[HISTORY: Adopted by the Town Board of the Town of Wescott
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1987 by Ord. No. 87-1]
This article shall be named the "Oak Wilt Fungus Control Ordinance."
A.
The office
of Town Forester is hereby created to be filled by appointment by
the Town Board Chairperson subject to conformation by the Town Board.
The Town Forester shall have the powers and perform the duties imposed
by this article and by Ch. 27, Wis. Stats.
B.
The Town
Forester may authorize on behalf of the Town of Wescott other persons
to carry-out inspections and authorize permits.
As used in this article, the following terms shall have the
meanings indicated:
A fungus that causes the disease known as oak wilt. It is
a disease of oak trees carried overland by way of insect vectors carrying
spores and underground by grafted root systems between healthy and
infected trees.
[Added 4-13-1998 by Ord.
No. 2-98]
A disease of oak trees carried by way of grafted root systems
between infected and healthy trees or by insects carrying spores.
The Town Forester shall designate an oak wilt control area within
the Township in which this shade tree disease ordinances and control
procedures shall be enacted.
[Amended 5-10-1994 by Ord. No. 94-5]
A.
To control the overland spread of oak wilt, no person shall cut,
trim, wound or prune any oak trees, or allow the cutting, trimming,
wounding or pruning of oak trees in the Town of Wescott between April
1 and October 1 of each year without first obtaining a written permit
from the Town Forester.
B.
No person shall take any action which causes incidental damage to
oak trees from April 1 to October 1 of each year; for example, doing
damage to oaks while falling other trees. This shall include any activity
which breaks open the bark of oak trees, thereby making them susceptible
to the oak wilt fungus. If wounding is unavoidable during this period,
as in the aftermath of a storm or when the tree interferes with utility
lines, a tree wound dressing shall be applied immediately.
[Amended 5-10-1994 by Ord. No. 94-5]
A.
No person shall, at any time, transport or allow to be transported
any wood or bark known to be infected with oak wilt fungus through
the Town of Wescott from April 1 to October 1 of any year, except
a person may transport infected wood to the Town of Wescott burn site
upon a permit issued under this article for transportation of such
wood during scheduled hours of the burn site.
B.
Except to allow for disposal of the wood by burning, burying, chipping or debarking before April 1 of the year following the death of the trees, wood from trees known to be infected with oak wilt fungus may not be moved off any property in the Town of Wescott. Property owners must provide proof to the Town Forester of proper disposal of any oak wilt infected wood removed from their property or be subject to the penalties in § 264-13.
[Amended 5-10-1994 by Ord. No. 94-5]
A.
To prevent the oak wilt fungus from producing spores and to prevent
overland spread of this fungus, any diseased material of the red oak
group wilting the previous year shall be declared hazardous the following
year from April 1 until October 1.
B.
Any hazardous oak wood to be used as fuel wood or to be salvaged
for other purposes must be debarked or else completely covered by
heavy plastic (4 mil or greater) from April 1 to October 1 of the
year following the appearance of symptoms. After this time, there
is no danger of spore production, and the wood does not need to be
covered.
C.
Any branch greater than three inches in diameter of the red oak group
determined to be hazardous and not salvaged shall be disposed of by
burning, chipping or removal to an authorized dump site prior to April
1 of the year following the appearance of symptoms. Dead standing
red oaks that have advanced beyond the potential for spore production
need not be removed except where they constitute a hazard to life
and/or property.
D.
As provided for in § 264-12 of this article, trees or parts thereof not removed on or before April 1 by the property owner may be removed by the municipality after notification with the cost thereof assessed against the property.
[Amended 4-13-1998 by Ord. No. 2-98]
E.
Stumps of trees of the red oak group removed due to oak wilt shall
be completely covered, removed or debarked to the ground line to eliminate
all possibilities of spore formation and overland disease spread.
A.
If the Town Forester finds that oak wilt threatens to cross property
boundaries or disease control area boundaries, the Town Forester may
require root graft disruption to prevent the spread of disease in
this manner. If plowing or trenching is not possible due to terrain,
location, or buried utilities, the Town Forester may require chemical
root graft disruption. These barriers will be placed in accordance
with current technology.
B.
The charge, or any portion thereof, for any necessary root graft
barriers may be assessed against the property on which the root barriers
are placed.
C.
Because oak wilt is a community problem and because oak wilt control
may benefit an entire neighborhood, the tree inspector shall recommend
and encourage neighborhood participation and cooperation, including
cost sharing, in root graft disruption and other control efforts,
especially where oak wilt is in danger of spreading across property
boundaries.
A.
The Town Forester or appointed officials are authorized to issue
permits for the cutting, pruning and trimming of living oaks and the
transportation of oak wilt infected wood or bark in the Town of Wescott
between April 1 to October 1. The Town Forester shall inspect the
oak tree(s) proposed to be trimmed, cut or pruned for infection of
oak wilt fungus, and inspect the proximity of any oak trees which
would promote the spread of the disease. The written statement must
be dated within 15 days of application to the Town Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Permits for trimming or pruning of oaks shall not be given except
in emergency situations, such as severe weather damage to oaks, which
would require immediate attention to prevent oak wilt infection or
damage to structures, power lines, and the like. If an emergency situation
prevents an individual from getting a permit before cutting, pruning
or trimming oak trees, within 10 days, the individual must give written
notification to the Town Forester regarding the circumstances of the
emergency.
C.
The Town shall provide a standard permit for all authorized officials
to use. All permits shall include the following information:
(1)
The dates during which the permit is in effect.
(2)
Name, address and telephone number of the permittee.
(3)
The legal or plat description (or fire number) of the property where
the activity is to take place.
(4)
An explanation of why the cutting, pruning, trimming or transport
is required.
(5)
The requirement that all pruning or trimming wounds or stumps be
immediately sealed with a tree wound dressing.
(6)
A statement explaining the liability on the part of the property
owner to take abatement action if the permittee's actions result in
oak wilt fungus infecting the permitted lands.
(7)
A statement of the potential liability of the permittee and landowner
for control efforts and damages to neighboring properties in the event
oak wilt fungus infects the permitted lands or the neighboring properties.
(8)
Signatures of the permittee, property owner (if different from permittee)
and the issuing authority.
D.
Permits for cutting of oaks shall include a description of the number
and location of all oaks to be removed.
E.
Permits for the transport of oak wilt infected wood must list the
destination and method of destruction of the wood and the requirement
that the Town Forester, upon demand, be given proof of the manner
in which the wood was disposed.
F.
Permits shall be issued for a period of up to 20 days.
G.
The person doing the cutting, pruning, trimming or transporting shall
have a copy of the permit at all times while doing the activity and
shall provide this copy for inspection upon demand by the Town Forester
or any official empowered to enforce this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon application for a permit with properly written statement
of the Town Forester, the Clerk may issue a permit to trim, cut or
prune and/or transport to the Town of Wescott burn site the specific
oak tree(s) named in the application. The permit shall allow trimming,
cutting or pruning within 20 days of issuance of the permit. Any person
trimming, cutting or pruning oak tree(s) as authorized by permit under
this article shall properly seal the wood, including the stump. The
fee for issuance of a permit for the cutting, pruning and trimming
of living oaks and the transportation of oak wilt infected wood or
bark shall be in an amount as set from time to time by resolution
of the Town Board, plus actual Town expenses. Permit fees shall be
paid to the Town of Wescott.
[Added 5-10-1994 by Ord.
No. 94-5]
At the time of sale or transfer of real property, the grantor(s)
or his agent bears an affirmative obligation to disclose terms of
this article regulation to the grantee(s). The Clerk will circulate
a copy of this article free of charge to local realtors currently
known at time of passage, and provide information on future requests.
A.
The Forester shall order, direct, supervise and control the abatement
of public nuisances as defined in this article by spraying, removal,
burning or by other means which he determines to be necessary to prevent
as fully as possible the spread of the injurious insects or disease.
B.
Determination of nuisance; abatement.
(1)
When the Forester shall determine with reasonable certainty that
a public nuisance exists 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 recommended procedures for its abatement,
and shall further state that unless the owner shall abate the nuisance
in the manner specified in this notice, or shall appear at the hearing
to show that such nuisance does not exist or does not endanger the
health of trees, shrubs or plants in the Town, the Forester 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 Town.
(2)
If after hearing held pursuant to this subsection it shall be determined
by the Forester that a public nuisance exists, he shall forthwith
order the immediate abatement thereof. Unless the property owner abates
the nuisance with the time period specified, 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 article.
The Forester may extend the time allowed the property owner for abatement
work.
[Amended 4-13-1998 by Ord. No. 2-98; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
Any person who violates this article shall, upon conviction thereof,
be subject to the forfeiture amount, with an additional fee for each
tree directly involved in the violation as set in the Fine and Forfeiture
Schedule of the Town of Wescott that shall be as set from time to
time by resolution by the Town of Wescott. Whenever a complaint is
filed on behalf of the Town and the court deems it appropriate, an
injunction may be authorized to prohibit future conduct in violation
of this article.
B.
The cost of abating a public nuisance located on private premises
when done at the direction and under the supervision of the Town Forester
shall be assessed to the property on which such nuisance, tree or
wood is located, in accordance with the provisions of § 66.0627,
Wis. Stats., which is adopted by reference and incorporated herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article may be enforced by means of the citation procedure set forth in Town of Wescott Chapter 37, Citations, or its successor. Any designated Town enforcement officer may issue citations.
If any provision of this article is invalid or unconstitutional,
or if the application of this article to any person or circumstances
is invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the provisions or application of this article which
can be given effect without the invalid or unconstitutional provision
or application.
