[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Sec. 19.07 of the 2001 Village Code]
Trees standing in and upon any public street or place, or upon
any lot or land adjacent thereto shall be pruned and trimmed by the
owner or owners or occupants of the property on or in front of which
such trees are growing so that the lowest branches projecting over
the public street or alley will provide a clearance of not less than
14 feet and a clearance of not less than 10 feet over any other public
place and so that no dead, broken or otherwise hazardous branches
shall be likely to fall and do injury to the public. Any tree not
trimmed as herein provided shall be deemed hazardous.
Any tree or part thereof, whether alive or dead, which the Director
of Public Works 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
Director of Public Works 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
Director of Public Works 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 Director of Public
Works 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.
No person shall plant or maintain within the Village of Blue
Mounds any female tree of the species Populous 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 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 Director of Public
Works, the Director shall cause the removal of such tree and report
the full cost thereof to the Village Clerk/Treasurer, who shall place
such charge upon the next tax roll as a special charge against the
premises.
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 Village
of Blue Mounds unless he shall first secure written permission from
the Director of Public Works, who shall not approve any such planting
if in his 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 Director of Public
Works shall cause the removal of any tree planted in violation of
this section.
The penalty for violation of any provision of this article shall be a penalty as provided in § 1-3 of the Village Code.
[Adopted 5-10-2006 by Ord. No. A-183]
A.
It is the policy of the Village to regulate and provide 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.
The provisions of this article 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 property which shall threaten the life, health, safety or
welfare of the public or of any public areas.
Wis. Stats. § 27.09, relating to the Village Forester
duties and tree planting, and § 86.03, regarding tree obstructions
adjacent to highways, and any amendments thereto, are hereby adopted
and incorporated herein by reference.
Whenever the following words or terms are used in this article,
they shall be construed to have the following meaning:
A person, firm, association, LLC, LLP, corporation or other
business entity.
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
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 Ceratocystis ulmi (Buisman) or which harbors
any of the elm bark beetle Scolytus multistriatus (Eich.) or Hylurgopinus
rufipes (Marsh).
Any dead elm or part thereof, including logs, branches, stumps,
firewood or other elm material not buried or burned or from which
the bark has not been removed.
All trees and shrubs located or to be planted in or upon
public areas.
The land between the edge of the paved street or street curb
and the sidewalk. Where there is no sidewalk, the area within the
public right-of-way that is four feet from the edge of the paved street
or street curb shall be deemed to be a terrace for the purpose of
this article.
The Village of Blue Mounds, Wisconsin.
The Public Works Director. In addition to the duties and
authority set forth in this article, the Village Forester shall also
have the duties and authority set forth in Wis. Stats. § 27.09.
The Village Park and Recreation Committee is designated as the
Village Tree Board. The Park and Recreation Committee, as the Village
Tree Board, shall have the following powers and duties:
A.
To prepare and recommend to the Village Board a plan for the planting,
care and maintenance of trees in the Village, including the number,
species and location. To annually review the progress of said plan
and assist in plan implementation.
B.
To annually conduct Arbor Day observance and ceremonies.
C.
To work towards and maintain Tree City, USA, status.
D.
To review and assess other tree or landscaping issues as may be directed
by the Village Board.
E.
To hear appeals and conduct hearings as required under this article.
A.
Whenever the Village Forester shall find upon examination or inspection
that any tree or shrub or part thereof, whether alive or dead, is
infected, hazardous or a public nuisance, as defined herein, so as
to endanger the public or other trees, plants or shrubs growing within
the Village, or to be injurious to sewers, sidewalks, streets, traffic,
or other public improvements, whether growing upon public or private
premises, shall be abated, removed, trimmed or treated by the owner
of the property upon or adjacent to which such tree or part thereof
is located. In the event that the owner does not cause such abatement,
removal, trimming or treatment, the Forester shall conduct the abatement
as required herein, or cause the tree or shrub to be trimmed, sprayed,
removed, or burned in such manner as to destroy or prevent as fully
as possible the spread of Dutch elm disease fungus or the insects
or pests known to carry such disease.
B.
Except as provided below, the Village Forester is authorized to abate
any public nuisance or conduct any tree or shrub trimming, removal
or trimming on all public property, including but not limited to parks,
parkways, streets and boulevards.
C.
Before abating any public nuisance on private property or in any
terrace areas, the Village Forester shall proceed as follows:
(1)
Removal order process.
(a)
If the Village Forester determines that danger to health, safety
or welfare of the public, or danger to other elm trees is not imminent,
the Village Forester shall make a written report of the public nuisance
and make recommendations to the Park and Recreation Committee.
(b)
The Park and Recreation Committee shall proceed with a notice
and hearing as provided in Wis. Stats. § 27.09(4), including
two weeks' advance written notice to the property owner (or abutting
property owner) of the recommended work or abatement action to be
taken, the timing of the work, and the date and time of the Park and
Recreation Committee meeting at which the hearing on the recommended
work or abatement will be considered.
(c)
At said hearing, the Park and Recreation Committee shall consider,
amend, approve or deny the recommendations of the Village Forester.
Subject to the recommendation and approval of the Park and Recreation
Committee, the Forester shall then order the property owner to abate
the public nuisance. Such order shall 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.
(d)
If the owner shall fail to abate the nuisance or remove, treat
or trim said tree within the time limit, the Village Forester shall
cause the nuisance to be abated or cause the tree to be removed, treated
or trimmed and shall report the full cost thereof to the Village Clerk/Treasurer.
(2)
If the Village Forester determines that danger to health, safety
or welfare of the public, or the danger to other elm trees within
the Village is imminent, 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.
D.
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.
The entire cost of abating any public nuisance as defined herein
shall be charged to and assessed against the parcel or lot abutting
the street, alley, boulevard or parkway upon or in which such tree
is located or stands, in accordance with Wis. Stats. § 66.0627
or 27.09(5). The cost of abating any public nuisance or part thereof
which is located in or upon any park, parkway, terrace area, or public
grounds shall be borne by the Village. 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 Village shall be borne
by the Village.
A.
Permit required. No person, except upon order of the Village 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 Village Forester
as herein provided.
B.
Permit exemptions. No permit shall be required to cultivate, fertilize
or water trees or shrubs. No permit is necessary to plant trees inside
the property line.
C.
Permit requirements and conditions. If the Village Forester determines
that the proposed work or planting described in an application for
a permit is necessary and in accord with the purposes of this article,
and 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 of the
tree or shrub, the Forester may issue a permit to the applicant.
D.
Permit form; expiration; inspection. Every permit shall be issued
by the Village Forester on a standard form and shall include a description
of the work to be done and shall specify the genus, species and variety,
size, nursery grade and location of trees or shrubs to be planted,
if any. Any work under such permit must be performed in strict accordance
with the terms thereof and the provisions of this article. Permits
issued under this section shall expire six months after date of issuance.
There will be no charge for this permit.
E.
Permits to public utilities.
(1)
Whenever a permit is issued under this section to a public utility
to remove, trim, prune, cut, disturb, alter or do surgery on any public
tree or shrub, the Village Forester shall limit the work to be done
to the actual necessities of the utility and may assign an inspector
to supervise the work done under the provisions of the permit. The
expense of such inspection or supervision shall be charged to the
utility at the usual Village rate.
(2)
A public utility may secure an annual working agreement with the
Village Forester's office which gives the Village Forester the
authorization to supervise and direct work done associated with trees
and shrubs.
Trees, plants or shrubs planted within any terrace areas, public
planting easement, or other public property 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.
A.
Notwithstanding any other provision of this article, no person shall
maintain, plant or permit to remain on any private or public property
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, shrubs or vegetation of any kind which
is an obstruction to the clear and complete vision of any traffic
sign in the Village. It shall be the duty of every owner of such tree,
bush, shrub or vegetation to remove such obstruction.
C.
Any shrub, tree or other plant which obstructs the view at an intersection
or the view of a traffic sign shall be deemed to be dangerous to public
travel, and the Forester shall notify the property owner in writing,
describing the conditions, stating the steps necessary to correct
the conditions, and establishing a reasonable time within which the
corrective steps shall be taken. In the event that effective steps
are not taken within the time specified, it shall be lawful for the
Village to abate these conditions to the extent necessary to assure
compliance with the foregoing requirements, and the costs thereof
shall be assessed to the property owner.
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.
A.
No person shall, without the consent of the owner in the case of
a private tree or shrub or without written permit from the Village
Forester in the case of a terrace area tree, public tree or shrub,
do or cause to be done by others any of the following acts:
(1)
Secure, fasten or run any rope, wire sign, unprotected electrical
installation or other device or material 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.
All trees on any park or other publicly owned property near any excavation
or construction of any building, structure, or street work shall be
sufficiently guarded and protected by those responsible for such work
as to prevent any injury to said trees. No person shall excavate any
ditches, tunnels or trenches or install pavement within a radius of
10 feet from any public tree without a permit from the Village Forester.
The Village Forester or his/her authorized representative may
enter upon private property at all reasonable times for the purpose
of examining any tree or shrub located upon or over such property
and to carry out any provisions of this article.
No person shall interfere with the Village Forester or his/her
authorized representative while engaged in carrying out any work or
activities authorized by this article.
Any person who receives determination or order from the Village
Forester and objects to all or any part thereof may appeal in writing
to the Park and Recreation Committee within seven days of receipt
of the order, and the Park and Recreation Committee shall hear such
appeal within 30 days of receipt of written notice of the appeal.
After such hearing, the Park and Recreation Committee may reverse,
affirm, or modify the determination appealed from, and the grounds
for its decision shall be stated in writing. The Park and Recreation
Committee 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 Village Clerk/Treasurer.
The Village Forester is hereby authorized to issue municipal citations for violation of any provisions of this article. In addition to any other applicable penalty provided by law, any person who shall violate this article shall, upon conviction, forfeit an amount as provided in § 1-3 of the Village Code.
