Whenever the following words or terms are used
in this chapter, they shall be construed to have the following meanings:
BOULEVARD OR TERRACE AREAS
The land between the normal location of the street curbing
and sidewalk. Where there is no curb and gutter, the area four feet
from the curbline shall be deemed to be a boulevard for the purpose
of this chapter. "Boulevard" shall have the same meaning as "terrace."
Where there are no sidewalks, the area four feet from the curb shall
be deemed boulevard areas under this chapter.
CITY FORESTER
The City Council shall designate a City Forester or assign
such duties to a City employer.
EVERGREEN TREE
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extend from ground
level throughout its entire height.
MAJOR ALTERATION
Trimming a tree beyond necessary trimming to comply with
this chapter.
PERSON
Person, firm, association or corporation.
PUBLIC AREA
Includes all public parks and other lands owned, controlled
or leased by the City, except the terrace areas.
PUBLIC NUISANCE
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.
SHRUB
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
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.
The City Forester or his/her authorized representative
may enter upon private premises at all reasonable times for the purpose
of examining any tree or shrub located upon or over such premises
and carrying out any of the provisions of this chapter. If a request
to inspect such trees or shrubs is denied by the person responsible
for the property, an inspection warrant may be obtained pursuant to
§ 66.0119, Wis. Stats.
No person shall interfere with the City Council
or its authorized representatives while they are engaged in carrying
out any work or activities authorized by this chapter.
Any person who receives a determination or order under this chapter from the City Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter
6, Administrative Review, of this Code of Ordinances, to the City Council within seven days of receipt of the order, and the City Council shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the City Council may reverse, affirm or modify the order or determination appealed from, and the grounds for its decision shall be stated in writing. The City Council shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Council shall file its written decision with the City Administrator.
An annual inspection by competent personnel
shall be made of all trees within the terrace strip along every public
way within the City and also those trees on private lands within falling
distance of any public way or public place.
Sections 27.09 and 86.03, Wis. Stats., are hereby
adopted and incorporated herein by reference.