It is the intent of this chapter to promote and protect the
public health and safety by regulating tree planting, pruning and
removal.
The following terms shall have the meanings indicated in this
section:
PERSON
Any individual or entity.
PUBLIC AREA
Land owned, controlled, or leased by the Village of Mishicot,
including but not limited to road right-of-way, terraces, and park
lands.
PUBLIC NUISANCE
A.
Communicable disease. Any potentially fatal disease infecting
trees growing on either public or private property that is capable
of infecting other trees within the Village.
B.
Hazardous trees. Any tree that displays a loss in structural
integrity, limbs and/or trunk, so as to represent a danger to the
general public.
C.
Insect infestations. Existing insect populations that severely
threaten the life of the tree(s) and have the potential to spread
and cause damage to other trees within the Village.
TERRACE
The area between the sidewalk and street or, where there
is no sidewalk, the area between the right-of-way line and street.
TREE
Any woody plant which reaches a mature height taller than
15 feet.
The Village shall have the right in the interest of public health
and safety and pursuant to its police power to abate public nuisances
as defined in this chapter as follows:
A. Summary abatement. Upon investigation and determination by the officer that a tree constitutes a public nuisance and that there is an imminent danger to public safety, the Village shall cause to be served upon the property owner a written abatement notice, pursuant to Subsection
D of this section, detailing the nature of the nuisance, the particular tree or trees affected, the method or manner of abatement (including wood disposal), and the date by which such abatement must take place. The notice shall order abatement of the nuisance within a period of not less than 24 hours nor greater than seven calendar days and shall state that unless the nuisance is so abated, the Village will cause the same to be abated and will charge the cost thereof to the owner, occupant, or person causing, maintaining, or permitting the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.
B. Nonsummary abatement. If an officer determines that a public nuisance exists but that the nature of such nuisance is not such as to threaten imminent danger to the public safety, notice to abate the nuisance may be issued and served by the Village pursuant to Subsection
D of this section. The notice shall order abatement of the nuisance within a period of not less than 15 calendar days and shall state that unless the nuisance is so abated, the Village will cause the same to be abated and will charge the cost thereof to the owner, occupant, or person causing, maintaining, or permitting the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.
C. Hearing. If an officer determines that a public nuisance exists but that the nature of such nuisance is not such as to threaten imminent danger to public safety, the officer may order the owner, occupant, or person causing, maintaining, or permitting the nuisance to appear for a hearing to discuss abatement of the nuisance. The hearing shall include the officer and a representative of the Police Department. Notice of the hearing shall be issued and served by the Village pursuant to Subsection
D of this section. The parties may formulate an abatement plan which indicates the measures to be taken by the owner, occupant, or person causing, maintaining, or permitting the nuisance to abate the nuisance.
D. Notice to abate. The officer may attempt personal service on the
owner, agent of the owner, occupant or other person causing, maintaining
or permitting the nuisance at such person's last known address. If
this attempt is unsuccessful or impractical, the officer shall post
a copy of the notice in a conspicuous place in or about the building
or property where the nuisance exists and send notice by first-class
mail to the last known address of the owner or agent of the owner.
E. Remedy from abatement order. Any person affected by an order under Subsection
A or
B shall, prior to the abatement date, apply to the Circuit Court for an order to prevent the Village from entering on the premises and abating or removing the nuisance or be forever barred.
F. Failure to comply.
(1) Failure to comply with order to abate. No person shall fail to comply
with a lawful order to abate a public nuisance issued pursuant to
this section. Each day of noncompliance with a lawful order to abate
issued pursuant to this section is a separate violation.
(2) Failure to appear for hearing. No person shall fail to comply with an order to appear for an abatement hearing pursuant to Subsection
D of this section.
(3) Failure to observe abatement plan. No person shall fail to comply
with the terms of an abatement plan.
G. Abatement by court action. If the Village determines that a public
nuisance exists, the officer may refer the nuisance to the Village
Attorney for review. If the Village Attorney determines that alternative
enforcement methods have failed to abate the nuisance or would be
ineffective in doing so, the Village Attorney may cause an action
to abate such nuisance to be commenced in the name of the Village
in the Circuit Court of Manitowoc County in accordance with the provisions
of the Wisconsin Statutes.
H. Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with state law.
I. Enforcement. For the purpose of this chapter, "officer" shall mean
the Chief of Police, the Village Forester and their designees. These
officers shall enforce the provisions of this chapter that come within
the jurisdiction of their offices, and they shall make periodic inspections
and inspections upon complaint to ensure that such provisions are
not violated. No action shall be taken under the Mishicot Village
Code to abate a public nuisance unless the officer has inspected,
or caused to be inspected, the premises where the nuisance is alleged
to exist and is satisfied that a nuisance does in fact exist.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
J. Appeal. If a property owner disputes the abatement order, such owner
may appeal the order by filing with the Village Clerk-Treasurer a
written request to appeal the order. Such request shall be filed within
10 days of service of the abatement order and shall state the basis
for the appeal. The appeal shall be heard within 30 days by the Public
Works Committee. Written notice of the date and time of the appeal
hearing shall be mailed by the Village Clerk-Treasurer to the property
owner at least 10 days before the hearing. The property owner shall
present his or her basis for the appeal. The Village Forester shall
also appear and respond to the appeal as necessary. The Committee
shall affirm, reverse or modify the abatement order. Such decision
shall be final and binding upon the property owner.
[Amended 9-20-2016 by Ord. No. 2016-05; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
A person or entity shall not plant a tree or any other plant
in the terrace without first obtaining a permit, free of charge, from
the Village Forester, and the person or entity obtaining a permit
shall follow the following procedures:
A. No tree or any other plant shall be allowed in a terrace with a width
of less than four feet.
B. No tree or any other plant shall be allowed closer than 60 feet to
the nearest road intersection.
C. No tree or any other plant shall be allowed closer than 15 feet to
the adjacent property's approach drive.
D. No tree or any other plant shall be allowed within 15 feet of a fire
hydrant.
E. No tree or any other plant shall be allowed within 15 feet of a utility
pole.
F. Only tree species listed in the specifications and Comprehensive
Planting Plan shall be planted in the terrace.
G. Upon receiving a planting permit, the property owner agrees to assume
the responsibility of maintaining and caring for the approved trees
and plants.
H. No shrubs are allowed in the terrace right-of-way area that includes
the area between the curb and sidewalk.
I. All trees and any other plants must be kept and maintained a minimum
of two feet off the sidewalk edge. All trees must be trimmed and maintained
a minimum of eight feet above the sidewalk.
No person shall remove, destroy or injure a tree on a public
area, other than in conformity with this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Purpose and intent. It is the intent of this section to promote and
protect public health and safety by the maintenance of terraces.
B. Maintenance of terrace. The property owner shall be responsible for
the maintenance of the terrace, including existing trees. Unless approval
is obtained from the Director of Public Works for an alternate type
of surface, such maintenance shall be consistent with the balance
of the property owner's lawn. Where, due to terrain or the size of
the terrace, a grass lawn is impractical or undesirable, in the discretion
of the Director of Public Works, then said Director may permit the
property owner to utilize an alternate surface that is more compatible
with the terrace conditions. Examples of such alternatives would be
blacktop or concrete where the terrace is narrow or ground cover where
the terrace is steep.
C. Failure to maintain the terrace. If any person fails to maintain
the terrace as provided above and such failure continues more than
10 days after a person is sent written notice by the Village to effect
maintenance of the terrace, then in that event the owner shall be
liable for the expense incurred by the Village in doing the maintenance.
Such amount shall be placed upon the tax roll and become a lien on
the abutting property as a special charge.
Any person who shall violate any provision of this chapter or any regulation, rule, or order made hereunder shall forfeit not less than $1 nor more than $1,000. In addition, any person who violates §
321-8 shall also be liable for the replacement value of the subject tree, such replacement value to be determined by using the eighth edition of the International Society of Arboriculture's tree appraisal formula.