[HISTORY: Adopted by the Common Council of the City of Neillsville as Title 4, Ch. 4, of the 1985 Code. Amendments noted where applicable.]
A. 
Intent and purpose. It is the policy of the City to regulate and establish policy for the control of planting, removal, maintenance and protection of trees and shrubs in or upon all public areas and terrace areas of the City 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 City; 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 City against the spread of disease, insects or pests.
B. 
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:
CITY
The City of Neillsville, Wisconsin.
CLEAR-SIGHT TRIANGLE
A triangle formed by the curblines of two intersecting rights-of-way and a third line connecting a full-view zone at corners of streets, alleys and highways.
MAJOR ALTERATION
Trimming a tree beyond necessary trimming to comply with this chapter.
PERSON
Person, firm, association or corporation.
PUBLIC AREAS
Includes all public parks and other lands owned, controlled or leased by the City, except the terrace areas.
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 or welfare of persons or property.
PUBLIC TREES AND SHRUBS
All trees and shrubs located or to be planted in or upon public areas.
SHRUBS
Any woody vegetation or a woody plant having multiple stems and bearing foliage from the ground up.
TERRACE AREAS
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 "terrace" for the purpose of this chapter.
TREE
Any woody plant, normally having one stem or trunk bearing its foliage or crown well above ground level to heights of 16 feet or more.
A. 
The City Forester shall be a City official or employee designated by the Mayor, subject to Council confirmation.
B. 
The City Forester or his/her authorized representative may enter upon private premises at all reasonable times for the purpose of examining any tree or shrub located upon or over such premises and carrying out any of the provisions of this chapter.
[Amended 9-22-1998 by Ord. No. 957; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Definitions. The following are hereby declared public nuisances under this chapter.
(1) 
Any tree, woody shrub, or other plant, whether located on City-owned property or private property:
(a) 
Which harbors insects or diseases which reasonably may be expected to injure.
(b) 
Which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a streetlight.
(c) 
Which dangerously obstructs the view of traffic at any intersection or traffic.
(d) 
Which have Dutch Elm disease, which is defined as follows:
[1] 
Any living or standing elm tree or part thereof infected with Dutch Elm Disease fungus Ceratocyslis ulmi(buisman) or which harbors any of the elm bark beetle Scolytus multistriatus (Eich.) or Hyurgopinus rufipes (Marsh.).
[2] 
Any dead elm or part thereof, including logs, branches, stumps, firewood or other elm material not buried, burned or from which the bark has not been removed.
B. 
Abatement. The following are the prescribed means of abating public nuisances under this chapter:
(1) 
Any public nuisance under this chapter which is located on City-owned property shall be pruned, removed or otherwise treated by the City Forester in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
(2) 
In the event the nuisance is not abated by the date specified in the nuisance notification, the City Forester is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located.
(3) 
Any public nuisance under this chapter which is located on private property shall be pruned, removed or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance and under the supervision of the City Forester. No property owner will be found to have violated this provision unless and until the following notice requirements have been satisfied:
(a) 
The City Forester shall cause a written notice to be personally served or sent.
(b) 
Such notice shall describe the kind of tree, woody shrub, or other plant or plant part which has been declared to be a public nuisance; its location on the property; and the reason for declaring it a nuisance.
(c) 
Such notice shall describe by legal description or by street address the premises.
(d) 
Such notice shall state the actions the property owner may undertake to abate.
(e) 
Such notice shall require the elimination of the nuisance in no less than 30 days.
[Amended 9-22-1998 by Ord. No. 957; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The entire cost of abating any public nuisance as defined herein shall be charged to and assessed against the parcel or lot abutting on the street, alley, boulevard or parkway upon or in which such tree is located or the parcel or lot upon which such tree stands in accordance with§ 66.0627 or 27.09, Wis. Stats. The cost of abating any such nuisance or part thereof which is located in or upon any park or public grounds shall be borne by the City.
B. 
A special charge may be levied against property for the cutting down and removing there from any nuisance tree or shrub. The special charge may be paid in yearly installments not exceeding four yearly installments if the property owner requests in writing the privilege of paying the special charge in installments. Interest on the deferred payments shall be at the rate of 10% on the unpaid balance.
A. 
Permit required. No person, except upon order of the City Forester, shall plant or remove, or do major alterations as determined by the Forester on a tree or shrub in the public right-of-way terrace area or any public area or cause such act to be done by others without first obtaining a written permit for such work from the City Clerk-Treasurer as herein provided.
B. 
Permit exemptions. No permit shall be required to weed, fertilize or water trees or shrubs. No permit is necessary to plant trees inside the property line.
C. 
Permit requirements and conditions. If the City 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 sidewalks, 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/she shall have the Clerk-Treasurer issue a permit to the applicant.
D. 
Permit form; expiration, inspection. Every permit shall be issued 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 do surgery on any public tree or shrub, the City 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 City rate.
(2) 
A public utility may secure an annual working agreement with the City Forester's office which gives the City Forester the authorization to supervise and direct work associated with trees and shrubs.
[Amended 9-22-1998 by Ord. No. 957; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Planting.
(1) 
The size and genus, species and variety of trees and shrubs to be planted in public areas and the manner of planting shall be submitted to the City Forester for approval before commencement of such work as a part of the permit application process required in § 390-7.
(2) 
There shall be a minimum distance of 16 feet and a recommended distance of 25 to 50 feet between terrace area trees, depending upon the size of tree and other factors. Terrace trees shall be planted equal distance between the sidewalk or proposed sidewalk and back of the curb or proposed back of curb. In terrace areas less than four feet wide planting will not be permitted.
(3) 
Pine or fir trees shall not be planted in a terrace area.
(4) 
It shall be unlawful to plant or maintain shrubbery, ground cover, or other plants within terrace areas whose growth is in excess of eight inches in height above the top of the nearest curb.
(5) 
No person shall plant or maintain within the City of Neillsville any tree not approved by the City Forester. The Common Council shall cause the removal of any tree planted in violation of this subsection.
B. 
Unlawfully planted trees. Trees, plants or shrubs planted within any terrace or planting easement without the authorization and approval of the Forester may be removed. The Forester shall notify the abutting owner in writing, listing the unlawfully planted trees, plants or shrubs, ordering their removal, and establishing a reasonable time within which such removal shall be accomplished. In the event that removal is not to be accomplished within the time specified, the City may remove such trees, plants or shrubs and assess the costs thereof to the owner.
[Amended 9-22-1998 by Ord. No. 957]
A. 
Trees and shrubs standing in or upon any terrace area, public areas, 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 14 feet. The City Forester may waive the provisions of this section for newly planted trees if he/she determines that they do not interfere with public travel, obstruct the light of any streetlight or endanger public safety.
B. 
The necessity of the pruning may be determined by the City Forester. On private land the owner is responsible for pruning. On public/City owned property, the Public Works Department is responsible for pruning.
C. 
Clearance from sidewalk to lower branches shall not be less than 10 feet.
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 City 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 in the City. 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, and the Forester shall notify the property owner in writing, describing the conditions, stating the steps necessary to correct the conditions, and establishing a reasonable time within which the corrective steps shall be taken. In the event that effective steps are not taken within the time specified, it shall be lawful for the City to abate these conditions to the extent necessary to assure compliance with the foregoing requirements, and the costs thereof shall be assessed to the owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Dangerous, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the City 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 City, 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 City Forester, subject to § 390-15, shall give written notice to said owner to remedy the situation, which notice 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 City 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 City Forester shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the City Clerk-Treasurer, who shall thereupon enter the cost as a special charge against the property.
B. 
In cutting down trees located in public and terrace areas, the tree must be removed with the root stump grubbed out to a depth of at least nine inches below grade measured in a straight line; normal grade of sidewalk to top of curb. All 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.
C. 
Disposal of wood. Owners of property adjacent to the area where a tree is removed by the City shall have a right of first refusal on keeping the wood for personal use, provided that the wood is not diseased and is removed as quickly as possible to eliminate any danger to the public safety.
A. 
No person shall, without the consent of the owner in the case of a private tree or shrub, or without written permits from the City Forester in the case of a terrace area tree, public tree or shrub, do or cause to be done 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 City 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. 
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 City Forester.
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 or order, subject to the provisions of Ch. 68, Wis. Stats., to the Common Council within seven days of receipt of the order, and the Common Council shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing the Common Council may reverse, affirm, or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The Common Council shall by letter notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded and file its written decision with the City Clerk-Treasurer.