Whenever the following words or terms are used in this chapter, they
shall be construed to have the following meanings:
CITY
The City of Montello, Wisconsin.
CLEAR-SIGHT TRIANGLE
A triangle formed by the curblines of two intersecting rights-of-way
and a third line connecting a full-view zone at corners of streets, alleys
and highways.
MAJOR ALTERATION
Trimming a tree beyond necessary trimming to comply with this chapter.
PERSON
Person, firm, association or corporation.
PUBLIC AREAS
Includes all public parks and other lands owned, controlled or leased
by the City, except the terrace areas.
PUBLIC NUISANCE
A.
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.
B.
Dutch Elm disease, defined as follows:
(1)
Any living or standing elm tree or part thereof infected with Dutch
Elm disease fungus Ceratocyslis ulmi (Buisman) or which harbors any of the
elm bark beetle Scolytus multistriatus (Eich.) or Hyurgopinus rufipes (Marsh.).
(2)
Any dead elm or part thereof, including logs, branches, stumps, firewood
or other elm material, not buried, burned or from which the bark has not been
removed.
SHRUB
Any woody vegetation or a woody plant having multiple stems and bearing
foliage from the ground up.
TERRACE AREAS
The land between the normal location of the street curbing and sidewalk.
Where there is no sidewalk, the area four feet from the curbline shall be
deemed to be a terrace for the purpose of this chapter.
TREE
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.
No person shall interfere with the City Forester or his authorized representative
while he is engaged in carrying out any work or activities authorized by this
chapter.
The entire cost of planting, removal, Dutch Elm disease treatment or
removal, maintenance and protection of trees and shrubs on all terrace areas
in the City shall be borne by the abutting property owner or as determined
by the Common Council.
Any person who receives a determination or order under this chapter
from the City Forester or Public Works Committee and objects to all or any
part thereof shall have the right to appeal such determination or order, subject
to the provisions of Ch. 68, Wis. Stats., 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
and file its written decision with the City Clerk-Treasurer.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and incorporated
herein by reference.