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 curbing and sidewalk. Where there is
no sidewalk, the area four feet behind the curb shall be deemed the
terrace. Where there is no curb, the area four feet from the edge
of the pavement shall be deemed the terrace area.
FORESTER
Person or City employee designated by the City Council as
authorized to carry out provisions of this Chapter.
HAZARDOUS TREE OR CONDITION
Any public or private tree with an infectious disease or
insect infestation, dead or dying trees or limbs, or a tree with a
split trunk, broken limbs, trunk decay or cavity that poses a threat
to safety of persons, or potential damage to private or public property
by nature of its condition, as determined by the City Forester.
LAWN AREA
Any area where grass is the predominant vegetation and does
not constitute a garden devoted to flower, vegetable or fruit plants,
bushes, or natural areas or rain gardens, as allowed under the Municipal
Code.
NOXIOUS WEEDS
Canadian thistle, leafy spurge, creeping Jenny, and any other
such weeds as determined by the Weed Commissioner to be noxious.
PERMIT
The written permission of the City Forester.
PERSON
Person, firm, association or corporation.
PRIVATE TREES AND SHRUBS
All trees and shrubs located on land not owned by the City
and also any tree or shrub within the public area that is not within
the terrace area, as defined herein, and has not been planted pursuant
to City planting plan or a development plan specifically approved
by the City.
PUBLIC AREAS
Includes all public roads, parks, and other lands owned,
controlled or leased by the City.
PUBLIC NUISANCE
Any tree or shrub or part thereof which, by reason of its
condition, interferes with the use of any public area; infected with
a plant disease; infested with injurious insects or pests; injurious
to public improvements, or endangers the life, health, safety of welfare
of persons or property.
PUBLIC NUISANCE
Any tree with an infectious disease or insect problem; dead
or dying trees; a tree or limb(s) that obstruct street lights, traffic
signs, the free passage of pedestrians or vehicles; a tree that poses
a threat to safety.
PUBLIC TREES AND SHRUBS
All trees and shrubs located or to be planted in or upon
public areas, except private trees and shrubs as defined herein.
SHRUBS
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
STREET TREE
Any tree in the boulevard or terrace area, except private
trees and shrubs as defined herein.
TOP, TOPPING
The severe cutting back of limbs to stubs within the tree's
crown to such a degree so as to remove normal canopy and disfigure
the tree.
TREE
Any woody plant, normally having one stem or trunk bearing
its foliage or crown well above ground level to heights of 10 feet
or more.
URBAN FOREST
A collection of trees in and around the City, including park
and street trees on public property and on private property.
The City Forester with approval of the Mayor, in the case of
emergencies, such as windstorms, ice storms, insect/disease outbreaks
or other disasters, may waive the requirements of this ordinance so
that they in no way shall hinder private or public work to restore
order in the City.
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 to order, subject
to the provisions of this Code of Ordinances and Ch. 68, Wis. Stats.,
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. Any appeal may first be submitted to the Public
Works and Public Property Committee for review and recommendation.
The Council shall file its written decision with the City Clerk.
All expenses incurred by the City in enforcing remediation orders
issued pursuant to the terms of this ordinance, and in removing and
disposing of or relocating any trees or shrub planted without a required
permit in violation of this chapter or contrary to the terms of a
permit issued under this chapter shall be charged to the adjacent
property owner at the rates designated in the Administrative Fee Schedule
adopted by the Common Council. Any such charge which is not paid within
30 days shall become a special charge and may be collected as provided
in Wis. Stats., § 66.0627.