[HISTORY: Adopted by the Common Council of the City of New
Lisbon 4-2-2001 as Title 6, Ch. 4, of the 2001 Code. Amendments noted where applicable.]
A.
Policy. It is the policy of the City of New Lisbon 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.
Power to regulate trees and shrubs.
(1)
The Common Council has empowered the City Clerk-Treasurer 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)
Public land under the jurisdiction of the City Clerk-Treasurer 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)
The Common 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 New Lisbon.
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.[1]
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 Clerk-Treasurer 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 Common Council or its authorized
representatives while they are engaged in carrying out any work or
activities authorized by this chapter.
A.
Dutch elm and other tree diseases a public nuisance. The Common 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 Common Council hereby declares its intention to control and prevent
the spread of such disease and the insect pests and vectors which
carry such disease and specifically declares Dutch elm disease and
the elm bark beetles which carry such disease to be public nuisances.
B.
PERSON
PUBLIC NUISANCE
[1]
(1)
(2)
(3)
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.
Any 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 curb and lot line.
Any tree or part thereof which is infested by any 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.
Inspection.
(1)
The City Clerk-Treasurer shall inspect or cause to be inspected all
premises and places within the City to determine whether any public
nuisance exists thereon. The City Clerk-Treasurer shall also inspect
or cause the inspection of any elm tree reported or suspected to be
infested with the Dutch elm disease or any elm bark bearing materials
reported or suspected to be infested with elm bark beetles.
(2)
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 Clerk-Treasurer,
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.[2]
(3)
The City Clerk-Treasurer 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.
Abatement of nuisances.
(1)
The City Clerk-Treasurer 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)
Whenever the City Clerk-Treasurer, 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 deleterious tree diseases, or the insect pests
or vectors known to carry such disease fungus.[3]
(3)
Hearing.
(a)
When the City Clerk-Treasurer 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 Clerk-Treasurer,
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
Clerk-Treasurer 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)
If, after hearing held pursuant to this subsection, it shall
be determined by the City Clerk-Treasurer 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 Clerk-Treasurer 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
Clerk-Treasurer may extend the time allowed the property owner for
abatement work but not to exceed 10 additional days.
E.
Spraying.
(1)
Whenever the City Clerk-Treasurer 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
Clerk-Treasurer may cause all trees within a one-thousand-foot radius
thereof to be sprayed with an effective disease-destroying concentrate
or other insecticide.
(2)
In order to facilitate the work and minimize the inconvenience to
the public of any spraying operations conducted under this section,
the City Clerk-Treasurer 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.
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 Clerk-Treasurer
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.
D.
Location.
(1)
There shall be a distance of 40 feet to 50 feet between terrace area
trees depending upon the size of the trees 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)
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. Trees shall also be planted at least 10 feet from
curb box/water shutoffs.
(3)
Evergreen trees or shrubs shall not be planted in a terrace area.
(4)
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)
Tree grates shall be provided for terrace trees surrounded by concrete
by the adjacent property owner and shall be level with adjacent concrete.
E.
Minimum opening to be maintained. Unless otherwise provided for in
a written permit from the City Clerk-Treasurer, 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.
Permitted trees. Only trees with a natural height limit of 25 feet
or less shall be planted in a public terrace strip (between curb and
sidewalk) or where overhead lines are located.[1]
G.
Unlawfully planted trees. Trees, plants or shrubs planted within
any terrace or planting easement without the authorization and approval
of the City Clerk-Treasurer may be removed. The City Clerk-Treasurer
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.
A.
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
area 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 Clerk-Treasurer 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 Clerk-Treasurer.
Trimming activity, and the cost thereof, shall be the responsibility
of the City.
C.
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.
D.
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 Clerk-Treasurer.
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 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.
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 Clerk-Treasurer 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
Clerk-Treasurer 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.
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 Clerk-Treasurer 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)
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.
(7)
Except with a written permit from the City Clerk-Treasurer, 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.
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 so 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 Clerk-Treasurer.
C.
Interference with Clerk-Treasurer. No person shall:
(1)
Interfere with or prevent any acts of the City Clerk-Treasurer or
his/her agents while they are engaged in the performance of duties
imposed by this chapter.
(2)
Refuse to permit the City Clerk-Treasurer or his/her representative
to enter upon his/her premises at reasonable times to exercise the
duties imposed by this chapter.
(3)
Permit any public nuisance to remain on any premises owned or controlled
by him/her when ordered by the City Clerk-Treasurer to abate such
nuisance.
Any person who receives a determination or order under this chapter from the City Clerk-Treasurer and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter 7, Administrative Review, of this Code of Ordinances, 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. The Council shall file its written decision with the City Clerk-Treasurer.
A.
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.
Account to be kept. The City Clerk-Treasurer 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 of all work done for which assessments are
to be 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 Clerk-Treasurer, at the time of making the annual
report to the Common 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.[1]
C.
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 Clerk-Treasurer 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.