[Amended 3-12-2019 by Ord. No. 2617; 4-9-2019 by Ord. No. 2618]
The City Forester or authorized representative shall, if he/she
believes there is a tree or shrub which is a Public Nuisance that
is affecting or could affect a Public Area, as those terms are defined
in this chapter, shall proceed to obtain a special inspection warrant
under Wisconsin Statute § 66.0119 and/or Wisconsin Statute
§ 27.09.
[Amended 7-24-2018 by Ord. No. 2606; 3-12-2019 by Ord. No. 2617; 4-9-2019 by Ord. No. 2618]
The City Forester shall, upon determining that a tree or shrub
constitutes a Public Nuisance that is affecting or could affect a
Public Area, issue a notice to the property owner where the nuisance
tree exists. Written notice, either personally or by publication,
that the tree or shrub creating the public nuisance shall be treated,
trimmed, removed or otherwise controlled so as to abate the Public
Nuisance. The notice shall establish a time period for the abatement
of the Public Nuisance of up to 30 days as determined by the City
Forester based upon the seriousness of the trees' condition and/or
the danger to safety within public rights-of-way and Public Areas.
In the event that the owner of the property fails to abate the Public
Nuisance as required under the notice, the City Forester may then
send a written notice, by certified mail, to the property owner at
the address contained in the current real property tax records, or
by publication. The notice shall describe the tree or shrub determined
to be Public Nuisance. The notice shall also provide an adequate description
of the specific location of the tree or shrub and shall set forth
the date and time of a hearing before the Parks, Building and Grounds
Commission, which hearing shall be for the purpose of considering
action to be taken as a result of the identification of the Public
Nuisance. Such notice shall be given not less than 10 days prior to
the scheduled hearing. If, following the hearing, the Parks, Building
and Grounds Commission concurs that a Public Nuisance exists, the
City Forester may proceed under Wisconsin Statute § 27.09
to eliminate the Public Nuisance and thereafter shall bill the property
owner for the costs of such remediation. The abatement of the Public
Nuisance may be performed by a contractor on behalf of the City. In
the event that said costs are not paid within 30 days of the billing,
the costs may be pursued as a special charge for current services
pursuant to the procedures as set forth in Wisconsin Statute § 66.0627.
Any property owner aggrieved by the decision of the Parks, Building
and Grounds Commission may, within 14 days of the date of the decision
provide notice of its intent to appeal that determination. Said appeal
shall be heard before the Common Council of the City of New Berlin,
which shall make a determination to reverse, affirm or amend the order
within 20 days of the filing of the appeal.
In the course of work on private property, no
person, or contractors hired by such person, shall take any action
or cause, either directly or indirectly, the damage or injury to any
plant, shrub or tree located on any Public Areas.
[Amended 7-24-2018 by Ord. No. 2606]
It shall be unlawful for any person to carry or transport into
the City any trees, logs, or branches known to be affected by any
communicable disease or insect which may affect trees, as noted by
the DNR and Ag Safety. Any such material brought into the City shall
be disposed of by the parties responsible for bringing the diseased
or infected trees, logs, or branches into the City in the manner and
in a location designated by the City Forester.
