[Adopted as Ch. 26 of the 1961 Code]
[Amended 11-13-2018 by Ord. No. 2018-10]
Many trees and shrubs growing on private as well as public property in the Village are threatened by injurious insects and disease; the loss of these trees and shrubs would substantially depreciate the market value of property in the Village; the Village is engaged in a program to protect such trees and shrubs on public property; and in order to be effective, it is necessary that a similar program be carried out on private property; therefore, this article is adopted for the purpose of preventing the spread of these injurious insects and diseases and the resulting loss of trees and shrubs in order to protect and preserve the market value of property in the Village and to protect and preserve public health and safety. The terms "tree" and "shrub" as used in this article shall have the meanings defined in § 310-2 in Article I of this chapter.
The Village of Fox Point hereby declares any of the following to be a public nuisance and therefore subject to abatement pursuant to § 310-11 of this article.
A. 
Any tree or shrub or part thereof located upon any public or private property which is infected with an infectious plant disease, or is infested with injurious insects or pests, so as to threaten the health of other trees or shrubs in the Village, including but not limited to the following disease and infestation conditions:
(1) 
Dutch elm disease, defined as follows: any elm tree or part thereof infected with the Dutch elm disease fungus Ceratocystis ulmi (Buisman), or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh.). Also, any dead elm tree or parts thereof, including logs, branches, stumps, firewood or other elm material not buried or burned or from which the bark has not been removed.
(2) 
Asian long-horned beetle infestation, defined as follows: any tree or shrub or part thereof, or logs, branches, stumps, firewood or other tree or shrub material, which harbors the Asian long-horned beetle (Anoplophora glabripennis).
(3) 
Emerald ash borer infestation, defined as follows: any tree or shrub or part thereof, or logs, branches, stumps, firewood or other tree or shrub material, which harbors the emerald ash borer (EAB) (Agrilus planipennis)
No person shall permit any public nuisance as defined in § 310-9 of this article to remain in or upon any premises owned or leased by that person within the Village of Fox Point.
A. 
Public areas. Whenever the Village Forester, or in his/her absence, the Director of Public Works/Village Engineer, shall find on examination that a public nuisance as defined in § 310-9 exists upon any Village-owned land, Village park or Village right-of-way, he/she shall take steps to abate such nuisance tree, shrub or part thereof in such manner as to destroy or prevent the spread or continuance of a nuisance. The manner in which the nuisances shall be abated shall be determined by the Village Forester.
B. 
Private premises.
(1) 
Entry on premises. Every owner and person in possession of real estate in the Village shall permit employees of the Department of Public Works, the Forestry Department, persons authorized by the Village Forester, and contractors or employees of contractors under contract with the Village to enter upon the real estate for the purpose of examining trees and shrubs, logs, branches, stumps, and firewood. If it shall appear to any such person that a tree or shrub or any part thereof, or log, branch, stump, or firewood, may be diseased or infested with a pest, any such person shall be permitted to take the necessary sample of wood, bark, branch, or leaves from the tree, shrub, log, branch, stump, or firewood to have an examination made.
(2) 
Removing declared nuisances. If an examination made as above provided, or made at the request of the owner of the real estate, discloses that the tree, shrub, log, branch, stump or firewood is infected/infested with a plant disease or injurious pest as described in § 310-9 above, the Village Forester shall give notice to the owner of the real estate, at the owner's last known address, and to the person in possession of the real estate to have such declared nuisance lawfully removed from the Village within 30 days of giving such notice. All such shrubs, wood chips, non-chipped wood, branches, stumps and logs shall be disposed of by the owner outside Village limits and in accordance with best management practices so as to avoid the spread of destructive insects or pathogens. Such notice shall also indicate that the owner or person in charge of the premises may, within 14 days, request a hearing before the Village Tree Commission on the issue.
[Amended 8-14-2012 by Ord. No. 2012-07; 11-13-2018 by Ord. No. 2018-10]
Upon timely request made by the owner or person in charge of the premises, following receipt of a direction to abate a public nuisance, the Village Tree Commission shall hold a public hearing on the matter. After the public hearing, the Village Tree Commission shall determine whether the best interests of the public require that the directive be upheld, modified or rescinded, and the Village Tree Commission shall issue its decision in writing. The action of the Village Tree Commission may be appealed to the Village Board of Appeals within 30 days of the date of the Village Tree Commission's written decision, pursuant to Chapter 7, Administrative Review, of this Code.
If the owner or person in possession of such real estate does not lawfully remove the declared nuisance from the Village within 30 days after such notice is given, or if a hearing is timely requested and the order of the Tree Commission is not obeyed, or if the Tree Commission decision is timely appealed and the order of the Board of Appeals is not obeyed, then such declared nuisance shall be removed on order of the Village Forester. Accurate record of the expenses of removal, including all costs associated with the physical cutting, excavating, transporting and disposing of such declared nuisance, and the cost of professional services (including engineering, legal, planning, horticultural, forestry and other consulting fees), for the review and preparation of required documents or attendance at meetings or other related services in the matter, as well as to enforce these requirements, shall be made and a report thereof given to the Village Clerk/Treasurer. Such costs shall be billed to, and collected from the owner of the property where the nuisance was situated as a special charge, pursuant to § 66.0627, Wis. Stats. If such costs are not paid within 30 days of billing, then the cost shall be assessed against the real estate as a special charge pursuant to § 66.0627, Wis. Stats., and the same shall be collected in all respects like other Village taxes upon real estate.
Any and all acts to be done by the Department of Public Works, Forestry Department, or Village Forester, pursuant to the provisions of this article, may be done by such Village employees, or by any other person duly authorized by the Village Forester, or by any contractor or the employees of any contractor with whom the Village may from time to time enter into a contract for the removal of the declared nuisance; provided that the method to be used by any such other person or contractor in performing any of said work shall be approved by the Village Forester.
No person shall prevent, interfere with or hinder, or attempt to prevent, interfere with or hinder, any person performing any acts authorized or directed to be performed pursuant to the provisions of this article. A person does not violate this section by requesting identification from any person performing acts authorized or directed under this article.
In addition to, and not to the exclusion or prejudice of, all other remedies available to the Village, the penalties described in § 1-4 of this Code shall apply for violation of this article. Each and every day for which a violation continues shall be deemed a separate offense.