[HISTORY: Adopted by the Common Council of the City of Mayville 2-13-1989
by Ord. No. 695-89 as Ch. 22 of the 1989 Code. Amendments
noted where applicable.]
A.
Designation. The City Park and Recreation Commission
is designated as the City Tree Board.
B.
Powers and duties. The Tree Board shall have the following
powers and duties:
(1)
To prepare and maintain an inventory of trees located
on public lands within the City.
(2)
To prepare and recommend to the Council a plan for the
planting, care and maintenance of trees in the City, including the number,
species and location.
(3)
To apply for state and federal grants for the preparation
and implementation of the City's tree plans and programs.
(4)
To retain such persons or firms who or which are qualified
in urban forestry as the Council shall authorize to assist in the development
of urban forestry management for the City.
(5)
To provide a forum for and encourage public comments
on City tree plans and programs.
(6)
To annually conduct Arbor Day observance and ceremonies.
(7)
To maintain Tree City USA status.
This chapter provides the Tree Board full power and authority over all
trees and shrubs located within street rights-of-way, parks, cemeteries, and
other public places in the City and trees and shrubs located on private property
that constitute a hazard, threat or nuisance as described herein.
For the purpose of this chapter, the following terms, phrases, words,
and their derivations shall have the meaning given in this section:
The City Urban Forester who is appointed by the Common Council.
The area between the curb and sidewalk and the area between the sidewalk
and private property line that is City-owned property, unpaved street-side
City property, or an area on private property where an easement is given to
the City for the purpose of planting trees.
Any and all trees growing on private property within the City limits
as of or after the effective date of this chapter or its successor ordinances
and which are not defined or designated in this chapter as street trees, park
trees or public trees.
Any tree or shrub or part thereof growing upon private or public
property which is interfering with the use of any public area or infected
with an infectious pest or endangers the life, health, safety or welfare of
persons or property.
A portion of property reserved for public use and accepted for such
use by the City to provide circulation and travel to abutting properties,
including but not limited to streets, alleys, sidewalks, provisions for public
utilities, cut and fill slopes and public open spaces.
All trees growing on any street, park or public place owned and/or
managed by the City of Mayville as of or after the effective date of this
chapter or its successor ordinances.
Any public, private or cooperatively owned line, facility or system
for producing, transmitting or distributing communications, power, electricity,
light, heat, gas, oil products, water, wastewater, or stormwater which directly
or indirectly serves the public or any part thereof within the corporate limits
of the City.
The specific reduction in the overall size of a tree and/or the cutting
back of branches or limbs to such a degree so as to remove the normal canopy
and disfigure the tree.
The program which is a part of the Department of Public Works and
which is responsible for the care and maintenance of the urban forest resources
located on City property.
A.
Appointment. The City of Mayville may employ a City Forester
(§ 27.09, Wis. Stats.).
B.
Powers and duties. The City Forester shall have the following
general powers and duties:
(1)
To direct, manage, supervise and control the City street
tree program, including all planting, removal, maintenance and protection
of all trees and shrubs on all public areas, and to supervise City personnel
in the planting, removal, maintenance and protection of said trees and shrubs.
(2)
To follow accepted procedures in the guarding of all
trees and shrubs within the City so as to prevent the spread of disease or
pests and to eliminate dangerous conditions which may affect the life, health
or safety of person or property.
(3)
Such other powers and duties as are provided by the laws
of Wisconsin, particularly §§ 27.08 and 27.09, Wis. Stats.,
by ordinance of the City and by the City Tree Board.
The City of Mayville may develop a master street tree plan. The master
street tree plan shall consist of a City-wide, street-by-street written inventory
of existing trees and an evaluation of all space and site factors which will
aid in the determination of new tree species best suited to a particular planting
site in regard to growing habits, shape, form, health, disease and pest resistance,
conflicts with wires, lights, pavement, traffic, pedestrians, sidewalks, environmental
pollution, sewers, space availability, or other factors. The evaluation of
the space and site factors and the species selection for a particular street
shall be made by the City Forester.
A.
Tree species. The City Tree Board shall develop and maintain
a list of desirable trees for planting along streets in three size classes:
short, medium and large. A list of trees not suitable for planting will also
be created and enforced by the City.[1]
[1]
Editor's Note: A list of recommended street trees is included at the
end of this chapter.
B.
Spacing. The spacing of street trees will be in accordance
with the tree species size classes listed in this chapter, and no trees may
be planted closer together than the following: small trees, 30 feet; medium
trees, 40 feet; and large trees, 50 feet, except in special plantings designed
or approved by the City Forester.
C.
Utilities. No street trees other than those species listed
herein as small trees may be planted under or within 10 lateral feet of any
overhead utility wire.
D.
Distance from curb and sidewalk. The distance trees may
be planted from curbs or curblines and sidewalks will be in accordance with
the tree species size classes listed in this chapter, and no trees may be
planted closer to any curb or sidewalk than the following: small trees, two
feet; medium trees, three feet; and large trees, four feet.
E.
Topping. It shall be unlawful as a normal practice for
any person, firm, or City department to top any public tree on public property.
Trees severely damaged by storms or other causes, or certain trees under utility
wires or other obstructions where other pruning practices are impractical,
may be exempted from this chapter at the determination of the Tree Board.
No person shall plant, remove, or disturb any public tree on any street, park, or other public place without a permit. The person receiving the permit shall abide by the standards set forth in this chapter. Trees located in street rights-of-way shall be pruned by adjacent landowners in compliance with Chapter 368, Streets and Sidewalks, § 368-6 of this Code.
A.
The City Forester or his/her official designee has the
authority to enter onto private property whereon there is located a tree,
shrub, plant or plant part that is suspected to be public nuisance. Upon the
discovery of any destructive or communicable disease, pestilence or hazardous
condition which endangers the growth or health of trees, or threatens to spread
disease or infestations, the City Forester shall at once cause written notice
to be served upon the owner of the property upon which such diseased or infested
tree is situated, and the notice shall require such property owner to eradicate,
remove or otherwise control such condition within a reasonable time to be
specified in such notice.
B.
No person shall interfere with the City or its authorized
agent while it or he is engaged in carrying out any work or activities associated
with this section.
The Tree Board shall have as one of its duties the location, selection
and identification of any trees which qualify as landmark trees. A tree may
qualify as a landmark tree if it meets one or more of the following criteria:
size, species rarity, old age, association with an historical event or person,
abnormality, scenic enhancement, etc.[1]
A.
Whenever a permit is issued under this chapter to a public
utility to remove, trim, prune, cut, disturb, alter or do surgery on any public
tree or shrub, the City 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 at the usual City rate.
B.
A public utility may secure an annual working agreement
with the Department of Public Works and the Tree Board which gives the City
Forester the authorization to supervise and direct work done associated with
trees and shrubs.
The City shall have the power to promulgate and enforce rules, regulations
and specifications concerning the trimming, spraying, removal, planting, pruning
and protection of trees and shrubs upon the right-of-way of any street, alley,
sidewalk or other public open space in the City.
A.
Violations. Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to the provisions of this chapter, upon being found guilty of violation, shall be subject to a penalty as provided in § 1-4 of this Code for each separate offense. Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this chapter, the injury, mutilation or death of a tree, shrub or other plant located on City-owned property is caused, the cost of repair or replacement of such tree, shrub, or other plant shall be borne by the party in violation.[1]
B.
Assessment of claim. In the event that a nuisance is
not abated by the date specified in the notice, the City Forester is authorized
to cause the abatement of said nuisance. The reasonable cost of such abatement
shall be filed as a lien against the property on which the nuisance was located.
In addition, the owner of the property upon which the nuisance was located
shall be subject to prosecution.
C.
Appeals. Any person who received a determination or order
from the City Forester and objects to all or any part thereof may appeal to
the Tree Board within seven days of receipt of the order, and the Board shall
hear such appeal within 45 days of receipt of written notice of the appeal.
After such hearing, the Board may reverse, affirm or modify the order or determination
and shall state the grounds for its decision in writing. The Board 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 City Clerk.