[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 2-20-2023 by Ord. No. 2023-4. Amendments noted where applicable.]
It is determined that the health and general welfare of the Town requires preventive tree care of infected trees within the Town, including disposal of any such infected trees. Hazardous trees shall be defined to include, but are not necessarily limited to, any of the following:
A. 
Any tree or shrub, or part thereof, located upon any public or private property which is infected with an infectious plant disease, or is infested with injurious insects or pests, so as to threaten the health of other trees or shrubs in the Town, including but not limited to the following disease and infestation conditions:
(1) 
Dutch elm disease, defined as follows: any elm tree or part thereof infected with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh.). Also included are any dead elm tree or parts thereof, including logs, branches, stumps, firewood or other elm material not buried or burned or from which the bark has not been removed.
(2) 
Asian long-horned beetle infestation, defined as follows: any tree or shrub or part thereof, or logs, branches, stumps, firewood or other tree or shrub material which harbors the Asian long-horned beetle (Anoplophora glabripennis).
(3) 
Emerald ash borer infestation, defined as follows: any tree or shrub or part thereof, or logs, branches, stumps, firewood or other tree or shrub material which harbors the emerald ash borer (EAB) (Agrilus planipennis).
(4) 
Oak wilt. If more than a single oak tree dies from any cause and there is an infestation that is likely to spread among a series of oak trees, the Town Department of Public Works has the authority to retain a forester or arborists for an opinion as to the cause and whether such wilt may potentially spread to noninfested trees. If an oak tree or oak trees are so affected, §§ 275-2 through 275-7 shall apply to the recommended or ordered treatment.
B. 
Trees creating dangerous conditions.
(1) 
Any tree or shrub that overhangs any public sidewalk, public pathway, public street or other public right-of-way in the Town in such a manner as to impede or interfere with any public easement or traffic or travel on such public pathway, public sidewalk, public street or other public right-of-way, including, but not limited to, any tree or shrub that obstructs street illumination or the vision of persons traveling such public sidewalk, public pathway, public street, or other public right-of-way.
(2) 
Any part of a tree or shrub that, due to disease, insect infestation or any defective condition, is likely to fall and impair access to a public right-of-way or public place.
All dead or freshly cut wood infected as described in § 275-1 shall be burned or treated with an approved spray and oil base as approved by the Town Department of Public Works, and it shall be unlawful to keep any dead or freshly cut diseased wood on any premises in the Town of Oconomowoc unless so treated.
The Town Department of Public Works or any member of the Town Board, with the permission of the property owner or occupant or by inspection warrant, may enter upon private property within the Town for the purpose of inspecting all trees thereon to determine whether any of such trees are infected or diseased or in need of other preventative measures and is further empowered to inspect such private premises to determine the presence of any infected logs, firewood, or stumps, or the presence of any dead trees.
Hazardous trees or trees that create a dangerous condition are declared to be a public nuisance. No person shall permit any hazardous tree or tree that creates a dangerous condition public nuisance to remain in or on any premises owned or leased by that person within the Town of Oconomowoc.
The Town Department Public Works or the Town Board may order any property owner to remove and destroy any hazardous tree or tree that creates a dangerous condition. Notice shall be given by mailing a notice to the last known address of the property owner by registered mail or by delivery of notice and service thereof by any law enforcement officer on such owner or agent of said owner.
When any property owner is directed to remove a tree or spray a tree or area, he/she shall advise the Town Board of his/her compliance within 20 days after receipt of the notice.
A. 
All trees in Town-owned rights-of-way preexisting the date of adoption of §§ 275-1 through 275-7 may remain as is unless and until removal is determined by the Town of Oconomowoc Department of Public Works.
B. 
Trees within the Town-owned rights-of-way shall be inspected by the Town Department of Public Works to determine if said tree shall be removed. All dead, dying, diseased or hazardous trees within Town rights-of-way shall be removed at the discretion of the Town Department of Public Works.
C. 
No person shall plant or replace any tree or shrub on any Town-owned property, including, but not limited to, all Town rights-of-way, without obtaining specific approval of the Town of Oconomowoc Town Board.
Any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, or permit or cause a public nuisance shall be subject to a penalty as provided in Chapter 1, General Provisions, Article I, of this Code. Each and every day for which a violation continues shall be deemed a separate offense.