[HISTORY: Adopted by the Common Council of the City of Oconto Falls 6-14-1983
(Ch. 30). Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 348.
A.
All species and varieties of trees infected with a harmful
disease, as determined by the Administrator - Clerk/Treasurer or designee,[1] are hereby declared to be a public nuisance.
B.
All species and varieties of trees that are dead or substantially
dead, and all dead or diseased trees to which the bark is still attached,
which, because of their condition, may serve as a carrier of said disease
are hereby declared to be a public nuisance.
The Administrator - Clerk/Treasurer or designee, in conjunction with
the Chief of Police, shall perform the duties set forth in this chapter. They
shall have such assistance as the Common Council shall from time to time provide
for.
It shall be unlawful for any owner of any lot or parcel of land in the
City to permit or maintain on any such lot or parcel of land any dead or dying
tree which is a public nuisance as defined herein, and it shall be the duty
of the owner of such to promptly remove and burn any such tree or dead wood
under the supervision and direction of the Administrator - Clerk/Treasurer
or designee and the Street, Public Property and Public Works Committee.
The Administrator - Clerk/Treasurer or designee is authorized and empowered
to enter upon any lot or parcel of land in the City at any reasonable hour
for the purpose of inspecting any tree believed to be dead or infected. It
shall be unlawful for any person, firm or corporation to interfere with such
inspection.
A.
If it is determined by the Administrator - Clerk/Treasurer
or designee that any such tree is a public nuisance as herein defined, a notice
shall be served upon the occupant and the owner of record of the lot or parcel
of land upon which said tree or trees are located requiring such owner to
comply with the provisions of this chapter and to remove and burn the infected
tree or trees within 45 days following the service of said notice. If said
owner neglects or refuses to remove said infected tree, the Administrator
- Clerk/Treasurer or designee may enter upon said lands and remove and burn
said infected tree.
B.
The City may contract for removal, and in any event the
cost thereof shall be assessed against such owner, and, if not paid within
60 days after the statement is rendered, said cost shall be assessed against
the owner and entered on the tax roll as a charge against said lot or parcel
of land. Service of notice shall be personal, or by registered or certified
mail, directed to the owner of record at said owner's last known address.
Any diseased tree or wood on property owned by or controlled by the
City shall be removed and burned by said City at its expense.
Trees cut by the owner shall be disposed of in accordance with Chapter 413, Solid Waste, of this Code.
If any person, firm or corporation is responsible for any tree appearing
to be diseased and if, in the opinion of the Administrator - Clerk/Treasurer
or designee, upon inspection there is a possibility of saving the same by
some accepted treatment and the owner so desires to avail himself of a possible
accepted remedy, the Administrator - Clerk/Treasurer or designee, in his sole
discretion, may permit the owner of said tree to avail himself of some accepted
treatment. If, in the considered opinion of the Administrator - Clerk/Treasurer
or designee, the tree in question does not respond to such treatment, the
same shall be subject to removal as hereinbefore provided in this chapter.
The expense of such treatment shall in all cases be the responsibility of
the tree owner.
Any person, firm or corporation violating any of the provisions of this chapter by failing, neglecting or refusing to comply with the provisions of any notice herein provided for within 45 days after the service thereof or who shall resist or obstruct in carrying out the provisions of this chapter shall be punishable as provided in § 1-9 of this Code. A separate offense shall be deemed committed each day during which a violation occurs or continues.
