No person shall plant, remove or maintain any
trees, flowers, shrubs or plants of any kind in any of the public
streets, parkways, boulevards or other public grounds except authorized
school personnel on school property in the Village of Shorewood without
obtaining a written permit from the Director of Public Works as hereinafter
provided.
The Director of Public Works shall grant a written
permit to all persons to plant, remove or maintain trees, flowers,
shrubs or plants of any kind upon the public streets, parkways or
other public grounds except school grounds of said Village in accordance
with the following regulations:
A. Only such species of trees, flowers, shrubs or plants
which, when planted in the vicinity of a street intersection, do not
obstruct the view of the intersection of a pedestrian or motorist
traveling thereon and which have been approved by the Director of
Public Works shall be permitted.
B. Such planting of trees, flowers, plants and shrubbery
shall otherwise conform to such rules, regulations and orders as shall
be required by the Director of Public Works.
Any person or persons who shall cut, break,
tear, deface or otherwise injure a grass plot, flowerbed, ornamental
or shade tree, shrub or other plant upon any sidewalk, street, alley
or other public place within this Village shall be penalized as hereinafter
provided.
[Added 8-15-2016 by Ord.
No. 2063]
A. Intent and purpose. The Village Board has determined that there are
many trees growing on public and private premises within the Village
of Shorewood, the loss of which would substantially depreciate the
value of public and private property, impair the use and enjoyment
of public and private premises, and erode the tax base of the Village,
and that the health and life of such trees are threatened by the spread
of the jewel beetle agrilus planipennis, which is a commonly known
as, and referred to herein as, the "emerald ash borer."
B. Declaration of public nuisance. The Village Board hereby declares
its intention to control and prevent the spread of the emerald ash
borer and declares the trees infested with the emerald ash borer to
constitute a public nuisance.
C. Responsibility of Director of Public Works. The Director of Public
Works (the "Director") shall have the responsibility of carrying out
the provisions of this section. The Director may designate Village
employees to perform the duties of foresters under Ch. 27, Wis. Stats.,
and may authorize such employees to perform the duties and exercise
the powers imposed on them by this section, or if such work is let
under Village contract, then the provisions of said contract shall
govern.
D. Inspection.
(1)
The Director may inspect or cause to be inspected as deemed
necessary any premises or places within the Village where any ash
tree is reported or suspected to be infested with the emerald ash
borer. The Director of Public Works, and his or her agents and employees
thereunder, shall have authority to enter upon private premises at
reasonable times for the purpose of carrying out the provisions of
this section.
E. Abatement of nuisance.
(1)
The Director shall order, direct, supervise and control the
abatement of public nuisances as defined in this section by removing,
or ordering the removal of, any trees infested with the emerald ash
borer.
(2)
Abatement on public property. Whenever the Director, after inspection,
shall determine that a public nuisance, as herein defined, exists
on public property in the Village, he or she shall abate the nuisance
by removing the trees deemed to constitute the nuisance.
(3)
Abatement on private property.
(a)
When the Director determines with reasonable certainty that
a public nuisance, as defined in this section, exists upon private
premises, he or she shall serve or cause to be served, personally
or by certified mail, upon the owner of such property if the owner
can be found, or upon the occupant thereof, written notice of the
existence of such nuisance. Such notice shall describe the nuisance
and order the removal of trees as necessary to abate the nuisance
and shall further state that, unless the owner abates the nuisance
in the manner specified in the notice, the Director 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)
Unless the property owner abates the nuisance as directed within 30 days after notice is served, or files an appeal before the Shorewood Board of Appeals within said time, the Director shall proceed to abate the nuisance and cause the costs thereof to be assessed against the property as a special charge in accordance with Village Code §
68-19, as described below. The Director may extend the time allowed to the property owner for the abatement work but not to exceed 30 additional days.
(c)
If the property owner wishes to appeal the order directing abatement, he or she shall file a notice of appeal with the Shorewood Board of Appeals in accordance with the provisions of §
535-56 of the Shorewood Village Code.
F. Cost of abatement.
(1)
The cost of abatement of a public nuisance on public property
shall be borne by the Village.
(2)
The cost of abating a public nuisance located on private property,
when done at the direction and under the supervision of the Director,
shall be assessed to the property on which such nuisance tree or wood
is located, as follows:
(a)
The Director shall keep a strict account of the cost of such
work or treatment and the amount chargeable to each parcel of private
property and shall report such work, charges, description of property
to which charged, and names and addresses of the owners of such property
to the Village Board on or before the 15th day of October each year.
(b)
The Village Board shall consider the costs described in Subsection
F(2)(a) and include these items on the tax roll of the corresponding property as a special charge pursuant to the procedure laid out in §
68-19 of the Shorewood Village Code.
(c)
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 infested
tree or part thereof.
(d)
The amount chargeable against any private property in any year
under this section shall not exceed 10% of the assessed value of the
property as shown on that year's tax roll. The portion of any
assessment in excess of such percentage amount shall be charged to
the Village and paid out of general funds.
G. Prohibited acts and penalties.
(1)
Any person who does any of the following acts within the Village
of Shorewood shall, upon conviction thereof, forfeit not less than
$10 nor more than $500, together with the costs of prosecution, and
in default of payment thereof shall be imprisoned in the county jail
or house of correction until such costs and forfeitures are paid,
but not exceeding 60 days:
(a)
Interferes with or prevents any acts of the Director or his
agents, representatives or employees while they are engaged in the
performance of duties imposed by this section.
(b)
Refuses to permit the Director or his duly authorized representative,
agent or employee to enter upon his premises at reasonable times to
exercise the duties imposed by this section.
(c)
Permits any public nuisance to remain on any premises owned
or controlled by him when ordered by the Director to abate such nuisance.
(2)
Each day a violation continues hereunder shall constitute a
separate offense.