Village of Kimberly, WI Trees and Shrubs

Fatal or deleterious tree diseases.

Elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.); Dutch elm disease.

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 elm tree or part thereof, including logs, bark, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm-bark-beetle-destroying concentrate.

(5)

Any other deleterious or fatal tree disease.

(6)

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.

(7)

Any tree or part thereof which is infested by the Eastern tent caterpillar or other defoliating larvae.

PUBLIC PROPERTY

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.

[1]

Editor's Note: The definition of "person," which immediately followed this lead-in, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Inspection.

The Village Tree Board or its designee shall inspect or cause to be inspected all premises and places within the Village to determine whether any public nuisance exists thereon. The Tree Board shall also inspect or cause the inspection of any elm tree reported or suspected to be infested with the Dutch elm disease or any elm bark bearing materials reported or suspected to be infested with elm bark beetles.

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 Tree Board, which shall forward them to the Wisconsin Department of Agriculture, Trade and Consumer Protection at Madison for analysis to determine the presence of such nuisances.

The Tree Board and its 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.

Abatement of nuisances; duty of Tree Board.

The Tree Board 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 it 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.

Whenever the Tree Board after inspection or examination shall determine that a public nuisance as herein defined exists on public property in the Village, the Board 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.

Notice and hearing; abatement.

(a)

When the Tree Board shall determine with reasonable certainty that a public nuisance exists upon private premises, it shall immediately serve or cause to be served personally or by registered mail upon the owner of such property, if he 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 Tree Board 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.

(b)

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 Tree Board 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 Tree Board may extend the time allowed the property owner for abatement work but not to exceed 10 additional days.

Spraying.

Whenever the Tree Board 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, it may cause all trees within a one-thousand-foot radius thereof to be sprayed with an effective disease-destroying concentrate or other insecticide, with the prior approval of the Village Board.

In order to facilitate the work and minimize the inconvenience to the public of any spraying operations conducted under this section, the Tree Board 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 Tree Board shall also notify the Chief of Police, 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.

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.

When trees on private property are to be sprayed, the Tree Board shall notify the owner of such property and proceed in accordance with the requirements of Subsection D(3).

§ 445-6 Assessment of costs of abatement.

The entire cost of abating any public nuisance or spraying trees as defined herein shall be charged to and assessed against the parcel or lot abutting on the street, alley, terrace, boulevard or parkway upon or in which such tree is located or the parcel or lot upon which such tree stands in accordance with § 66.0627 or 27.09, Wis. Stats. The cost of abating any such nuisance or part thereof which is located in or upon any park shall be borne by the Village.

The cost of abating a public nuisance or spraying elm trees or elm wood located on private premises, when done at the direction and under the supervision of the Tree Board, shall be assessed to the property on which such nuisance, tree or wood is located as follows:

The Tree Board 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.

Upon receiving the Tree Board's report, the Village Board 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. 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.

After such hearing, the Village Board 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.

The Village Administrator 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.

§ 445-7 Permit for planting, maintenance and removal of trees and shrubs.

Permit required. No person, except upon order of the Tree Board, shall plant or remove or perform major alterations, as determined by the Tree Board, on a tree or shrub in the public right-of-way terrace area or cause such act to be done by others without first obtaining a written permit for such work from the Tree Board as herein provided. The applicant shall comply with the planting standards of § 445-8.

Permit exemptions. No permit shall be required to cultivate, fertilize or water trees or shrubs or for work by Village personnel on park properties. No permit is necessary to plant trees inside the property line.

Permit requirements and conditions. If the Tree Board determines that the proposed work or planting 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 sidewalk, 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 need of the genus, species and variety of tree or shrub, it shall have the Forester issue a permit to the applicant.

Permit form; expiration; inspection. Every permit shall be issued by the Tree Board on a standard form and shall include a description of the work to be done and shall specify the genus, species and variety, size, nursery grade and location of trees or shrubs to be planted, if any. Any work under such permit must be performed in strict accordance with the terms thereof and the provisions of this chapter. Permits issued under this section shall expire six months after date of issuance. There will be no charge for this permit.

Permits to public utilities.

Whenever a permit is issued under this section to a public utility to remove, trim, prune, cut, disturb, alter or perform surgery on any public tree or shrub, the Tree Board 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. The expense of such inspection or supervision shall be charged to the utility at the usual Village rate.

A public utility may secure an annual working agreement with the Tree Board which gives the Village the authorization to supervise and direct work associated with trees and shrubs.

§ 445-8 Planting of trees and shrubs.

Purpose. 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.

Tree planting program. The Tree Board shall recommend to the Village Board a program for tree planting, care and protection for public parks. The Tree Board shall also encourage the planting, care and protection of trees and shrubs on private premises within the Village.

Street tree species to be planted. The following list constitutes the official street tree species for the Village of Kimberly, Wisconsin. No species other than those included in this list may be planted as street trees without written permission of the Tree Board.

Small trees. Apricot; crabapple, flowering; golden rain tree; hawthorne (sp.); pear, bradford; redbud; soapberry; lilac, Japanese tree; peach, flowering; plum, purpleleaf; serviceberry.

Medium trees. Ash, green; hackberry; honeylocust, thornless; linden or basswood (sp.); mulberry, red (fruitless male); oak, english; oak, red; pagodatree, Japanese; pecan; birch, river; osaugorange (male, thornless); persimmon; poplar, white; sassafras.

Large trees. Coffeetree, Kentucky; maple, silver; maple, sugar; oak, burr; maple, red; sycamore; sycamore, London planetree; cottonwood (cottonless, male); emerald queen maple; columnar maple.

Planting.

There shall be a minimum distance of 25 feet and a recommended distance of 35 to 50 feet between terrace area trees, depending upon the size of tree and other factors. Terrace trees shall be planted equal distance between the sidewalk or proposed sidewalk and back of the curb or proposed back of curb. In terrace areas less than three feet wide, planting will not be permitted. Terrace area trees shall be a minimum of 25 feet from an intersection.

Evergreen trees shall not be planted in a terrace area.

It shall be unlawful to plant or maintain shrubbery, ground cover or other plants not considered to be a deciduous leaf tree within terrace areas whose growth is in excess of eight inches in height above the top of the nearest curb.

Tree grates shall be provided by the adjacent property owner for terrace trees surrounded by concrete and shall be level with adjacent concrete.

Unlawfully planted trees. Trees, plants or shrubs planted within any terrace or planting easement without the authorization and approval of the Tree Board may be removed. The Tree Board 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.

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 Tree Board.

§ 445-9 Public tree care.

Village authority. The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

Tree removal. The Tree Board may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers, electric power lines, gaslines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees are in accordance with §§ 445-7 and 445-8.

Tree topping. It shall be unlawful as a normal practice for any person, firm or Village department to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. 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 subsection at the determination of the Tree Board.

Pruning; right-of-way clearance. Every owner of any tree overhanging any street or right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 10 feet above the surface of the sidewalk and 14 feet above the street. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 445-10 Trees and shrubbery obstructing view at intersection or view of traffic signs.

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.

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.

The Village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic control device or sign. 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 Tree Board 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 Tree Board or Street Commissioner shall order Village employees to remove 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.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Any person who is an owner or occupant or firm or corporation failing to obey the written notice of the Tree Board as specified in Subsection C above shall, upon conviction thereof, be subject to a forfeiture as established in § 1-4 of this Code.

§ 445-11 Removal of trees and stumps.

Dangerous, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the Tree Board shall find to be infected, hazardous or a nuisance so as to endanger the public or other trees, plants or shrubs growing within the Village, or to be injurious to sewers, sidewalks or other public improvements, whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The Tree Board or its designee shall give written notice to said owner to remedy the situation, which shall be mailed, served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days, as determined by the Tree Board on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limit, the Tree Board shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the Village Administrator, who shall thereupon enter such cost as a special charge against the property.

Removal standards. In cutting down trees located in public and terrace areas, the tree must be removed with the root stump grubbed out or ground out to a depth of at least nine inches below grade measured in a straight line with the normal grade of sidewalk to top of curb. All wood and debris must be removed from the street prior to the end of each working day, and all holes shall be filled to normal grade level with topsoil as soon as practicable.

Private removal. No person, firm, organization or corporation shall plant, injure, trim, remove or destroy any tree or shrub located in or upon any public place until a permit shall have been issued by the Tree Board. Such permit shall be issued only when the removal, trimming or cutting of the tree or shrub is necessary, as determined by the Tree Board, because of disease, damage, hazardous condition and/or location, or its location is such that substantial detriment is done to the property upon which the tree or shrub stands or property abutting the same. Such permit shall expressly state the premises upon which the tree stands and the location of the tree thereon.

Dead or diseased tree removal on private property. The Village shall have the right to cause the removal of any dead or diseased trees on private property within the Village when such trees constitute a hazard to life and property or harbor insects or disease which constitutes a potential threat to other trees within the Village. The Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Village shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.

§ 445-12 Prohibited acts.

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 Tree Board 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:

Secure, fasten or run any rope, wire, sign, unprotected electrical installation or other device or material to, around or through a tree or shrub.

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.

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.

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 "no parking" 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.

Excavations. All trees on any 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 Tree Board.

Interference with Tree Board. No person shall:

Interfere with or prevent any acts of the Tree Board or its agents or employees while they are engaged in the performance of duties imposed by this chapter.