No person shall plant, remove or maintain any
trees, flowers, shrubs or plants of any kind in any of the public
streets, parkways, boulevards or other public grounds except authorized
school personnel on school property in the Village of Shorewood without
obtaining a written permit from the Director of Public Works as hereinafter
provided.
The Director of Public Works shall grant a written
permit to all persons to plant, remove or maintain trees, flowers,
shrubs or plants of any kind upon the public streets, parkways or
other public grounds except school grounds of said Village in accordance
with the following regulations:
A.
Only such species of trees, flowers, shrubs or plants
which, when planted in the vicinity of a street intersection, do not
obstruct the view of the intersection of a pedestrian or motorist
traveling thereon and which have been approved by the Director of
Public Works shall be permitted.
B.
Such planting of trees, flowers, plants and shrubbery
shall otherwise conform to such rules, regulations and orders as shall
be required by the Director of Public Works.
A.
The Director of Public Works may summarily cause to
be removed any dead or dying tree limbs or damaged trees or limbs
thereof or shrubbery or other plantings where an emergency exists
and the same is so located as to endanger the safety of persons or
property.
B.
Where an emergency does not exist but the Director
of Public Works is of the opinion that there is a violation of the
provisions of this article or that dying or damaged trees or limbs
thereof or shrubbery or other plantings constitute a potential danger
to either members of the public or adjoining property owners, or that
trees, hedges or vegetation is obstructing the view of pedestrians
or motorists so as to endanger their safe passage, he shall give written
notice to the owners or occupants of such property to remove or cause
to be removed the aforesaid hazardous conditions within five days.
C.
If such owner or occupants feel aggrieved by the order
of the Director of Public Works, he or they shall, within such five-day
period, have a right to appeal to the Board of Appeals, such appeal
to be in writing. Such appeal shall be heard at the next regular meeting
of the Board, which shall either affirm, reverse or modify the ruling
of the Director of Public Works.
D.
Where there has been a removal in emergency situations,
or on failure to effect such removal within five days after receipt
of the order of the Director of Public Works, or in event of an appeal
to and an affirmation by the Board of Appeals of his order, he is
hereby authorized to remove and have assessed the total cost thereof
against the property; he shall make a report of the same to the Village
Clerk, who shall enter the amount therein charged to each lot or parcel
of land on the next and subsequent tax roll as a special tax against
such lot or parcel of land, and the same shall be collected in all
respects like other Village taxes upon real estate.
Any person or persons who shall cut, break,
tear, deface or otherwise injure a grass plot, flowerbed, ornamental
or shade tree, shrub or other plant upon any sidewalk, street, alley
or other public place within this Village shall be penalized as hereinafter
provided.
A.
Intent and purpose. The Village Board has determined
that there are many elm trees growing on public and private premises
within the Village of Shorewood, the loss of which would substantially
depreciate the value of public and private property, impair the use
and enjoyment of public and private premises, and erode the tax base
of the Village, and that the health and life of such trees are threatened
by a fatal disease known as "Dutch elm disease," which is spread by
root graft and elm bark beetles. The Village Board hereby declares
its intention to control and prevent the spread of said disease and
the insect pests and vectors which carry such disease and declares
Dutch elm disease and the elm bark beetles which carry such disease
to be public nuisances.
B.
Responsibility of Director of Public Works. The Director
of Public Works shall have the responsibility of carrying out the
provisions of this section. He may designate Village employees to
perform the duties of foresters under Ch. 27, Wis. Stats., and may
authorize such employees to perform the duties and exercise the powers
imposed on him by this section, or if such work is let under Village
contract, then the provisions of said contract shall govern.
C.
DIRECTOR
PERSON
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
PUBLIC PROPERTY
Definitions. As used in this section, unless otherwise
clearly indicated by the context, the following words shall have the
meanings indicated:
The Director of Public Works of the Village or his designee.
Person, firm or corporation.
Dutch elm disease.
Elm bark beetles Scolytus multistriatus (Eichb.)
or Hylurgopinus rufipes (Marsh.).
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.
The premises 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 the improved portion of any public way.
D.
Inspection.
(1)
The Director shall inspect or cause to be inspected
at least twice each year 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 infected with Dutch elm disease or any elm-bark-bearing material
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 permanent injury thereto and deliver such specimens to
the Director of Public Works 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 Director of Public Works and his agents and the
employees under him shall have authority to enter upon private premises
at reasonable times for the purpose of carrying out any of the provisions
of this section.
E.
Abatement of nuisances.
(1)
The Director shall order, direct, supervise and control
the abatement of public nuisances as defined in this section by spraying,
injecting, removing, burning or by other approved and recommended
means which he determines to be necessary to prevent as fully as possible
the spread of Dutch elm disease fungus or the insect pests or vectors
known to carry such disease fungus.
(2)
Whenever the Director, 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 fungus or the
insect pests or vectors known to carry such disease fungus.
(3)
Notice.
(a)
When the Director determines with reasonable
certainty that a public nuisance exists upon private premises, he
shall immediately serve or cause to be served, personally or by certified
mail, upon the owner of such property, if he can be found, or upon
the occupant thereof, written notice of the existence of such nuisance
and of a time and place for a review of the Director's findings before
the Village Manager, 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 the notice or shall appear at the review hearing before
the Village Manager to show that such nuisance does not exist or does
not endanger the health of elm trees in the Village, the Director
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 Village.
(b)
If, after review held pursuant to this subsection,
it shall be determined by the Village Manager that a public nuisance
exists, he shall forthwith order the immediate abatement thereof.
Unless the property owner abates the nuisance as directed within 30
days after such hearing or files an appeal before the Shorewood Board
of Appeals within said time, the Director shall proceed to abate the
nuisance and cause the costs thereof to be assessed against the property
in accordance with the procedures provided in this section. The Village
Manager may extend the time allowed to the property owner for the
abatement work but not to exceed 30 additional days.
(c)
If the property owner wishes to appeal the order of the Village Manager referred to in Subsection E(3)(b) hereof, he shall file a notice of appeal with the Shorewood Board of Appeals in accordance with the provisions of § 535-56 of the Shorewood Village Code. In addition, the provisions of § 7-3 of the Shorewood Village Code related to due process shall be applicable to such proceedings.
F.
Treatment of infected trees.
(1)
Whenever the Director shall determine that any elm
tree or part thereof is infected with Dutch elm disease fungus, or
is in a weakened condition and harbors elm bark beetles, he may cause
all elm trees within a one-thousand-foot radius thereof to be treated
by a means or method approved by the Village Board as being effective
against the elm bark beetle and Dutch elm disease fungus.
(2)
If spraying is the method to be used in an effort
to control the spread of the Dutch elm disease fungus or of the elm
bark beetle, the Director 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 12 hours in advance of spraying.
When any residue or concentrate from municipal spraying operations
can be expected to be deposited on any public streets, the Director
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 four
hours in advance of spraying operations.
G.
Cost of tree care.
(1)
The cost of abatement of a public nuisance or treatment
of elm trees or elm wood at the direction of the Director, if the
nuisance tree or wood is located on public property, shall be borne
by the Village.
(2)
The cost of abating a public nuisance or treating
elm trees or elm wood located on private premises, when done at the
direction and under the supervision of the Director, shall be assessed
to the property on which such nuisance tree or wood is located, as
follows:
(a)
The Director shall keep a strict account of
the cost of such work or treatment and the amount chargeable to each
lot and/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 the 15th day of October
each year.
(b)
Upon receiving the Director's report, the Village
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 Village 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.
(c)
After the 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 the adoption and
publication of such resolution, assessments made thereby shall be
deemed final.
(d)
The Village Clerk shall mail notice of the amount
of such final assessment to each owner of the property assessed at
his last known address, stating that, unless paid within 30 days of
the date of the notice, such assessment shall bear interest at the
rate of 6% per annum and will be entered on the tax roll as a delinquent
tax against the property, and all proceedings in relation to the collection,
return and sale of the property for delinquent real estate taxes shall
apply to such assessment.
(e)
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 any owner for the destruction of
any diseased or infested elm tree or elm wood or part thereof.
(f)
The amount chargeable against any parcel or
lot in any year under this section shall not exceed 10% of the assessed
value of the premises exclusive of improvements as shown on that year's
tax roll. The portion of any assessment in excess of such percentage
amount shall be charged to the Village and paid out of general funds.
H.
Prohibited acts and penalties.
(1)
Any person who does any of the following acts within
the Village of Shorewood shall, upon conviction thereof, forfeit not
less than $10 nor more than $500, together with the costs of prosecution,
and in default of payment thereof shall be imprisoned in the county
jail or house of correction until such costs and forfeitures are paid,
but not exceeding 60 days:
(a)
Transports any bark-bearing elm wood, bark or
material on public streets or highways or other public premises without
first securing the written permission of the Director.
(b)
Interferes with or prevents any acts of the
Director or his agents, representatives or employees while they are
engaged in the performance of duties imposed by this section.
(c)
Refuses to permit the Director or his duly authorized
representative, agent or employee to enter upon his premises at reasonable
times to exercise the duties imposed by this section.
(d)
Permits any public nuisance to remain on any
premises owned or controlled by him when ordered by the Director to
abate such nuisance.
(2)
Each day a violation continues hereunder shall constitute
a separate offense.
[Added 8-15-2016 by Ord.
No. 2063]
A.
Intent and purpose. The Village Board has determined that there are
many trees growing on public and private premises within the Village
of Shorewood, the loss of which would substantially depreciate the
value of public and private property, impair the use and enjoyment
of public and private premises, and erode the tax base of the Village,
and that the health and life of such trees are threatened by the spread
of the jewel beetle agrilus planipennis, which is a commonly known
as, and referred to herein as, the "emerald ash borer."
B.
Declaration of public nuisance. The Village Board hereby declares
its intention to control and prevent the spread of the emerald ash
borer and declares the trees infested with the emerald ash borer to
constitute a public nuisance.
C.
Responsibility of Director of Public Works. The Director of Public
Works (the "Director") shall have the responsibility of carrying out
the provisions of this section. The Director may designate Village
employees to perform the duties of foresters under Ch. 27, Wis. Stats.,
and may authorize such employees to perform the duties and exercise
the powers imposed on them by this section, or if such work is let
under Village contract, then the provisions of said contract shall
govern.
D.
Inspection.
(1)
The Director may inspect or cause to be inspected as deemed
necessary any premises or places within the Village where any ash
tree is reported or suspected to be infested with the emerald ash
borer. The Director of Public Works, and his or her agents and employees
thereunder, shall have authority to enter upon private premises at
reasonable times for the purpose of carrying out the provisions of
this section.
E.
Abatement of nuisance.
(1)
The Director shall order, direct, supervise and control the
abatement of public nuisances as defined in this section by removing,
or ordering the removal of, any trees infested with the emerald ash
borer.
(2)
Abatement on public property. Whenever the Director, after inspection,
shall determine that a public nuisance, as herein defined, exists
on public property in the Village, he or she shall abate the nuisance
by removing the trees deemed to constitute the nuisance.
(3)
Abatement on private property.
(a)
When the Director determines with reasonable certainty that
a public nuisance, as defined in this section, exists upon private
premises, he or she shall serve or cause to be served, personally
or by certified mail, upon the owner of such property if the owner
can be found, or upon the occupant thereof, written notice of the
existence of such nuisance. Such notice shall describe the nuisance
and order the removal of trees as necessary to abate the nuisance
and shall further state that, unless the owner abates the nuisance
in the manner specified in the notice, the Director 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 Village.
(b)
Unless the property owner abates the nuisance as directed within 30 days after notice is served, or files an appeal before the Shorewood Board of Appeals within said time, the Director shall proceed to abate the nuisance and cause the costs thereof to be assessed against the property as a special charge in accordance with Village Code § 68-19, as described below. The Director may extend the time allowed to the property owner for the abatement work but not to exceed 30 additional days.
F.
Cost of abatement.
(1)
The cost of abatement of a public nuisance on public property
shall be borne by the Village.
(2)
The cost of abating a public nuisance located on private property,
when done at the direction and under the supervision of the Director,
shall be assessed to the property on which such nuisance tree or wood
is located, as follows:
(a)
The Director shall keep a strict account of the cost of such
work or treatment and the amount chargeable to each parcel of private
property and shall report such work, charges, description of property
to which charged, and names and addresses of the owners of such property
to the Village Board on or before the 15th day of October each year.
(c)
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 any owner for the destruction of any infested
tree or part thereof.
(d)
The amount chargeable against any private property in any year
under this section shall not exceed 10% of the assessed value of the
property as shown on that year's tax roll. The portion of any
assessment in excess of such percentage amount shall be charged to
the Village and paid out of general funds.
G.
Prohibited acts and penalties.
(1)
Any person who does any of the following acts within the Village
of Shorewood shall, upon conviction thereof, forfeit not less than
$10 nor more than $500, together with the costs of prosecution, and
in default of payment thereof shall be imprisoned in the county jail
or house of correction until such costs and forfeitures are paid,
but not exceeding 60 days:
(a)
Interferes with or prevents any acts of the Director or his
agents, representatives or employees while they are engaged in the
performance of duties imposed by this section.
(b)
Refuses to permit the Director or his duly authorized representative,
agent or employee to enter upon his premises at reasonable times to
exercise the duties imposed by this section.
(c)
Permits any public nuisance to remain on any premises owned
or controlled by him when ordered by the Director to abate such nuisance.
(2)
Each day a violation continues hereunder shall constitute a
separate offense.
