted. No person shall plant
within the City of Weyauwega any female tree of the species Populas
deltoides, commonly called the "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/her
premises shall cause the same to be removed.
H.Â
Unlawfully planted trees. Trees, plants or shrubs
planted within any terrace or planting easement without the authorization
and approval of the City Forester may be removed. The City 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 within the time
specified, the City may remove such trees, plants or shrubs and assess
the costs thereof to the owner.
I.Â
Permit requirement.
(1)Â
Permit required. No person, except upon order of the
City Forester, shall plant, transplant, move, spray, brace, trim,
prune, cut above or below ground, disturb, alter or do surgery on
a public street or shrub in the City, or cause such act to be done
by others, without first getting a written permit for such work from
the City Forester as herein provided.
(2)Â
Exemptions. No permit shall be required to cultivate,
fertilize, or perform minor cutting or pruning or watering of public
trees or shrubs.
(3)Â
Requirements and conditions of permits. 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 sidewalks, 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 needs of the species or variety of trees or shrubs,
he/she shall issue a permit to the applicant upon presentation of
the receipt of the City Administrator showing payment of the required
fee. As a condition of granting any permit to remove the public tree
or shrub, the City Forester may require that the permittee plant one
or more trees or shrubs in place of the one removed, and no permittee
under such a conditional permit shall fail, refuse or neglect to plant
trees or shrubs of the type, size and location specified in his/her
permit.
(4)Â
Form, expiration and inspection. Every permit shall
be issued by the City Forester on forms prepared by him/her and shall
include a description of the work to be done and shall specify the
species or variety, size, nursery grade and location of trees or shrubs
to be planted, if any. Any work done under such permit must be performed
in strict accordance with the terms thereof and the provisions of
this chapter. Permits issued under this chapter shall expire six months
after date of issue.
A.Â
Prior to major trimming activity involving a public tree, the permit requirements of § 438-6I shall be complied with. Any person growing a tree, plant or shrub on any private property abutting on public streets or public places shall:
(1)Â
Trim them so as not be a hazard to persons using the
streets or to interfere with the proper lighting of the streets.
(2)Â
Treat or remove any tree, plant or shrub which the
City Forester shall determine is diseased or insect-ridden or a hazard
to persons using the streets.
(3)Â
Remove and refrain from planting any tree, plant or
shrub designated by the Wisconsin Department of Agriculture, Trade
and Consumer Protection and published in its regulations to be a host
or carrier of a dangerous plant disease or insect pest.
B.Â
Owners of any property may arrange to have any tree,
plant or shrub sprayed, trimmed or removed by the City and pay for
such service at the rates established by the City Council.
C.Â
Trees and shrubs standing in or upon any terrace or
public area 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 subsection 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.
D.Â
The necessity of the pruning may be determined by
the City Forester. Trimming activity, and the cost thereof, shall
be the responsibility of the City.
E.Â
Clearance from sidewalk to lower branches shall not
be less than 10 feet. All trees standing upon private property in
the City, the branches of which extend over the line of the street,
shall be trimmed so that no branch shall grow or hang over the line
of the sidewalk lower than 10 feet above the level of the sidewalk.
No tree shall be permitted to grow in such a manner as to obstruct
the proper diffusion of light from any public lamp.
F.Â
Trimming or pruning of more than 2/3 of the crown
of a public area tree shall be considered to be a major alteration
and shall require a permit from the City Forester.
A.Â
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.Â
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 or driveway approach to a street in the City.
It shall be the duty of every owner of such tree, bush, shrubbery
or vegetation to remove such obstruction.
C.Â
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 City Forester may order,
by written notice, the owner or occupant of any private place or premises
on which there stands a tree or shrub which unreasonably interferes
with or encroaches upon the street or sidewalk to take such steps
as are necessary to remove such interference. If such owner or occupant
fails, within 10 days of receipt of notice, to take such necessary
steps, the City Forester shall order City employees to remove the
interference. The cost of removing the interference shall be levied
and collected as a special tax upon the property upon which or in
front of which such tree or shrub stands.
A.Â
Dangerous, obstructive and infected trees. Any tree
or part thereof, whether alive or dead, which the City Forester shall
find to be infected, hazardous or a nuisance so as to endanger the
general 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 City Forester shall
give 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 City Forester 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 City Forester shall cause the tree to be removed,
treated or trimmed and shall report the full cost thereof to the City
Administrator, who shall thereupon enter such cost as a special charge
against the property.
B.Â
Removal standards. 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 abutting property
owner shall have a right of first refusal to keep the wood, provided
that such wood is not diseased.
C.Â
Private removal. No person, firm, organization or
corporation shall plant, injure, trim, remove or destroy any tree
or shrub located in or upon any public place until a permit shall
have been issued by the City Forester. Such permit shall be issued
only when the removal, trimming or cutting of the tree or shrub is
necessary, as determined by the City Forester, because of disease,
damage, hazardous condition and/or location, or its location is such
that substantial detriment is done to the property upon which the
tree or shrub stands or property abutting the same. Such permit shall
expressly state the premises upon which the tree stands and the location
of the tree thereon.
A.Â
Damage to public trees. No person shall, without the
consent of the owner in the case of a private tree or shrub or without
written permit from the City Forester in the case of a terrace area
tree, public tree or shrub, perform or cause to be performed by others
any of the following acts:
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Cause or encourage any fire or burning near or around
any tree.
(7)Â
Except with a written permit from the City Forester,
place or maintain upon the ground any stone, brick, cement or other
impervious substance in such manner as may obstruct the free access
of air or water to the roots of any tree, shrub or plant in or upon
any public way or public place.
B.Â
Excavations. 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.
C.Â
Interference with Forester. No person shall:
(1)Â
Interfere with or prevent any acts of the City Forester
or his/her agents while they are engaged in the performance of duties
imposed by this section.
(2)Â
Refuse to permit the City Forester or his/her representative
to enter upon his/her premises at reasonable times to exercise the
duties imposed by this section.
D.Â
Refusal to abate nuisance. No person shall permit
any public nuisance to remain on any premises owned or controlled
by him/her when ordered by the City Forester to abate such nuisance.
Any person who receives a determination or order under this chapter from the City Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter 6, Administrative Review, of this Code of Ordinances, to the City Council within seven days of receipt of the order, and the City Council shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the City Council may reverse, affirm or modify the order or determination appealed from, and the grounds for its decision shall be stated in writing. The City Council shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Council shall file its written decision with the City Administrator.
A.Â
Assessment. The entire cost of planting, removal,
spraying, trimming or treatment of trees, shrubs and plants in front
of or upon any lot or parcel of land abutting on any public way may
be chargeable to and assessed upon such lot or parcel of land.
B.Â
Account to be kept. The City Forester shall keep a
strict account of the cost of planting, removal, trimming or treating
of any tree, shrub or plant in front of or on each lot or parcel of
land abutting any public way and prior to the 10th day of November
in each year shall make a report to the City Administrator of all
work done for which assessments are to made, stating and certifying
the description of land, lot, parts of lots or parcels of land abutting
on any public way in which any such work shall have been done and
the amount chargeable to each piece of property; the City Administrator
at the time of making the annual report to the City Council of the
lots or parcels of land subject to special assessments shall include
therein the lots or parcels of land so reported during the preceding
year.
C.Â
Amounts chargeable as lien. The amounts so reported
to the Council shall be levied on said lots or parcels of land, respectively,
to which they are chargeable and shall constitute a lien thereon and
shall be collected by the City. The City Forester shall advance out
of the proper fund sufficient money for doing said work, and said
special assessment shall be credited to said fund of the City and
shall not be diverted or used for any other purpose.
An annual inspection by competent personnel
shall be made of all trees within the terrace strip along every public
way within the City and also those trees on private lands within falling
distance of any public way or public place.
Sections 27.09 and 86.03, Wis. Stats., are hereby
adopted and incorporated herein by reference.