[HISTORY: Adopted by the Village Board of
the Village of Elm Grove 9-17-1956; amended in its entirety 9-11-2000. Subsequent amendments noted where applicable.]
[Amended 4-26-2005]
As used in this chapter, unless otherwise clearly
indicated by the context:
The owner or representative of an owner of a lot, parcel,
or tract on which a Tree Impact Activity is sought.
[Added 2-26-2013]
For the purposes of § 266-6D, any cut vegetative material, regardless of size or condition.
The diameter of a Tree when measured at six inches above
grade. Caliper shall be the form of size measurements of trees four
inches and less in diameter.
[Added 2-26-2013]
The act or process of building a permanent structure or any
process to enhance a permanent structure or any process to gain access
to or supply utilities to a permanent structure.
[Added 2-26-2013]
Which is hereby declared to be non-native invasive species
and prohibited from being planted and consists of the following:
[Amended 5-28-2007]
Buckthorns, common and glossy.
Japanese barberry.
Honeysuckles, tartarian, morrows and bella.
Multifora rose.
Garlic mustard.
Spotted knapweed.
Crown vetch.
Teasels, cut leaved and common.
Dames rocket.
Wild parsnip.
Sweet clovers, white and yellow.
Reed canary grass.
Cattails.
The use of chemicals, cutting, tillage, or a combination
thereof to effectively prevent regulated vegetation from maturing.
The diameter of the trunk of a Tree, stated in inches and
measured at 4 1/2 feet above the existing grade at the base of
the Tree. DBH shall be the form of size measurement for Trees greater
than four inches in diameter.
[Added 2-26-2013]
Any Tree or Shrub, public or private, that may
be injurious or detrimental to the community by causing injuries to
person or property due to a defective, storm-damaged, nature-of-species,
insect-infested or diseased condition.
[Amended 2-26-2013]
Any Tree or Shrub that overhangs any sidewalk,
street or other public right-of-way in the Village in such a manner
as to impede or interfere with any public easement or traffic or travel
on such pathway, 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 pathway, street, or other
public right-of-way.
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 place.
[Amended 5-28-2007]
A written plan relating to management of a lawn or vacant
lot, other than a wooded lot, which contains a legal description of
the property upon which the grass will exceed nine inches in length,
a statement of intent and purpose for the length of the grass, a general
description of the vegetation types, plants, and plant succession
involved, and the specific management and maintenance techniques to
be employed. The management plan must include provisions for cutting
to maintain a length not exceeding 18 inches in height and for a distance
of not less than four feet adjacent to neighboring property lines
unless waived by the abutting property owner on the side so affected.
Any individual, partnership, association, corporation or
any legal entity.
Any Tree, Shrub, or part of, which by reason
of its condition, interferes with the use of any public area and/or
is infected with a plant disease, is infested with injurious insects
or pests, is injurious to public improvements or endangers the life,
health, safety or welfare of persons or property due to size, location
and/or density of Trees or Shrubs.
Dutch elm disease.
Elm bark beetles Scolytus multistriatus (Eichb.)
or Hylurgopinus rufipes.
Oak wilt disease.
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 or part thereof, including logs,
branches, stumps or other elm material from which the bark has not
been Removed.
Any elm firewood from which the bark has not
been Removed or sprayed with an effective elm-bark-beetle-destroying
concentrate and covered with a tarpaulin in such a way as to inhibit
the escape or entrance of said beetle.
Any living or standing Tree or part thereof
in the red oak group, such as red, pin, scarlet and black oak, infected
to any degree with the oak wilt fungus Ceratocystis fagacearum (Bretz)
Hunt.
Any living or standing Tree in the white oak
group, such as white oak, bur oak, and bicolor oak, that poses a threat
of transmission of the oak wilt fungus to other Trees of the same
species through interconnected root systems.
Any dead oak or part thereof, including logs,
branches, stumps or other oak material from which the bark has not
been Removed.
Any oak firewood from which the bark has not
been Removed or sprayed with an effective two-lined chestnut-borer-destroying
concentrate and covered with a tarpaulin in such a way as to inhibit
the escape or entrance of said beetle.
A Tree that is a hazardous Tree defined herein.
Emerald Ash Borer.
[Added 5-28-2007]
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 improved portion of any public way.
Any Tree located on any Village-owned property, including,
without limitation, parkways, roads, parks and other rights-of-way.
[Added 2-26-2013]
Which is hereby declared to be noxious, consists of the following:
Thistle or Canada thistle.
Leafy spurge.
Field bindweed (Creeping Jenny).
Burdock.
Nettle.
Poison ivy.
Purple loosestrife.
Grass or weeds of any kind where height or length
exceeds seven inches, but not including grasses included as part of
a land management plan approved by the Village under this chapter.
All other noxious weeds as specified in § 66.0407,
Wis. Stats.
The felling and/or destruction of a Tree, or the effective
destruction of a Tree through damage or otherwise.
[Added 2-26-2013]
A Tree installed pursuant to a Tree Removal Permit to replace
a Significant Tree that an Applicant has been authorized to Remove.
[Added 2-26-2013]
A woody plant that is never tree-like in habit and produces
branches or shoots from or near the base.
[Added 2-26-2013]
Any Tree located on public property, other than a Hazard
Tree or Public Nuisance, having a DBH of six inches or more.
[Added 2-26-2013]
The severe cutting back of internodule branch parts of two
inches or greater in diameter, thereby as to Remove the normal canopy
and disfigure the Tree.
A self-supporting, woody plant, together with its root system,
a more or less well-defined crown, and a mature height of at least
eight feet or an ornamental Tree or shade Tree or Shrub of any variety.
[Amended 2-26-2013]
Any construction activity on any lot that will or is likely
to involve the Removal of a Significant Tree.
[Added 2-26-2013]
A permit issued by the Village Manager or his/her designee
authorizing the Removal of a Tree pursuant to the provisions of this
chapter.
[Added 2-26-2013]
Any lot, whether developed or otherwise, which contains a mature Tree cover of 50% or greater. A wooded lot is not subject to the maintenance requirement of § 266-6D herein.
Any unpaved open space on a lot together with the area between
the lot line and the curb or improved portion of any public way.
[Amended 3-23-2004]
The Public Works/Utilities Committee of the
Village Board shall have jurisdiction to monitor compliance with the
provisions of this chapter. It may employ a forester or designate
a municipal employee to perform the duties of forester under § 27.09,
Wis. Stats., and exercise the powers granted by the Board under this
chapter.
[Amended 5-28-2007; 2-24-2014]
A.
Intent and purpose of chapter: to declare Dutch elm disease, elm
bark beetles, Emerald Ash Borer, and oak wilt public nuisances.
(1)
Whereas, the Village Board has determined that there are many elm
Trees growing on public and private premises within the Village, 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. The health and life
of these Trees is threatened by a fatal disease known as "Dutch elm
disease," which is spread by the elm bark beetles Scolytus multistriatus
(Eichb.) or Hylurgopinus rufipes (March). The Village Board hereby
declares its intention to control and prevent the spread of Dutch
elm disease and the insect pests and vectors that carry such disease
and declares Dutch elm disease and the elm bark beetles that carry
such disease to be public nuisances.
(2)
Whereas, the Village Board has determined that there are many oak
Trees growing on public and private premises within the Village, 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. The health and life
of these Trees is threatened by a fatal disease known as "oak wilt
disease," which is spread by Nitidulid beetles. The Village Board
hereby declares its intention to control and prevent the spread of
oak wilt disease and the insect pests and vectors that carry such
disease and declares that oak wilt disease and Nitidulid beetles that
carry such disease are public nuisances.
(3)
Whereas, the Village Board has determined that there are many ash
Trees growing on public and private premises within the Village, 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. The health and life
of these Trees is threatened by an extremely aggressive exotic insect
known as Agrilus planipennis Fairmaire or Emerald Ash Borer. The Village
Board hereby declares its intention to control and prevent the spread
of Emerald Ash Borer by any current method.
B.
Abatement of Hazardous or Public Nuisances; duty of
Forester.
(1)
Whenever the Forester, after inspection, reasonably
determines that a public nuisance, as herein defined, exists on public
property in the Village, the Forester 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, oak wilt and
any vectors which would carry these diseases and any ash Trees with
Emerald Ash Borer.
[Amended 5-28-2007]
(2)
When the Forester reasonably determines that a public
nuisance exists upon private premises, the Forester shall immediately
serve or cause to be served, personally or by registered mail, an
abatement notice. The abatement notice shall be served on the owner
of such property, if the owner can be found, or otherwise upon the
occupant thereof. If the owner or occupant cannot be found, such notice
shall be given by publication in a newspaper of general circulation
in the Village. The abatement notice shall be in writing and shall:
[Amended 5-28-2007; 2-26-2013]
(a)
Describe the nuisance and recommended procedures
for its abatement; and
(b)
State that the owner shall abate the nuisance,
at the owner's expense, within 14 days of the date of the notice unless,
within 10 days of the date of the notice, the property owner requests
a hearing before the Director of Public Works to show that such nuisance
does not exist or does not endanger the health of elm Trees, oak Trees
or ash Trees in the Village.
(3)
Should
the property owner request a hearing before the Director of Public
Works to show that such nuisance does not exist or does not endanger
the health of elm Trees, oak Trees or ash Trees in the Village, a
hearing before the Director of Public Works shall be scheduled, not
less than 14 days after service of such written notice, on the abatement
action to be taken. The decision of the Public Works Director may
be appealed to the Public Works Committee within 10 days of the Public
Works Director’s decision. Decisions of the Public Works Committee
such appeal shall be final.
[Added 2-26-2013[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection B(3) through (5) as Subsection B(4) through (6),
respectively.
(4)
If the Director of Public Works determines that a
public nuisance exists following a hearing under this section, the
property owner shall abate the nuisance as directed within 10 days
after such hearing. The Forester may extend the time allowed the property
owner for abatement work for not more than 10 additional days.
(5)
If abatement does not occur in the time allotted,
the Forester shall proceed to abate the nuisance by means of a court
order with the assistance of the Village Attorney.
(6)
Any person violating this chapter shall, in addition
to performing abatement, be subject to a forfeiture for each day of
each violation.
C.
Spraying or other treatment.
(1)
Whenever the Forester 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, the Forester
may spray or otherwise effectively treat with an elm-bark-beetle-destroying
concentrate all elm Trees within a one-thousand-foot radius of the
infected Tree.
(2)
In order to facilitate the work and minimize the inconvenience
to the public of any spraying operation conducted under this chapter,
the Forester shall give advance public notice of such operation by
public media, public service announcements or other effective means
and shall post appropriate warning notices in the areas and along
the streets where Trees are to be sprayed at least 24 hours in advance
of spraying. When any residue or concentrate from municipal spraying
operations is likely to be deposited on any public street, the Forester
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 24 hours
in advance of spraying operations.
A.
Legislative intent. The Village Board finds that Trees
having a defective or diseased condition, or are insect infested,
within the Village are hazardous and may result in injury to person
or property. The Village Board hereby declares its intention to locate
and examine such Trees and take appropriate steps for abatement of
such hazardous conditions.
[Amended 5-28-2007]
B.
Planting of Vegetation on Public Property. No Tree,
or Shrub, woody plant or herbaceous plant shall be planted in any
of the public rights-of-way or a public easement in the Village by
a non-Village agent unless such Tree, Shrub, woody plant or herbaceous
plant and the place where such Tree, Shrub, woody plant or herbaceous
plant is to be planted has first been approved by the Village Public
Works/Utilities Committee upon the recommendation of the Forester
of the Village. There shall be a written agreement executed whenever
planting by any non-Village agent is allowed in a form satisfactory
to the Village Attorney.
[Amended 2-26-2013]
C.
Abatement of nuisances. The Forester shall follow the procedures outlined in § 266-3B of this chapter in abating nuisances under this section arising out of hazardous, diseased, or defective Trees. The Village hereby declares that in assessing special charges under this chapter, it is exercising its police power, and no damages shall be awarded to any owner for the destruction of any Tree creating a hazard due to a diseased or defective condition.
A.
Damage to Public Trees. No person shall, upon public
property without permission from the Village Forester, do or cause
to be done by others any of the following acts:
(1)
Secure, fasten, nail, or run any rope, wire, sign,
or materials around, into, or through a Tree or Shrub, or prune a
Tree or Shrub, except in emergencies such as storms or accidents.
[Amended 2-26-2013]
(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 any Tree or
Shrub or their root zone.
(4)
Remove any guard stake or other device or material
intended to protect a Public Tree or Shrub or close or obstruct an
open space about the base of a Public Tree or Shrub designed to permit
access of air, water or fertilizer.
(5)
Topping. It shall be unlawful as a normal practice
for any person or firm to top any street tree, park tree, or other
Trees on public property. Trees severely damaged by storm or other
causes, or certain Trees under utility wires or other obstructions
where standard pruning practices are impractical, are exempt from
this chapter.
(6)
Trimming of public elms and oaks during growing season.
No person or firm shall, from April 15 until October 1, trim any public
elm or oak tree without permission of the Forester. Exceptions are
for storm-damaged Trees that were damaged in the current growing season.
Any emergency trimming of elms and oaks during the growing season
must have wounds treated with a wound treatment compound or nontoxic
thick paint at the time of limb Removal.
B.
Excavation and construction. No person or entity shall
excavate any ditches, tunnels or trenches or install pavement within
the drip line of any Public Tree unless said plans have been noted
and approved by the Department of Public Works and have been reviewed
and approved by the Forester. In the process of obtaining street excavation
permission for the proposed work, the applicant shall indicate conflicts
with and/or disruption to, existing Public Trees resulting from said
work. All Public Trees near any excavation or construction of any
building structure or street work shall be sufficiently guarded and
protected by those responsible for such work to prevent an injury
to said Trees.
C.
Landscaping. Except for the Village Department of
Public Works, no person or entity shall, with or without intent, disturb
or destroy existing roots within the drip line of any Public Trees
without first obtaining permission of the Forester. No person or firm,
with or without intent, will increase soil depth to any existing grade
within the drip line of any Public Trees without permission of the
Forester. Any soil added without permission will be Removed at the
offender's expense.
D.
Tree Removal Permit Required.
[Added 2-26-2013]
(1)
No person shall Remove or damage any Public Tree as outlined in § 266-5. If, during Construction, a Public Tree will be impacted, a Tree Removal Permit is required. Tree replacement obligations will be incurred by the applicant.
(2)
A Tree Removal Permit fee shall be established and reviewed or amended
by the Village Board. The fee shall be waived for local units of government,
school districts and for the Removal of a Tree pursuant to the provisions
of the Village Code of Ordinances concerning the Removal of Hazardous
Trees.
(3)
A Tree Removal Permit shall require the protection of other Trees
located on, or adjacent to, the subject property.
E.
Application for Tree Removal Permit.
[Added 2-26-2013]
(1)
A Tree Removal Permit application shall be submitted on a form approved
by the Village Manager or his/her designee along with a Tree Removal
Permit Fee.
(2)
The Tree Removal Permit shall be issued by the Village Manager or
his/her designee upon determination that the application form has
been properly completed, that the applicable permit fee has been paid,
and the required replacement obligation, if any, has been satisfied.
F.
Application forms, fees, rules, and appeals.
[Added 2-26-2013]
(1)
The Village Manager or his/her designee is hereby authorized to establish
any incidental rules or regulations that may be necessary to implement
the provisions of this chapter, including the preparation of the application,
permit, or other forms.
(2)
In the event the applicant objects to a determination of the Village
Manager's designee in connection with a Tree Removal Permit or
Tree Removal Permit application under this chapter, an applicant may
appeal such determination by filing a written appeal with the Village
Manager within 10 days after the Village Manager's designee's
determination. The appeal shall set forth with particularity the aspects
of the Village Manager's designee's determination from which
the appeal is sought and the basis on which the applicant believes
the Village Manager's designee's determination was inconsistent
with the standards of this chapter. The Village Manager shall notify,
in writing, the person filing the appeal of his/her decision regarding
the appeal.
(3)
The decision of the Village Manager may be appealed to the Village
Board of Trustees within 30 days of the Village Manager's decision.
The decision of the Village Board of Trustees shall be final.
G.
Tree Replacement Obligations. Whenever a Tree Removal Permit is subject
to a Tree Replacement Obligation due to the Removal of a Significant
Tree, the Village Manager or his/her designee shall determine what
the tree replacement obligation shall be. The obligation shall be
based on the size of the Significant Tree(s) affected and subject
to the following terms:
[Added 2-26-2013]
(1)
The Village Manager or his/her designee shall require the applicant
to replace the Significant Tree(s) Removed with new Trees, each of
which shall have a minimum Caliper of not less than two inches. The
total Caliper of replacement tree(s) shall equal or exceed the DBH
of the tree(s) Removed, unless the Village Manager or his/her designee
determines that full replacement would result in unreasonable crowding
of Trees upon the right-of-way adjacent to the Subject Property as
administered per § 266-5H(4).
(2)
The Village Manager or his/her designee shall have prior approval
of all species of Trees to be planted on the property when the planting
of replacement Trees is required.
(3)
An applicant shall be required to replace any replacement Tree that
does not survive the second anniversary of its installation.
(4)
If the adjacent Village property cannot accommodate the replacement
Trees, the applicant will pay a fee in lieu of planting replacement
Trees on Village property of $400 per Tree Removed. The Village shall
than use such funds to purchase and plant Trees elsewhere on Village
property.
(5)
Permit Revocation occurs when there is a violation of any provision
of this chapter and shall be grounds for revocation of any permit
or approval issued pursuant to this chapter.
[Amended 4-26-2005]
A.
Legislative intent. It is the intent of the Board
of Trustees to regulate the growth of certain regulated vegetation
and to prohibit the planting of controlled vegetation within the Village.
In the exercise of its police power and in recognition of further
statutory authority conferred by § 66.96, Wis. Stats., the
Board finds that attractive and well-maintained property will enhance
the neighborhoods and Village and will provide a suitable environment
for increasing physical and monetary value and that the growth of
certain regulated vegetation as defined herein:
(1)
Attracts rodents;
(2)
Invites unwanted dumping of grass clippings and other
organic and inorganic waste material on undeveloped or partly developed
parcels of land within the Village;
(3)
Creates, under certain circumstances, fire hazards;
(4)
At certain times of the year serves to adversely intensify
the pollution of the air substances which would affect persons with
allergenic producing hay fever or other allergenic-related illnesses;
(5)
Gives an appearance of neglect which is inconsistent
with surrounding properties to the overall detriment of the Village;
and
(6)
Violates state public policy with respect to certain
noxious weeds which by statutory definition are per se an impermissible
form of vegetation.
B.
Duty to destroy.
(1)
Any person or legal entity owning, occupying or controlling land located in Elm Grove and without regard to its level of development shall destroy all regulated vegetation thereon; provided, however, that grass or weeds regulated under Subsection H of the definition of "regulated vegetation" in § 266-1 shall be brought into compliance with the height requirements contained therein through mowing or cutting.
(2)
Persons owning property having controlled vegetation
located thereon are encouraged to Remove such controlled vegetation
whenever practicable.
C.
Planting of controlled vegetation prohibited. No person
shall plant any controlled vegetation in the Village.
D.
Maintenance of yards and lot areas.
(1)
Landscaping, plantings and other decorative surface
treatments, including common species of grass, shall be installed
if necessary and maintained to present an attractive appearance in
all yards and lot areas except a wooded lot. In the absence of an
approved land management plan from the Plan Commission pursuant to
the delegated authority of this chapter, grasses shall be maintained
to a height not to exceed seven inches in length. Plantings shall
be maintained so as not to present hazards to adjoining properties
or to persons or vehicles traveling on public ways and shall be maintained
so as to enhance the appearance and value of the neighborhood and
the Village.
(2)
No person, or entity shall place brush on any public
right-of-way or any public property for the purpose of its Removal
by the Village Department of Public Works or any other entity any
earlier than the Friday preceding the first day of the week posted
for municipal brush pickup in the respective area where placed or
more than 72 hours in advance of any contracted pickup time. Violators
of this provision shall be subject to a special charge per Village
truckload at the current rate of service, or fraction thereof, for
Removal of brush by the Village.
[Amended 4-22-2008; 9-28-2015]
E.
Authority of Fire Chief to abate fire threat. All
yard areas and grass areas shall be cut between June 30 and October
15 when the Fire Chief so orders consistent with his or her professional
determination that the length of such yard or grass areas poses an
unreasonable threat from fire to the safety of the area in question
or its surrounding neighborhood.
F.
Application for approval of land management plan.
Any owner or lessee, with the consent of the owner, of land in the
Village may apply with the Plan Commission for approval of a land
management plan for a natural lawn, one where the grasses exceed seven
inches in height, as follows:
(1)
Application requirements. Each application for a land
management plan shall be on a form provided by the Village Clerk.
A copy of the application shall be mailed by the applicant or given
personally by the applicant to each of the owners of record, as listed
in the office of the Village Assessor, who are owners of the property
situated in whole or in part within 200 feet of the boundaries of
the properties affected. The Village Clerk shall provide the list
of the property owners who are to be notified of the application.
The applicant shall certify, under oath, on a form to be furnished
by the Village Clerk that such owners have been duly notified and
the manner in which they have been notified. If, within 15 days of
receipt of a copy of the application, at least 51% of such property
owners file written objections to the application with the Village
Clerk, then such application shall be referred to the Plan Commission
for public hearing prior to decision. Such a hearing shall be noticed
with a Class 2 notice at the expense of the applicant.
(2)
Application of appeal. The owner or lessee of land
in the Village may appeal from a decision of the Plan Commission refusing
to grant a land management plan. All appeals shall be to the Board
of Trustees, which shall hear such appeals. All applications for appeal
shall be submitted within 15 days of notice of denial of the land
management plan.
[Amended 2-26-2013]
(3)
Revocation of the land management plan. The land management
plan may be revoked for failure to comply with the requirements of
this chapter. Notice of intent to revoke a land management plan shall
be appealable to the Board of Trustees pursuant to the delegated authority
of this chapter. All applications for appeal shall be submitted within
15 days of notice of intent to revoke a land management plan.
[Amended 2-26-2013]
G.
Duty to comply with written order. In the event that
any person or legal entity owning, occupying or controlling land located
in Elm Grove is served with an order in writing by the Elm Grove Weed
Commissioner to destroy regulated vegetation or Remove and destroy
newly planted controlled vegetation (served by a type of delivery
service of which the delivery can be tracked or served in person)
and fails to do so within seven consecutive days of receipt of same
or seven consecutive days of the refusal of the receipt of such mailed
order, such person or legal entity shall be assessed a special charge
against the property in question, the cost of destroying the regulated
vegetation pursuant to § 66.60(16), Wis. Stats. Such destruction
shall occur at the direction of the Weed Commissioner in consultation
with the Village Manager.
[Amended 10-26-2010]
H.
Public notice to destroy regulated vegetation. The
President of the Village Board shall compel the posting annually on
or before May 15 by the Village Manager for 14 days that every person
or legal entity owning, occupying or controlling land located in Elm
Grove is required by law to destroy all regulated vegetation.
[Amended 4-22-2008]
A.
The Village Forester is authorized to inspect or cause
to be inspected all premises and places within the Village to determine
whether any public nuisance regulated under this chapter exists thereon.
The Village Forester shall also inspect or cause the inspection of
any elm tree reported or suspected to be infected with the Dutch elm
disease or any elm bark bearing material reported or suspected to
be infested with elm bark beetles. Furthermore, the Village Forester
will inspect all oaks reported or suspected to be infected with oak
wilt or any oak wood bearing material reported or suspected to be
infested with Nitidulid. The Village Forester will inspect all ash
Trees reported or suspected of containing Emerald Ash Borer.
[Amended 5-28-2007]
B.
The Village Forester may inspect Trees, alive or dead,
fallen or standing, for the purpose of determining whether such Trees
are contagiously diseased or defective such as to create a hazardous
situation. Such examinations shall include the right to take samples
from such Trees for laboratory testing purposes. Before having such
analysis made, the owner shall be contacted and afforded the opportunity
of securing private tests at his or her own expense, within a period
of 20 consecutive days thereafter, the results of which shall be made
available to the Village Forester.
C.
The Forester and his or her agents shall request permission
to enter upon private property for the purpose of carrying out any
of the provisions of this chapter. In the event of refusal of entry,
the Forester or his or her agent shall be empowered to apply for an
inspection warrant pursuant to § 66.122, Wis. Stats.
D.
Whenever reasonably necessary to determine the existence
of Dutch elm disease, elm bark beetles, oak wilt, Nitidulid beetles
or Emerald Ash Borer in any Tree, the Forester or his or her agent
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 Forester who shall forward them to the Wisconsin
Department of Agriculture at Madison for analysis to determine the
presence of a public nuisance. Before Removal of any specimens under
this subsection, the owner shall be contacted and afforded the opportunity
of securing private tests at the owner's own expense, within a period
of 20 days thereafter. The results of the tests shall be made available
to the Village Forester.
[Amended 5-28-2007]
A.
The Village shall pay the cost of abatement of public
nuisances located on public property.
B.
Costs incurred by the Village for the abatement of
public nuisances located on private property shall be assessed against
the property owner as a special charge pursuant to § 66.60(16),
Wis. Stats.
C.
Special charges under this section:
(1)
Shall be without prior notice as authorized in § 66.60(16)(a),
Wis. Stats., and shall be imposed for services performed, subject
to availability of Village resources;
(2)
Shall be payable within 30 calendar days of the mailing
of an invoice from the Village;
(3)
Shall not be payable in installments; and
(4)
Shall become, if delinquent, a lien as provided in
§ 66.60(16)(a), Wis. Stats.
[Amended 4-26-2005; 7-26-2005]
A.
Any person who does any of the following acts within the Village shall be subject to a penalty as provided in § 1-16 of this Code, except that the forfeiture shall not be less than $100:
(1)
Transports any diseased wood on which the bark has
not been Removed for resale to any address in Elm Grove.
(2)
Interferes with or prevents any acts of the Forester
or his or her agents or employees while they are engaged in the performance
of duties imposed by this chapter.
(3)
Permits any public nuisance as defined in this chapter
to remain on any premises owned or controlled by him or her when ordered
by the Forester to abate such nuisance.
C.
It shall be an offense for any person, property owner to do themselves,
or to employ or authorize or direct any third party or entity to Remove
a Public Tree without having first obtained a Tree Removal Permit,
if so required under the provisions of this chapter.
[Added 2-26-2013[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection C as Subsection F.
D.
It shall
be an offense for any person to undertake a Tree Impact Activity that
is not undertaken in strict conformity with the terms and conditions
of a Tree Removal Permit.
[Added 2-26-2013]
E.
A separate
offense shall be deemed to have been committed for each Public Tree
Removed without a Tree Removal Permit or in violation of a Tree Removal
Permit.
[Added 2-26-2013]
F.
Any person or legal entity owning, occupying or controlling land located in the Village who shall fail to comply with an order of the Village Weed Commissioner to destroy regulated vegetation thereon within five consecutive days of receipt of such order shall be subject, in addition to a special charge for abatement, to a penalty as provided in § 1-16 of this Code for offenses within a twelve-month period.
[Amended 2-26-2013]
