[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 6, Ch. 4, of the 2012 compilation of ordinances,
as amended through 5-22-2013.
Subsequent amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the Village of Winneconne
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:
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.
Person or Village employee designated by the Village Board
as authorized to carry out provisions of this chapter. The Village
Board may designate a municipal employee or citizen to perform the
duties of Forester under Chapter 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 be
appointed by the Village President, subject to Board confirmation,
at the Board's organizational meetings. Such duties may be assigned
to the Director of Public Works or Weed Commissioner.
Trimming a tree beyond necessary trimming to comply with
this chapter.[1]
Includes all public parks and other lands owned, controlled
or leased by the Village, including Village-owned utility easements
for stormwater, sanitary and water services and excepting terrace
areas.
Any tree or shrub or part thereof which, by reason of its
condition, interferes with the use of any public area, infected with
a plant disease, infested with injurious insects or pests, 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.
The land between the normal location of the edge of street
or the street curbing and property line; commonly known as the right-of-way.
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 Village Forester 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.[1]
A.
Dutch elm and other tree diseases a public nuisance. Whereas 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 is threatened by fatal diseases, 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 diseases to be public
nuisances.
B.
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
PUBLIC PROPERTY
Definitions. As used in this section, unless otherwise clearly indicated
by the context:[1]
Fatal or deleterious tree diseases.
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 tree or part thereof, including logs, branches, stumps,
firewood or other material from which the bark has not been removed
and burned or sprayed with an effective destroying concentrate.[2]
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 or private
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 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.
C.
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/she shall also inspect or cause the inspection
of any tree reported or suspected to be infested with disease or any
bark bearing materials reported or suspected to be infested with 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The Forester and his/her 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.
D.
Abatement of nuisances; duty of forester.
(1)
Following authorization by the Village Board, 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/she 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 Forester after inspection or examination shall determine
that a public nuisance as herein defined exists on public property
in the Village, the Forester 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)
When the Forester shall determine with reasonable certainty that
a public nuisance exists upon private premises, the Forester shall
immediately serve or cause to be served personally or by certified
mail upon the owner of such property, if the owner 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.
(4)
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.
E.
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, the Forester may cause all
trees within a one-thousand-foot radius thereto to be sprayed with
an effective disease destroying concentrate or other insecticide,
following prior authorization by the Village Board.
(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 Director of Public Works 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.
(3)
When appropriate warning notices and temporary "No Parking" notices have been given and posted in accordance with Subsection E(2) of this section, the Village shall not allow any claim for damages to any vehicle caused by such spraying operations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Public premises. The entire cost of abating any public nuisance or spraying any elm tree, or part thereof, when done at the direction of the Forester shall be borne by the Village as to any growth, tree or shrub located upon property owned by the Village. The abating of a public nuisance or spraying trees or located within the Village right-of-way or upon a terraced strip between the lot line and the curb shall be considered private premises (see Subsection B).
B.
Private premises. The cost of abating a public nuisance or spraying
diseased trees 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 Village Board, or a designated
standing committee thereof, 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, or a designated standing committee
thereof, 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.
(5)
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.
Purpose.
(1)
Generally. 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.
(2)
Permit required. No person except upon order of the Village Forester
shall plant, transplant, move, spray, brace, trim, prune, cut above
or below ground, disturb, alter or do surgery on a public tree or
shrub in the right-of-way in the Village, or cause such act to be
done by others, without first getting a written permit for such work
from the Village Forester as herein provided. Fee for permit shall
be determined by the Village Board.
(3)
Exemptions. No permit shall be required to cultivate, fertilize,
perform minor cutting or pruning or watering of trees or shrubs abutting
private property.
(4)
Requirements and conditions of permits. If the Village Forester determines
that the proposed work or planning described in an application for
a permit is necessary and in accord with the purposes of this chapter,
taking into account the safety, health and welfare of the public,
location of utilities, public sidewalks, driveways and streetlights,
general character of the area in which the tree or shrub is located
or proposed to be located, type of soil, characteristics and physiological
needs of the species or variety of trees or shrub, he/she shall issue
a permit to the applicant upon presentation of the receipt of the
Village Clerk-Treasurer showing payment of the required fee. As a
condition of granting any permit to remove the public tree or shrub,
the Village Forester may require that the permittee plant one or more
trees or shrub in place of the one removed, and no permittee under
such a conditional permit shall fail, refuse or neglect to plant trees
or shrubs of the type, size and location specified in his permit.
(5)
Form, expiration and inspection. Every permit shall be issued by
the Village Forester on forms prepared by him/her and shall include
a description of the work to be done and shall specify the species
or variety, size, nursery grade and location of trees or shrubs to
be planted, if any. Any work done under such permit must be performed
in strict accordance with the terms thereof and the provisions of
this chapter. Permits issued under this chapter shall expire six months
after date of issue.
(6)
Permits to public utilities. Whenever a permit is issued under this
chapter to a public utility to move, 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, and the expense of such inspection or supervision shall
be charged to the utility. The Winneconne Water Works and Waste Water
Utility is excluded from this requirement.
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.
Cottonwood and box elder trees prohibited. No person shall plant
within the Village of Winneconne any female tree of the species Populus
deltoides, commonly called the "cottonwood," or any tree commonly
called the seed-bearing boxelder (Acer negundo), which may now or
hereafter become infested with boxelder bugs, and such trees are hereby
declared a nuisance. Any person planting any such trees on his/her
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 Village Forester, the Village 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.
D.
Planting of certain trees restricted. Except in public parks, no
person shall hereafter plant any catalpa, Chinese elm, white poplar,
weeping willow, evergreen, lombardy poplar, silver maple, or any fruit
or nut tree in or upon any public street, parkway, terrace, right-of-way
or other public place within the Village of Winneconne unless he/she
shall first secure written permission from the Village Forester, who
shall not approve any such planting if, in his/her 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 Village Forester shall cause the removal
of any tree planted in violation of this subsection.
E.
Planting of trees within the Village right-of-way.
(1)
All new street trees must be selected from a list of approved trees
compiled by the Village Forester. No other species may be planted
without the written approval of the Village Forester. New trees must
be single-stemmed with a minimum diameter of 1 1/4 inches measured
at six inches above ground level.
(a)
The tree shall be planted in a well-prepared hole at the same
depth as it was originally growing. All trees less than 12 feet high
shall be staked. All trees 12 feet or more in height shall be supported
by guy wires in such a way as not to injure the bark. The support
shall be removed after a year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
The tree shall be kept well watered and mulched or cultivated
in a two-foot diameter around its base to conserve moisture and as
a protection from lawn mower damage.
(c)
The good health of all trees planted hereunder shall be guaranteed
for one year by the applicant, after which time such trees shall become
the property of the Village.
(2)
Where required, curbs and sidewalks must be installed prior to street
tree planting. Distance between the face of the curb and the outer
edge of the sidewalk must be at least four feet. Trees must be planted
half way between the sidewalk and curb unless underground utilities
prevent such planting. No tree shall be planted closer than two feet
from the curb.
(3)
Trees may not be planted in the terrace closer than:
(a)
Twenty feet to a utility or streetlighting pole.
(b)
Fifteen feet to a driveway or alley.
(c)
Six feet to a fire hydrant, water stop box or gas shutoff. If
possible, allow more distance than six feet.
(d)
Twenty-five feet to the intersection of two streets from either
corner measured on the property line.
(e)
Twenty-five feet to another tree. (If the other tree is an elm
or other species which is damaged, injured or diseased and likely
to be removed in the future, then a thirty-five-foot distance to the
next nearest healthy tree will prevail.)
(4)
New street trees shall not be planted over an existing tree stump
within two years of removal unless the stump is removed to a depth
of four feet.
(5)
The property owner has the responsibility to locate underground utilities
before digging.
(6)
Evergreen trees shall not be planted in a terrace area.
F.
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.
G.
Frames. Any person adjacent to whose land any shade or ornamental
tree or shrub is growing in any street may, for the propose 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.
H.
Acceptable trees. Certain plants are more suited than others to provide
these benefits under various landscape conditions. The following lists
provide a range of sizes and tree variety; they are not inclusive
of all the better plants but are representative of them.
(1)
Alder, Black (Alnus glutinosa).
(2)
Alder, Speckled (Alrus rugosa).
(3)
Ash, Green (Fraxinus pennsylvanica), and Ash, White especially the
seedless cultivate (e.g., Marshall's Seedless, Tatmore, Urbanite);
at Forester discretion.
(4)
Birch, River (Betula nigra), especially Heritage.
(5)
Cherry, Sargent (Prunes sargentii).
(6)
Chokecherry, Schubert (Prunes virginians "Schubertii").
(7)
Corktree, Amur (Phellodendron amurense).
(8)
Corktree, Sakhalin (Phellodendron sakhalinense).
(9)
Dogwood, Kousa (Cornus kousa).
(10)
Dogwood, Corrcliancherry (Cornus mas).
(11)
Elm, American (Ulmus americana); at Forester discretion.
(12)
Elm, Chinese (Ulmus parvifolia; not Siberian elm).
(13)
Ginkgo (Ginkgo biloba), male clones only.
(14)
Hackberry (Celtis occidentalis), esp. Chicagoland, Prairie Pride
and Windy City.
(15)
Honeylocust, Thornless Common (Gleditsia triacanthos inermis),
many cultivate available; vastly overused; would discourage continued
planting.
(16)
Hornbeam, American (Carpinus carolinians).
(17)
Hornbeam, European (Carpinus betulus).
(18)
Hophornbeam, American (Ostrya virginians).
(19)
Katsuratree (Cercidiphyllum japonicum).
(20)
Linden, Crimean (Tilia X euchlora).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(21)
Linden, Littleleaf (Tilia cordata), esp. Glenleven, Greenspire
and June Bride.
(22)
Linden, Silver (Tilia tomertosa).
(23)
Maple, Hedge (Acer campestre); at discretion of Forester.
(24)
Maple, Paperbark (Acer griseum); at discretion of Forester.
(25)
Maple, Three-flower (Acer triflorum); at discretion of Forester.
(26)
Maple, Miyabe (Acer miyabei); at discretion of Forester.
(27)
Maple, Norway (Acer platanoides), esp. Cleveland, Emerald Queen,
Schwedler, Summershade and Superform. May be too big for many areas;
too shady, often preventing lawn growth; at discretion of Forester.
(28)
Maple, Red (Acer rubrum), esp. Autumn Blaze, Marmo, Morgan,
Northwood, October, Glory and Red Sunset; at discretion of Forester.
(29)
Maple, Sycamore (Acer pseudoplatanus); at discretion of Forester.
(30)
Maple, Tartarian (Acer tataricum); at discretion of Forester.
(31)
Maple, Purpleblow (Acer truncatum), at discretion of Forester.
(32)
Oak, Bur (Quercus macrocarpa).
(33)
Oak, English (Quercus robur).
(34)
Oak, Pin.
(35)
Oak, Red (Quercus rubra or Q. borealis).
(36)
Pear, Callery (Pyrus calleryana), esp. Chanticleer and Fauriei
(cultivars such as Bradford and Aristocrat are proving to be landscape
liabilities as they age beyond 15 years).
A.
Prior to major trimming activity involving a public tree, the permit requirements of § 475-6A shall be complied with. Any person growing a tree, plant or shrub on any private property abutting on public streets or public places shall:
(1)
Trim them so as not to be a hazard to persons using the streets or
to interfere with the proper lighting of the streets.
(2)
Treat or remove any tree, plant or shrub which the Village Forester
shall determine is diseased or insect-ridden or a hazard to persons
using the streets.
(3)
Remove and refrain from planting any tree, plant or shrub designated
by the Wisconsin Department of Agriculture, Trade and Consumer Protection
and published in its regulations to be a host or carrier of a dangerous
plant disease or insect pest.
B.
Owners of any property may arrange to have any terrace or utility
easement tree, plant or shrub sprayed, trimmed or removed by the Village,
provided the owner pays for such service at the rates and charges
determined by the Public Works Director.
C.
Trees and shrubs standing in or upon any boulevard, public area or
upon any private premises adjacent to any public right-of-way or public
areas shall be kept trimmed by their owner (or adjacent property owner)
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 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.
D.
The necessity of the pruning may be determined by the Village Forester.
E.
Clearance from sidewalk to lower branches shall not be less than
eight 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 eight 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.
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 shall order the removal of 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 permits
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 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 right-of-way, 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 Village Forester.
C.
Interference with Forester. No person shall:
(1)
Interfere with or prevent any acts of the Forester or his/her agents
or employees while they are engaged in the performance of duties imposed
by this section.
(2)
Refuse to permit the Forester or his/her duly authorized representative
to enter upon his/her premises at reasonable times to exercise the
duties imposed by this section.
D.
Refusal to abate nuisance. Permits any public nuisance to remain
on any premises owned or controlled by him when ordered by the Forester
to abate such nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Chapter 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.