[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 6, Ch. 4, of the 1997 Code. Amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the City of Brodhead to regulate
and establish a 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 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 insure public safety and to preserve and
enhance the beauty of such public lands.
(2)
Public lands under the jurisdiction of the City Forester include
but are 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 Brodhead.
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 Common Council shall designate a City Forester or assign
such duties to a City employee.
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 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
representative 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. Whereas 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
is 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 diseases and specifically
declares Dutch elm disease and the elm bark beetles which carry such
disease to be public nuisances.
B.
PERSON
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
PUBLIC PROPERTY
Definitions. As used in this section, unless otherwise clearly indicated
by the context:
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 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.
Inspection.
(1)
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
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 Forester, who
shall forward them to the Wisconsin Department of Agriculture at Madison
for analysis to determine the presence of such nuisances.
(3)
The City Forester or his 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 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 it 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 Forester, after inspection or examination, shall
determine that a public nuisance as herein defined exists on public
property in the City, it 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 insect pests or vectors known to carry such disease
fungus.
(3)
Notice of violation; hearing.
(a)
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 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)
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.
Spraying.
(1)
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, he may cause
all trees within a one-thousand-foot radius thereto 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.
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 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.
D.
Location.
(1)
There shall be a distance of 40 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.
(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 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.
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.
Terrace Strip Width
|
Mature Height
| |
---|---|---|
4 Feet +
| ||
Globe Norway maple
|
16 feet
| |
Almira Norway maple
|
16 feet
| |
Amur maackia
|
20 feet
| |
Japanese tree lilac
|
20 feet
| |
Anise magnolia
|
20 feet
| |
Callery pear
|
20 feet
| |
Toba hawthorn
|
20 feet
| |
Lavalle hawthorn
|
20 feet
| |
Washington hawthorn
|
20 feet
| |
Rancho sargent cherry
|
25 feet
| |
Hop-hornbeam
|
25 feet
| |
Olmsted columnar Norway maple
|
30 feet
| |
Mountain ash
|
30 feet
| |
Scanlon red maple
|
35 feet
| |
6 Feet +
| ||
Manchurian bird-cherry
|
20 feet
| |
Frau louise dittman crabapple
|
20 feet
| |
Flame crabapple
|
25 feet
| |
Double-flowered mazzard cherry
|
30 feet
| |
Sargent cherry
|
30 feet
| |
Mongolian linden
|
30 feet
| |
Wineleaf sycamore maple
|
30 feet
| |
Tilford red maple
|
35 feet
| |
Littleleaf linden
|
40 feet
| |
Amur corktree
|
45 feet
| |
Chinese pearleaf crabapple
|
20 feet
| |
Ruby red horsechestnut
|
25 feet
| |
Seneca sugar maple
|
25 feet
| |
Rancho littleleaf linden
|
25 feet
| |
Golden-leaf sycamore maple
|
25 feet
| |
Pyramidal sycamore maple
|
25 feet
| |
Globe blue ash
|
25 feet
| |
Pyramidal European ash
|
30 feet
| |
Manchurian ash
|
30 feet
| |
Cleveland Norway maple
|
30 feet
| |
Schwedler Norway maple
|
30 feet
| |
Pyramidal European hornbeam
|
35 feet
| |
Columnar sugar maple
|
45 feet
| |
8 Feet +
| ||
Kobus magnolia
|
20 feet
| |
Dolgo crabapple
|
30 feet
| |
Redbug maple
|
45 feet
| |
10 Feet +
| ||
Liset crabapple
|
20 feet
| |
Shakespear crabapple
|
20 feet
|
G.
Certain species restricted. No person shall plant within the City
of Brodhead any female tree of the species populus 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.
H.
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.
A.
Trees and shrubs standing in or upon any terrace, 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 section
for newly planted trees if he determines that they do not interfere
with public travel, obstruct the light of any streetlight or endanger
public safety.
B.
The necessity of the pruning may be determined by the City Forester.
C.
Clearance from sidewalk to lower branches shall not be less than
10 feet. 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 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
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 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.
[Amended 3-14-2005]
A.
Dangerous, obstructive and infected trees on private property. 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 growing upon 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 Clerk-Treasurer,
who shall thereupon enter such cost as a special charge against the
property.
B.
Dangerous, obstructive and infected trees on public property. Any
tree or part thereof, whether alive or dead, which the City Forester
finds 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 improvements
growing upon public and terrace areas, shall be removed, trimmed or
treated by the Public Works Department pursuant to the direction of
the City Forester.
C.
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 nine
inches below grade measured as 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 such wood is not diseased.
D.
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.
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 permits
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)
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 Forester, to 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 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.
Interference with Forester. No person shall:
(1)
Interfere with or prevent any acts of the City Forester or his agents
while he is engaged in the performance of duties imposed by this section.
(2)
Refuse to permit the City Forester or his 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 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 7, Administrative Review, of the Code of the City of Brodhead, 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. Except as provided in § 415-9B, 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.
[Amended 3-14-2005]
B.
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 Clerk-Treasurer 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.
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 Forester shall advance out
of the proper fund sufficient money for doing said work, and the 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 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.