[HISTORY: Adopted by the Village Board of the Village of
Mishicot 6-2-2015 (Ch. 20 of the
former Municipal Code). Amendments noted where applicable.]
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:
Any individual or entity.
Land owned, controlled, or leased by the Village of Mishicot,
including but not limited to road right-of-way, terraces, and park
lands.
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.
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.
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.
The area between the sidewalk and street or, where there
is no sidewalk, the area between the right-of-way line and street.
Any woody plant which reaches a mature height taller than
15 feet.
A.
Composition. The Mishicot Public Works Committee shall be comprised
of three individuals.
B.
Duties and responsibilities. The Mishicot Public Works Committee
will be responsible for reviewing and making recommendations on urban
forestry management policies, urban forestry budgets, and community
education and awareness programs.
A.
The Director of Public Works shall serve as Village Forester.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Responsibilities.
(1)
The Village Forester will be responsible for the administration of
all maintenance activities, including planting of all trees growing
in public areas, and the administration and enforcement of this chapter.
(2)
The Village Forester shall keep and maintain and make available copies
of the Village's tree ordinances, Tree Maintenance Manual, and Comprehensive
Planting Plan.
(3)
The Village Forester shall issue and administer permits for the pruning,
removal, and planting of trees on public areas by the adjacent property
owner.
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.
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.[2]
[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.
A.
Publicly owned trees.
(1)
Utility companies shall notify the Village Forester prior to the
pruning of any tree on a public area for the purpose of maintaining
utility line clearance. All pruning shall comply with accepted arboricultural
standards for line clearance and the Tree Maintenance Manual.
(2)
No person shall prune more than 20% and/or remove any tree on a public
area without a permit, issued free of charge by the Village Forester.
All pruning shall comply with the Tree Maintenance Manual.
(3)
Any person pruning or removing any tree on a public area shall be
held liable for damage to public property as the result of such pruning
and/or removal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Privately owned trees, shrubs and any plants. It is hereby declared
to be the policy of the Village of Mishicot to regulate or control
all trees, shrubs, or other like obstructions growing or to be planted
in or upon any private premises which shall threaten the lives, health,
safety, and welfare of the public or the property owned or controlled
by the Village of Mishicot.
(1)
Planting and maintaining. No person shall maintain, plant, or permit
to remain on any private premises situated at the intersection of
two or more streets or alleys in the Village any hedge, tree, shrub,
or other like obstruction within the vision corner of any street or
alley intersection which may obstruct the view of the operator of
any motor vehicle approaching such intersection to the extent that
such operator is unable to observe other motor vehicles or pedestrians
approaching or crossing said intersection. Any such hedge, tree, shrub,
or other like obstruction is hereby declared to be a public nuisance.
All trees, shrubs 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.
[Amended 9-20-2016 by Ord. No. 2016-05]
(2)
Failure to remedy public nuisance on private property. If the owner
of such premises shall fail to remedy the situation upon receipt of
a written notice from the Village, the Village shall treat or remove
such obstruction or part thereof as herein provided and the expense
shall be a charge against the property upon which the tree or shrub
is located.
(3)
Removal of hazardous trees. Any tree or part of a tree which the Village Forester, upon examination, shall find to be infected or hazardous or to endanger the public or to be injurious to sewers, curbs, sidewalks or other public improvements growing on private or public premises shall be removed by the property owner. If the owner shall fail to remedy the situation, enforcement will follow as in § 321-10C, Failure to maintain the terrace, and § 321-11, Violations and penalties.
(4)
Delay or interference. No person shall delay or interfere with the
Village Board or any of the Village employees following lawful directions
of the Village Board in compliance with orders heretofore stated.
[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.
A.
Trees are removed from Village streets, parks and terrace right-of-way
areas at no charge to the property owner for the following reasons:
(1)
Tree health has declined beyond repair by proper arboricultural methods.
(2)
Public safety is jeopardized by unsafe structure that cannot be corrected
by generally accepted arboricultural practices.
(3)
Street reconstruction design that would require excessive root removal
that would cause an unsafe condition.
B.
Trees may be removed and property owners charged for the cost of
the tree removal and the value of the tree as established by the method
approved by the International Society of Arboriculture in cases where
construction or building design requires removal. Tree protection
should be a high priority for design considerations.
[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.
