[HISTORY: Adopted by the Village Board of the Village of
Monticello as Title 6, Ch. 4, of the 1989 Code of Ordinances. Amendments
noted where applicable.]
A.
Intent and purpose. It is the policy of the Village to regulate and
establish policy for the control of planting, removal, maintenance
and protection of tree and shrubs in or upon all public areas and
terrace areas of the Village to eliminate and guard against dangerous
conditions which may result in injury to persons using the streets,
alleys, sidewalks or other public areas; to promote and enhance the
beauty and general welfare of the Village; to prohibit the undesirable
and unsafe planting, removal, treatment and maintenance of trees and
shrubs located in public areas; and to guard all trees and shrubs
both public and private within the Village against the spread of disease,
insects or pests.
B.
Application. The provisions of this chapter shall apply to trees
and shrubs growing or hereafter planted in or upon public areas and
terrace areas and also to all trees and shrubs growing or to be planted
in or upon any private premises which shall threaten the life, health,
safety or welfare of the public or of any public areas.
Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
The land between the normal location of the street curbing
and sidewalk. Where there is no sidewalk, the area four feet from
the curbline shall be deemed to be a boulevard for the purpose of
this chapter. "Boulevard" shall have the same meaning as "terrace."
Where there are only sidewalks, the area four feet from the curb shall
be deemed boulevard areas under this chapter.
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extend from ground
level throughout its entire height.
Person designated by the Village Board as authorized to carry
out provisions of this chapter.
Trimming a tree beyond necessary trimming to comply with
this chapter.
Person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased by the Village except the terrace areas.
In this chapter, means:
Fatal or deleterious tree diseases.
Elm bark beetles [Scolytus multistriatus (Eichb.) or Hylurgopinus
rufipes (Marsh.)]; Dutch Elm disease.
Any living or standing elm tree or part thereof infected with
the Dutch Elm disease fungus or in a weakened condition which harbors
any of the elm bark beetles, Scolytus multistriatus (Eichb.) or Hylurgopinus
rufipes (Marsh.).
Any dead elm tree or part thereof, including logs, branches,
stumps, firewood or other elm material from which the bark has not
been removed and burned or sprayed with an effective elm bark beetle
destroying concentrate.
Any other deleterious or fatal tree disease.
Any tree or part thereof which by reason of its condition and
location is hazardous or dangerous to persons and property using or
upon any including the terrace strip between curb and lot line.
Any tree or part thereof which is infested by the eastern tent
caterpillar or other defoliating larvae.
Owned or controlled by the Village, including, without limitation,
because of enumeration, public sites, parks, playgrounds, streets,
alleys, sidewalks, boulevards, and the terrace strip between the lot
line and the curb or improved portion of any public way.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
All trees and shrubs located or to be planted in or upon
public areas.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
Any woody plant, normally having one stem or trunk bearing
its foliage or crown well above ground level to heights of sixteen
feet or more.
A.
The Village Board may designate a municipal employee or citizen to
perform the duties of Forester under Chapter 27, Wis. Stats., and
may authorize such Forester to perform the duties and exercise the
powers imposed on the Village Board by this chapter. The Village Forester
shall annually be appointed by the Village President, subject to Board
confirmation, at the Board's organizational meeting.
A.
Dutch Elm and other tree diseases a public nuisance. Whereas the
Village Board has determined that there are many trees growing on
public and private premises within the Village, the loss of which
would substantially depreciate the value of public and private property,
impair the use and enjoyment of public and private premises an erode
the tax base of the Village, and that the health and life of such
trees is threatened by fatal diseases such as Dutch Elm disease, which
is spread by the elm bark beetles Scolytus multistriatus (Eichb) or
Hylurgopinus rufipes (Marsh.), the Village Board hereby declares its
intention to control and prevent the spread of such disease and the
insect pests and vectors which carry such diseases and specifically
declares Dutch Elm disease and the elm bark beetles which carry such
disease to be public nuisances.[1]
B.
Inspection.
(1)
The Village Forester shall inspect or cause to be inspected all premises
and places within the Village to determine whether any public nuisance
exists thereon. He shall also inspect or cause the inspection of any
elm tree reported or suspected to be infested with the Dutch Elm disease
or any elm bark bearing materials reported or suspected to be infested
with elm bark beetles.
(2)
Whenever necessary to determine the existence of Dutch Elm disease
or elm bark beetles in any tree, the person inspecting such tree shall
remove or cut specimens from the tree in such manner as to avoid fatal
injury thereto and deliver such specimens to the Forester who shall
forward them to the Wisconsin Department of Agriculture, Trade and
Consumer Protection at Madison for analysis to determine the presence
of such nuisances.
(3)
The Forester and his agents or employees shall have authority to
enter upon private premises at reasonable times for the purpose of
carrying out any of the provisions of this section.
C.
Abatement of nuisances; duty of Forester.
(1)
The Forester shall order, direct, supervise and control the abatement
of public nuisances as defined in this section by spraying, removal,
burning or other means which he determines to be necessary to prevent
as fully as possible the spread of Dutch Elm disease fungus, other
deleterious tree diseases or the insect pests or vectors known to
carry such diseases.
(2)
Whenever the Forester after inspection or examination shall determine
that a public nuisance as herein defined exists on public property
in the Village, he shall immediately abate or cause the abatement
of such nuisance in such manner as to destroy or prevent as fully
as possible the spread of Dutch Elm disease, other deleterious tree
diseases, or the inspect pests or vectors known to carry such disease
fungus.
(3)
Notice and abatement.
(a)
When the Forester shall determine with reasonable certainty
that a public nuisance exist upon private premises, he shall immediately
serve or cause to be served personally or by registered mail upon
the owner of such property, if he can be found, or upon the occupant
thereof, a written notice of the existence of such nuisance and of
a time and place for a hearing, not less than 14 days after service
of such notice, on the abatement action to be taken. Such notice shall
describe the nuisance and recommend procedures for its abatement,
and shall further state that unless the owner shall abate the nuisance
in the manner specified in the notice, or shall appear at the hearing
to show that such nuisance does not exist or does not endanger the
health of trees in the Village; the Forester shall cause the abatement
thereof at the expenses 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)
If, after hearing held pursuant to this subsection, it shall
be determined by the Village Board that a public nuisance exists,
it shall forthwith order the immediate abatement thereof. Unless the
property owner abates the nuisance as directed within five days after
such hearing, the Forester shall proceed to abate the nuisance and
cause the cost thereof to be assessed against the property in accordance
with the procedures provided in this section. The Forester may extend
the time allowed the property owner for abatement work but not to
exceed 10 additional days.
D.
Spraying.
(1)
Whenever the Forester shall determine that any tree or part thereof
is infected with a deleterious or fatal tree disease or is in a weakened
condition or harbors elm bark beetles, he may cause all trees within
a one-thousand-foot radius thereto to be sprayed with an effective
disease destroying concentrate or other insecticide.
(2)
In order to facilitate the work and minimize the inconvenience to
the public of any spraying operations conducted under this section,
the Forester shall cause to be given advance public notice of such
operations by newspaper, radio, television, public service announcements
or other effective means and shall also cause the posting of appropriate
warning notices in the areas and along the streets where trees are
to be sprayed at least 24 hours in advance of spraying. When any residue
or concentrate from municipal spraying operations can be expected
to be deposited on any public street, the Forester shall also notify
the Chief of Police, who shall take all necessary steps to make and
enforce temporary parking and traffic regulations on such streets
as conditions require. Temporary "No Parking" notices shall be posted
in each block of any affected street at least 24 hours in advance
of spraying operations.
(3)
When appropriate warning notices and temporary "No Parking" notices
have been given and posted in accordance with Subsection E(2) of this
section, the Village shall not allow any claim for damages to any
vehicle caused by such spraying operations.
A.
The entire cost of abating any public nuisance or spraying trees
as defined herein shall be charged to and assessed against the parcel
or lot abutting on the street, alley, terrace, boulevard or parkway
upon or in which such tree is located or the parcel or lot upon which
such tree stands in accordance with § 66.0703 or § 27.09,
Wis. Stats. The cost of abating any such nuisance or part thereof
which is located in or upon any park shall be borne by the Village.
B.
The cost of abating a public nuisance or spraying elm trees or elm
wood located on private premises when done at the direction and under
the supervision of the Forester shall be assessed to the property
on which such nuisance, tree or wood is located as follows:
(1)
The Forester shall keep a strict account of the cost of such work
or spraying and the amount chargeable to each lot or parcel and shall
report such work, charges, description of lands to which charged and
names and addresses of the owners of such lands to the Village Board
on or before October 15 of each year.
(2)
Upon receiving the Forester's report, the Board shall hold a
public hearing on such proposed charges, giving at least 14 days'
advance notice of the time, place and purpose of such hearing to interested
persons by publication in a newspaper of general circulation in the
municipality and by mail to the owner of each property proposed to
be charged. Each property owner shall be notified of the amount proposed
to be assessed against his premises and the work for which such charge
is being made.
(3)
After such hearing, the Village Board shall affirm, modify and affirm
or disapprove such assessments by resolution and shall cause a copy
thereof to be published. Upon adoption and publication of such resolution,
assessments made thereby shall be deemed final.
(4)
The Village Clerk-Treasurer shall mail notice of the amount of such
final assessment to each owner of property assessed at his last-known
address, stating that, unless paid within 30 days of the date of the
notice, such assessment will be entered on the tax roll as a lien
against the property, and all proceedings in relation to the collection,
return and sale of property for delinquent real estate taxes shall
apply to such assessment.
(5)
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 an owner for the destruction of any diseased or infested
tree or wood or part thereof.
A.
Permit required. No person, except upon order of the Village Forester, shall plant or remove, or perform major alterations as determined by the Forester on a tree or shrub in the public right-of-way terrace area or cause such act to be done by others without first obtaining a written permit for such work from the Village Forester as herein provided. The applicant shall comply with the planting standards of § 324-7.
B.
Permit exemptions. No permit shall be required to cultivate, fertilize
or water trees or shrubs or for work by Village personnel on park
properties. No permit is necessary to plant trees inside the property
line.
C.
Permit requirements and conditions. If the Village Forester determines
that the proposed work or planting described in an application for
a permit is necessary and in accord with the purposes of this chapter,
taking into account the safety, health and welfare of the public,
location of utilities, public sidewalk, driveways and streetlights,
general character of the area in which the tree or shrub is located
or proposed to be located, type of soil, characteristics and physiological
need of the genus, species and variety of tree or shrub, he shall
have the Forester issue a permit to the applicant. Trees may be planted
in the terrace area, but any damage to streets and sidewalks caused
by such trees shall be at the cost of the adjacent property owner.
D.
Permit form; expiration; inspection. Every permit shall be issued
by the Village Forester on a standard form and shall include a description
of the work to be done and shall specify the genus, species and variety,
size, nursery grade and location of trees or shrubs to be planted,
if any. Any work under such permit must be performed in strict accordance
with the terms thereof and the provisions of this chapter. Permits
issued under this section shall expire six months after date of issuance.
There will be no charge for this permit.
E.
Permits to public utilities.
(1)
Whenever a permit is issued under this section to a public utility
to remove, trim, prune, cut, disturb, alter or perform surgery on
any public tree or shrub, the Village Forester shall limit the work
to be done to the actual necessities of the utility and may assign
an inspector to supervise the work done under the provisions of the
permit. The expense of such inspection or supervision shall be charged
to the utility at the usual Village rate.
(2)
A public utility may secure an annual working agreement with the
Village Forester's office which gives the Village Forester the
authorization to supervise and direct work associated with trees and
shrubs.
Except as planted by the Village, the planting of new trees
and shrubs is prohibited in terrace areas.
A.
Trees and shrubs standing in or upon any boulevard/terrace, public
area or upon any private premises adjacent to any public right-of-way
or public areas shall be kept trimmed so that the lowest branches
projecting over the public street or alley provide a clearance of
not less than 16 feet. The Village Forester may waive the provisions
of this section for newly planted trees if he determines that they
do not interfere with public travel, obstruct the light of any streetlight
or endanger public safety. The Village shall have the right to trim
any tree or shrub in the Village when it interferes with the safe
use of streets or sidewalks.
[Amended 12-5-2018 by Ord. No. 2018-1205]
B.
The necessity of the pruning may be determined by the Village Forester.
C.
Clearance from sidewalk to lower branches shall not be less than
10 feet. All trees standing upon private property in the Village,
the branches of which extend over the line of the street, shall be
trimmed so that no branch shall grow or hang over the line of the
sidewalk lower than 10 feet above the level of the sidewalk. No tree
shall be permitted to grow in such a manner as to obstruct the proper
diffusion of light from any public streetlight.
D.
Trimming or pruning of more than 2/3 of the crown shall be considered
to be a major alteration and shall require a permit from the Village
Forester.
A.
Notwithstanding any other provision of this chapter, no person shall
maintain, plant or permit to remain on any private or public premises
situated at the intersection of two or more streets or alleys in the
Village any hedge, tree, shrub or other growth which may obstruct
the view of the operator of any motor vehicle or pedestrian approaching
such intersection.
B.
It is unlawful for any person to plant, cause to grow, allow to grow
or maintain any trees, bushes, shrubbery or vegetation of any kind
which is an obstruction to the clear and complete vision of any traffic
sign or driveway approach to a street within the Village. It shall
be the duty of every owner of such tree, bush, shrubbery or vegetation
to remove such obstruction.
C.
Any shrub, tree or other plant which obstructs the view at an intersection
or the view of a traffic sign shall be deemed to be dangerous to public
travel. The Village shall have the right to trim any tree or shrub
in the Village when it interferes with the visibility of any traffic
control.
[Amended 12-5-2018 by Ord. No. 2018-1205[1]]
[1]
Editor's Note: This ordinance also repealed original Subsection
D, concerning failure to obey written notice to remove interference
from tree or shrub, which immediately followed this subsection.
A.
Dangerous, obstructive and infected trees. Any tree or part thereof,
whether alive or dead, which the Village Forester shall find to be
infected, hazardous or a nuisance so as to endanger the public or
other trees, plants or shrubs growing within the Village, or to be
injurious to sewers, sidewalks or other public improvements whether
growing upon public or private premises, shall be removed, trimmed
or treated by the owner of the property upon or adjacent to which
such tree or part thereof is located. The Village Forester shall give
written notice to said owner to remedy the situation which shall be
served personally or posted upon the affected tree. Such notice shall
specifically state the period of time within which the action must
be taken, which shall be within not less than 24 hours nor more than
14 days as determined by the Village Forester on the basis of the
seriousness of the condition of the tree or danger to the public.
If the owner shall fail to remove, treat or trim said tree within
the time limited, the Village Forester shall cause the tree to be
removed, treated or trimmed and shall report the full cost thereof
to the Village Clerk-Treasurer, who shall thereupon enter such cost
as a special charge against the property.
B.
Removal standards. In cutting down trees located in public and terrace
areas, the tree must be removed with the root stump grubbed out, or
ground out to a depth of at least nine inches below grade measured
in a straight line with the normal grade of sidewalk to top of curb,
wood and debris must be removed from the street prior to the end of
each working day and all holes shall be filled to normal grade level
with topsoil as soon as practicable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Private removal. No person, firm, organization or corporation shall
plant, injure, trim, remove or destroy any tree or shrub located in
or upon any public place, until a permit shall have been issued by
the Village Forester. Such permit shall be issued only when the removal,
trimming or cutting of the tree or shrub is necessary, as determined
by the Village Forester, because of disease, damage, hazardous condition,
and/or location, or its location is such that substantial detriment
is done to the property upon which the tree or shrub stands, or property
abutting the same. Such permit shall expressly state the premises
upon which the tree stands and the location of the tree thereon.
A.
Damage to public trees. No person shall, without the consent of the
owner in the case of a private tree or shrub, or without written permits
from the Village Forester in the case of a terrace-area tree, public
tree or shrub, perform or cause to be performed by others any of the
following acts:
(1)
Secure, fasten or run any rope, wire sign, unprotected electrical
installation or other device or material to, around or through a tree
or shrub.
(2)
Break, injure, mutilate, deface, kill or destroy any tree or shrub
or permit any fire to burn where it will injure any tree or shrub.
(3)
Permit any toxic chemical, gas, smoke, oil or other injurious substance
to seep, drain or be emptied upon or about any tree or shrub or place
cement or other solid substance around the base of the same.
(4)
Remove any guard, stake or other device or material intended for
the protection of a public tree or shrub, or close or obstruct any
open space about the base of a public tree or shrub designed to permit
access of air, water and fertilizer.
(5)
Attach any sign, poster, notice or other object on any tree, or fasten
any guy wire, cable, rope, nails, screws or other device to any tree;
except that the Village may tie temporary "No Parking" signs to trees
when necessary in conjunction with street improvement work, tree maintenance
work or parades.
(6)
Cause or encourage any fire or burning near or around any tree.
B.
Excavations. All trees on any parkway or other publicly owned property
near any excavation or construction of any building structure or street
work shall be sufficiently guarded and protected by those responsible
for such work as to prevent any injury to said trees. No person shall
excavate any ditches, tunnels or trenches, or install pavement within
a radius of 10 feet from any public tree without a permit from the
Village Forester.
C.
Interference with forester. No person shall:
(1)
Interfere with or prevent any acts of the Forester or his agents
or employees while they are engaged in the performance of duties imposed
by this section.
(2)
Refuse to permit the Forester or his duly authorized representative
to enter upon his premises at reasonable times to exercise the duties
imposed by this section.
D.
Refusal to abate nuisance. No person shall permit any public nuisance
to remain on any premises owned or controlled by him when ordered
by the Forester to abate such nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who receives a determination or order under this chapter from the Village Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter 5, Administrative Review, of the Code of the Village of Monticello and Chapter 68, Wis. Stats., to the Village Board within seven days of receipt of the order and the Village Board shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the Village Board may reverse, affirm or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The Village Board shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Board shall file its written decision with the Village Clerk-Treasurer.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.
