[Adopted as Sec. 9.10 of the prior Code; amended in its entirety 6-20-2019 by Ord. No. 19-09]
The Town of Rome is heavily wooded. The combination of woodlands and high-density housing make homes in the Town particularly vulnerable to wildfires. The effects of such wildfires would be devastating to both persons and property. Dead trees and brush are highly combustible and represent an ideal fuel for the start and spread of a wildfire. The Town has determined that dead trees and brush constitute a safety hazard and a public nuisance and that it is therefore necessary to regulate them.
[Amended 6-3-2021 by Ord. No. 21-11; 9-2-2021 by Ord. No. 21-15]
Every owner of a parcel(s) of land that is two acres or less, with or without a permanent building on it, shall be subject to these restrictions on their entire property. Every owner of a parcel that is greater than two acres in size shall be subject to these restrictions within 100 feet of a building.
A. 
The managed area shall be kept free of:
(1) 
Dead trees, standing or fallen, that are six inches or greater in diameter at the base of the tree;
(2) 
Dead brush and trees limbs on the ground greater than three inches in diameter on the larger end;
(3) 
Brush piles greater than three feet by three feet by three feet or one cubic yard.
B. 
In an attempt to prevent the spread of oak wilt, property owners shall avoid cutting or injuring standing oak trees during the period of April 1 through July 15 of each year, except in the case of natural disasters, where this can be suspended for a time to be determined by the Town Board. Dead wood that is already on the ground can be cut and piled regardless of the time of year.
Whenever the Town Board's designee shall determine that a property owner is in violation of this article, the Town Board's designee shall send a notice of the violation to the property owner. The notice shall include a description of what constitutes the violation and shall set forth a deadline for the violation to be remedied not to exceed 12 months. If the violation is not remedied by the deadline, the property owner may be issued a citation by the Police Department for the violation. In addition, the Town may abate the nuisance pursuant to the normal procedure for the abatement of a nuisance.
Any owner of property convicted of a violation of this article shall be subject to a fine of not more than $200 plus costs. Each day that the subject property remains in violation of this article shall constitute a separate violation.
As used in this article, the following terms shall have the meanings indicated:
BUILDING
Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land. When any portion thereof is completely separated from every other portion by masonry or fire wall without any window, which wall extends from the ground to the roof, then such portion shall be deemed to be a separate building.
[Added 9-2-2021 by Ord. No. 21-15]
DWELLING
Any building which has the primary purpose of human habitation and which contains one or two dwelling units.
FINE
Shall be the equivalent of the word "forfeiture," and vice versa.
OWNER
Includes the plural as well as the singular and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of these who shall hold title to a building, structure or property, or who shall be in actual possession of, or have charge, or control of building, structure, or property as agent of the title holder, or who shall be trustee or guardian of the estate or person of the title holder.
PARCEL
The area within the boundary lines of a lot or outlot.
[Added 9-2-2021 by Ord. No. 21-15]
PERSON
Includes a corporation, firm partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the term "person" is used in any section of this article prescribing a penalty or fine, as to partnerships or associations, the work shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
PUBLIC NUISANCE
A thing, act, occupation, condition or use of property, which shall continue for such length of time as to substantially annoy, injure or endanger the comfort, health, repose or safety of the public; in any way render the public insecure in life or in the use of property; greatly offend the public morals or decency; unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed designate thereof, including, but not limited to, the Town Board and Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors to the legislative power of said body, or any duly appointed designate thereof.
VEHICLE
A motor vehicle, trailer, semitrailer or mobile home, whether or not such vehicle is registered under Wisconsin Law.