[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 as Title 4, Ch. 4, of the 1988 Code. Amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the Village 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 Village; 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 Village; 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 Village against the spread of
disease, insects or pests.
B.
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 sidewalk, 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 only sidewalks, the area four feet from the curb shall
be deemed boulevard area under this chapter.
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.
The person designated by the Village Board as authorized
to carry out the provisions of this chapter.
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 Village, except the terrace areas.
Any tree or shrub or part thereof which, by reason of its condition
or location, interferes with the use of any public area; is injurious
to public improvements; endangers the life, health, safety or welfare
of persons or property; or is hazardous or dangerous to persons and
property using or upon any public street, sidewalk, alley, park or
other public or private place, including the terrace strip between
curb and lot line.
Any tree or shrub or part thereof which is infected with any
fatal or deleterious tree or plant disease, including but not limited
to Dutch elm disease, or infested with injurious insects or pests,
including but not limited to the eastern tent caterpillar or other
defoliating larvae and the 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.
Owned or controlled by the Village, 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.[2]
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.
A.
The Village Board may designate a municipal employee or citizen to
perform the duties of Forester under Ch. 27, Wis. Stats., and may
authorize such Forester to perform the duties and exercise the powers
imposed on the Village Board by this chapter. The Village Forester
shall annually be appointed by the Village President, subject to Board
confirmation, at the Board's organizational meeting.
B.
The Village 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 Village Forester or his authorized
representative while he is engaged in carrying out any work or activities
authorized by this chapter.
A.
Dutch elm and other tree diseases a public nuisance. The Village
Board has determined that there are many 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, 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.); therefore, the Village Board 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.[1]
B.
Inspection.
(1)
The Village 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 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 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.[2]
(3)
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.
C.
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 other means which he determines to be necessary to prevent
as fully as possible the spread of the Dutch elm disease fungus, other
deleterious tree diseases or the insect pests or vectors known to
carry such diseases.
(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, other deleterious tree
diseases, or the inspect pests or vectors known to carry such disease
fungus.
(3)
Hearing.
(a)
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 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 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.
(b)
If, after hearing held pursuant to this subsection, 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 within five days after
such hearing, the 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 Forester may extend
the time allowed the property owner for abatement work but not to
exceed 10 additional days.
D.
Spraying.
(1)
Whenever the 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, he 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 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. When any residue
or concentrate from municipal spraying operations can be expected
to be deposited on any public street, the Forester shall also notify
the Chief of Police, who shall take all necessary steps to make and
enforce temporary parking and traffic regulations on such streets
as conditions require. Temporary "No Parking" notices shall be posted
in each block of any affected street at least 24 hours in advance
of spraying operations.
A.
The entire cost of abating any public nuisance or spraying trees
as defined herein shall be charged to and assessed against the parcel
or lot abutting on the street, alley, terrace, 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 shall be borne by the Village.
B.
The cost of abating a public nuisance or spraying elm trees or elm
wood located on private premises, when done at the direction and under
the supervision of the Forester, 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 cost of such work
or spraying and the amount chargeable to each lot or parcel and shall
report such work, charges, description of lands to which charged 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 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 such 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-Treasurer shall mail notice of the 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 will be entered on the tax roll as a tax against
the property, and all proceedings in relation to the collection, return
and sale of property for delinquent real estate taxes 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
tree or wood or part thereof.
A.
Permit required. No person, except upon order of the Village Forester, shall plant or remove or perform major alterations as determined by the Forester on a tree or shrub in the public right-of-way terrace area or cause such act to be done by others without first obtaining a written permit for such work from the Village Forester as herein provided. The applicant shall comply with the planting standards of § 520-8.
B.
Permit exemptions. No permit shall be required to cultivate, fertilize
or water trees or shrubs or for work by Village personnel on park
properties. 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 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
issue a permit to the applicant.[1]
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 perform 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 associated with trees and
shrubs.
A.
Purpose. The Village Board hereby states its determination that the
planting, care and protection of the trees within the Village is desirable
for the purposes of beauty, shade, comfort, noise abatement and economic
betterment and hereby encourages all persons to assist in a program
of tree planting, care and protection.
B.
Tree planting program. The Village Forester shall recommend to the
Village Board a program for tree planting, care and protection for
public parks. The Board shall also encourage the planting, care and
protection of trees and shrubs on private premises within the Village.
C.
Planting.
(1)
The size and genus, species and variety of trees and shrubs to be planted in public areas and boulevards and the manner of planting shall be submitted to the Village Forester for approval before commencement of such work. The permit application process is required in § 520-7.
(2)
There shall be a minimum distance of 16 feet and a recommended distance
of 25 feet 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.
(3)
Evergreen trees 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.
D.
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 within the time specified, the Village
may remove such trees, plants or shrubs and assess the costs thereof
to the owner.
E.
Frames. Any person adjacent to whose land any shade or ornamental
tree or shrub is growing in any street may, for the purpose of protecting
such tree or shrub, surround the same with a suitable box or frame
for protection, but all such work shall be performed under the supervision
and direction of the Village Forester.
A.
Trees and shrubs standing in or upon any boulevard 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 Village 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.
B.
The necessity of the pruning may be determined by the Village Forester.
C.
Clearance from sidewalk to lower branches shall not be less than
10 feet. All trees standing upon private property in the Village,
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 shall be considered
to be a major alteration and shall require a permit from the Village
Forester.
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 complete vision of any traffic
sign or driveway approach to a street 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 Village 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 Village
Forester and/or Director of Public Works shall order the Village 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.[1]
A.
Dangerous, obstructive and infected trees. Any tree or part thereof,
whether alive or dead, which the Village Forester shall find to be
infected, hazardous or a nuisance so as to endanger the public or
other trees, plants or shrubs growing within the Village, 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 Village 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 Village 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 limit, the Village Forester shall cause the tree to be removed,
treated or trimmed and shall report the full cost thereof to the Village
Clerk-Treasurer, who shall thereupon enter such cost as a special
charge against the property.
B.
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 with the 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.[1]
C.
Private removal. No person, firm, organization or corporation shall
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 Village
Forester. Such permit shall be issued only when the removal, trimming
or cutting of the tree or shrub is necessary, as determined by the
Village 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.[2]
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 Village 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)
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 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.
Excavations. All trees on any parkway or other publicly owned property
near any excavation or construction of any building or 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.
C.
Interference with Forester. No person shall:
(1)
Interfere with or prevent any acts of the Forester or his agents
or employees while they are engaged in the performance of duties imposed
by this section.
(2)
Refuse to permit the Forester or his duly authorized representative
to enter upon his premises at reasonable times to exercise the duties
imposed by this section.
D.
Refusal to abate nuisance. No person shall permit any public nuisance
to remain on any premises owned or controlled by him when ordered
by the Forester to abate such nuisance.
Any person who receives a determination or order under this
chapter from the Village Forester 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 Village Board within
seven days of receipt of the order, and the Village Board shall hear
such appeal within 30 days of receipt of written notice of the appeal.
After such hearing, the Village Board may reverse, affirm or modify
the order or determination appealed from and the grounds for its decision
shall be stated in writing. The Village Board shall, by letter, notify
the party appealing the order or determination of its decision within
10 days after the hearing has been concluded. The Board shall file
its written decision with the Village Clerk-Treasurer.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.
