[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-31-1992 as Title 6, Ch. 4 of the 1992 Code. Amendments noted where
applicable.]
A.
Intent and purpose. It is the policy of the Village
of Orfordville 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 Village 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 Village;
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 Village
against the spread of disease, insects or pests.
B.
Application. 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:
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 boulevard for the purpose of
this chapter. "Boulevard" shall have the same meaning as "terrace."
Where there are only sidewalks, the area four feet from the curb shall
be deemed a boulevard area under this chapter.
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extend from ground
level throughout its entire height.
The person designated by the Village Board as authorized
to carry out the provisions of this chapter.
Trimming a tree beyond necessary trimming to comply with
this chapter.
A person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased by the Village except the terrace areas.
Any tree or shrub or part thereof which, by reason of its
condition, interferes with the use of any public area, 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.
All trees and shrubs located or to be planted in or upon
public areas.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
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 Village Board may designate a municipal employee
or citizen to perform the duties of Forester under Ch. 27, Wis. Stats.,
and may authorize such Forester to perform the duties and exercise
the powers imposed on the Village Board by this chapter. The Village
Forester shall annually be appointed by the Village President, subject
to Board confirmation, at the Board's organizational meeting.
B.
The Village Forester or his 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.
No person shall interfere with the Village Forester
or his authorized representative while he is engaged in carrying out
any work or activities authorized by this chapter.
A.
Dutch Elm and other tree diseases a public nuisance.
Whereas the Village Board has determined that there are many 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, and that the health and life
of such trees are threatened by fatal diseases such as Dutch Elm disease,
which is spread by the elm bark beetles Scoltus multistriatus (Eichb.)
or Hylurgopinus rufipes (Marsh.), the Village Board hereby declares
its intention to control and prevent the spread of such disease and
the insect pests and vectors which carry such diseases and specifically
declares Dutch Elm disease and the elm bark beetles which carry such
disease to be public nuisances.
B.
PERSON
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
PUBLIC PROPERTY
Definitions. As used in this section, unless otherwise
clearly indicated by the context, the following terms shall have the
meanings indicated:
Person, firm or corporation.
Fatal or deleterious tree diseases.
Elm bark beetles Scolytus multistriatus (Eichb.)
or Hylurgopinus rufipes (Marsh.); Dutch Elm 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 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.
Any other deleterious or fatal tree disease.
Any tree or part thereof which, by reason of
its condition and location, is hazardous or dangerous to persons and
property using or upon any public street, sidewalk, alley, park or
other public or private place, including the terrace strip between
the curb and lot line.
Any tree or part thereof which is infested by
the eastern tent caterpillar or other defoliating larvae.
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.
C.
Inspection.
(1)
The Village Forester shall inspect or cause to be
inspected 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
infested with Dutch Elm disease or any elm bark bearing materials
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 fatal injury thereto and deliver such specimens to the
Forester 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 Forester and his agents or employees shall have
authority to enter upon private premises at reasonable times for the
purpose of carrying out any of the provisions of this section.
D.
Abatement of nuisances; duty of Forester.
(1)
The Forester shall order, direct, supervise and control
the abatement of public nuisances as defined in this section by spraying,
removal, burning or by other means which he determines to be necessary
to prevent as fully as possible the spread of Dutch Elm disease fungus,
other deleterious tree diseases or the insect pests or vectors known
to carry such diseases.
(2)
Whenever the Forester, 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, other deleterious
tree diseases, or the insects, pests or vectors known to carry such
disease fungus.
(3)
When the Forester shall determine with reasonable
certainty that a public nuisance exists upon private premises, he
shall immediately serve or cause to be served personally or by registered
mail upon the owner of such property, if he can be found, or upon
the occupant thereof, a written notice of the existence of such nuisance
and of a time and place for a hearing, not less than 14 days after
service of such notice, on the abatement action to be taken. Such
notice shall describe the nuisance and recommend 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 hearing to show that such nuisance does not exist or does not
endanger the health of trees in the Village, the Forester 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.
(4)
If, after hearing held pursuant to this Subsection D, it shall be determined by the Village Board that a public nuisance exists, it shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within five days after such hearing, the Forester shall proceed to abate the nuisance and cause the cost thereof to be assessed against the property in accordance with the procedures provided in this section. The Forester may extend the time allowed the property owner for abatement work but not to exceed 10 additional days.
(5)
The
above specified notice procedure does not apply when circumstances
arise which require immediate action to protect the public from imminent
harm, such as sickness, disease, personal injury or property damage.
In determining imminent harm, there shall be a balancing of the rights
of the landowner to the notice and hearing procedures with the right
of the public to be protected from a risk of harm which could be avoided
by prompt action. However, where possible, the landowner should be
given a minimum of 24 hours' written or verbal notice prior to Village
abatement action. In this circumstance, the above subsections shall
otherwise apply except for the notice and hearing procedures.
[Added 4-25-2011]
E.
Spraying.
(1)
Whenever the Forester shall determine that any tree
or part thereof is infected with a deleterious or fatal tree disease
or is in a weakened condition or harbors elm bark beetles, he may
cause all trees within a radius of 1,000 feet therefrom to be sprayed
with an effective disease-destroying concentrate or other insecticide,
following prior authorization by the Village Board.
(2)
In order to facilitate the work and minimize the inconvenience
to the public of any spraying operations conducted under this section,
the Forester 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 24 hours in advance of spraying. When any residue
or concentrate from municipal spraying operations can be expected
to be deposited on any public street, the Forester shall also notify
the Police Department, which 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.
The entire cost of abating any public nuisance or
spraying trees as defined herein shall be charged to and assessed
against the parcel or lot abutting on the street, alley, terrace,
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 shall be borne by the
Village.
B.
The cost of abating a public nuisance or spraying
elm trees or elm wood located on private premises, when done at the
direction and under the supervision of the Forester, shall be assessed
to the property on which such nuisance, tree or wood is located as
follows:
(1)
The Forester shall keep a strict account of the cost
of such work or spraying and the amount chargeable to each lot 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 October 15 of each year.
(2)
Upon receiving the Forester's report, the 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 municipality 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.
(3)
After such 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 adoption and publication
of such resolution, assessments made thereby shall be deemed final.
(4)
The Village Clerk-Treasurer shall mail notice of the
amount of such final assessment to each owner of property assessed
at his last known address, stating that, unless paid within 30 days
of the date of the notice, such assessment will be entered on the
tax roll as a tax against the property, and all proceedings in relation
to the collection, return and sale of property for delinquent real
estate taxes shall apply to such assessment.
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 diseased
or infested tree or wood or part thereof.
A.
Purpose. The Village Board hereby states its determination
that the planting, care and protection of the trees within the Village
are desirable for the purposes of beauty, shade, comfort, noise abatement
and economic betterment and hereby encourages all persons to assist
in a program of tree planting, care and protection.
B.
Tree planting program. The Village Forester shall
recommend to the Village Board a program for tree planting, care and
protection for public parks. The Board shall also encourage the planting,
care and protection of trees and shrubs on private premises within
the Village.
C.
Cottonwood and Box Elder trees prohibited. No person
shall plant within the Village of Orfordville any female tree of the
species Populus Deltoides, commonly called the Cottonwood, or any
tree commonly called the seed-bearing Box Elder Acer Negundo, which
may now or hereafter become infested with Box Elder bugs, and such
trees are hereby declared a nuisance. Any person planting any such
trees on his premises shall cause the same to be removed. If any owner
shall fail to remove any such tree within 30 days after receiving
written notice from the Village Forester, the Village shall cause
the removal of such tree and report the full cost thereof to the Village
Clerk-Treasurer, who shall place such charge upon the next tax roll
as a special charge against the premises.
D.
Planting of certain trees restricted. No person shall
hereafter plant any Catalpa, Chinese Elm, White Poplar, Weeping Willow,
Evergreen, Lombardy Poplar or any fruit or nut tree in or upon any
public street, parkway, terrace or other public place within the Village
of Orfordville unless he shall first secure written permission from
the Village Forester, who shall not approve any such planting if,
in his opinion, said tree will constitute a nuisance to the public
or adjoining property owners or interfere with the safety of the public
or the operation of any sewer or water system. The Village Forester
shall cause the removal of any tree planted in violation of this subsection.
E.
Planting.
(1)
General requirements.
(a)
All new street trees must be selected from a
list of approved trees compiled by the Village Forester. No other
species may be planted without the written approval of the Village
Forester. New trees must be single stemmed with a minimum diameter
of 1 1/4 inches measured at six inches above ground level.
(b)
The tree shall be planted in a well prepared
hole at the same depth as it was originally growing. All trees less
than 12 feet high shall be staked. All trees 12 feet or more in height
shall be supported by guy wires in such a way as not to injure the
bark. The support shall be removed after a year.
(c)
The tree shall be kept well watered and mulched
or cultivated in a two-foot diameter around its base to conserve moisture
and as a protection from lawn mower damage.
(d)
The good health of all trees planted hereunder
shall be guaranteed for one year by the applicant, after which time
such trees shall become the property of the Village.
(2)
Where required, curbs and sidewalks must be installed
prior to street tree planting. Distance between the face of the curb
and the outer edge of the sidewalk must be at least five feet. Trees
must be planted halfway between the sidewalk and curb unless underground
utilities prevent such planting. No tree shall be planted closer than
two feet to the curb.
(3)
Trees may not be planted in the terrace closer than:
(a)
Twenty feet to a utility or streetlighting pole.
(b)
Fifteen feet to a driveway or alley.
(c)
Six feet to a fire hydrant, water stop box or
gas shutoff. If possible, allow more distance than six feet.
(d)
Twenty-five feet to the intersection of two
streets from either corner measured on the property line.
(e)
Twenty-five feet to another tree. (If the other
tree is an elm or other species which is damaged, injured or diseased
and likely to be removed in the future, then a thirty-five-foot distance
to the next nearest healthy tree will prevail.)
(4)
New street trees shall not be planted over an existing
tree stump within two years of removal unless the stump is removed
to a depth of four feet.
(5)
The property owner has the responsibility to locate
underground utilities before digging.
(6)
Evergreen trees shall not be planted in a terrace
area.
F.
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 Village may remove such trees, plants or shrubs and assess the
costs thereof to the owner.
G.
Frames. Any person adjacent to whose land any shade
or ornamental tree or shrub is growing in any street may, for the
purpose of protecting such tree or shrub, surround the same with a
suitable box or frame for protection, but all such work shall be performed
under the supervision and direction of the Village Forester.
A.
Trees and shrubs standing in or upon any boulevard
or public area or upon any private premises adjacent to any public
right-of-way or public area 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 Village Forester may waive the provisions
of this section for newly planted trees if he 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 Village Forester.
C.
Clearance from sidewalk to lower branches shall not
be less than 10 feet. All trees standing upon private property in
the Village, the branches of which extend over the line of the street,
shall be trimmed so that no branch shall grow or hang over the line
of the sidewalk lower than 10 feet above the level of the sidewalk.
No tree shall be permitted to grow in such a manner as to obstruct
the proper diffusion of light from any public lamp.[1]
D.
Trimming or pruning of more than 2/3 of the crown
shall be considered to be a major alteration and shall require authorization
from the Village Forester.
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 Village 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 or driveway approach to a street in the Village.
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 Village Forester may order,
by written notice, the owner or occupant of any private place or premises
on which there stands a tree or shrub which unreasonably interferes
with or encroaches upon the street or sidewalk to take such steps
as are necessary to remove such interference. If such owner or occupant
fails, within 10 days of receipt of notice, to take such necessary
steps, the Village Forester and/or other Village employees shall order
the Village employees to remove the interference. The cost of removing
the interference shall be levied and collected as a special tax upon
the property upon which or in front of which such tree or shrub stands.
A.
Damage to public trees. No person shall, without the
consent of the owner in the case of a private tree or shrub or without
written permit from the Village Forester in the case of a terrace
area tree, public tree or shrub, perform or cause to be performed
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 Village may tie temporary 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.
Excavations. 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 Village Forester.
C.
Interference with Forester. No person shall:
(1)
Interfere with or prevent any acts of the Forester
or his agents or employees while they are engaged in the performance
of duties imposed by this chapter.
(2)
Refuse to permit the Forester or his duly authorized
representative to enter upon his premises at reasonable times to exercise
the duties imposed by this chapter.
D.
Refusal to abate nuisance. No person shall permit
any public nuisance to remain on any premises owned or controlled
by him when ordered by the Forester to abate such nuisance.
Any person who receives a determination or order under this chapter from the Village Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter 5, Administrative Determinations Review, of this Code and Ch. 68, Wis. Stats., to the Village Board within seven days of receipt of the order, and the Village Board shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the Village Board may reverse, affirm or modify the order or determination appealed from, and the grounds for its decision shall be stated in writing. The Village Board shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Board shall file its written decision with the Village Clerk-Treasurer.
Sections 27.09 and 86.03, Wis. Stats., are hereby
adopted and incorporated herein by reference.
