[HISTORY: Adopted by the Common Council of the City of Waterloo 10-19-1987 by Ord. No. 87-6 as §§ 8.14 and 8.20 of the 1987 Code. Amendments noted where applicable.]
[Amended 2-15-2007 by Ord. No. 2007-03]
The Public Works and Property Committee shall, subject to the supervision and control of the Council, and except as herein provided, have jurisdiction and direction over all trees planted and growing in and upon City-owned property; that part of every street, the grade of which has been established, lying between the lot line and the curb; and trees on any property which may in any way have effect upon public property and upon the public welfare of the City, and for the planting, care, maintenance, protection and removal thereof. The Committee may make such rules and regulations as it may deem advisable for carrying out the purpose of this chapter.
[Amended 2-15-2007 by Ord. No. 2007-03]
A. 
Trees standing in and upon any public street or place, or upon any lot or land adjacent thereto, and having branches projecting into the public street or place shall, under the supervision of the Committee, be kept trimmed by the owner or owners or occupants of the property on or in front of which such trees are growing so that the lowest branches projecting over the public street or alley will provide a clearance of not less than 14 feet and over all other places not less than nine feet from the ground. This provision shall not apply to newly planted trees, provided that they do not interfere with persons upon the public street or place or obstruct the light of any streetlight. Any tree or trees not trimmed, as herein provided, shall be deemed hazardous.
B. 
Wood disposal. Any wood from trees growing on City property, including tree lawns, which are designated by the City Forester to be cut and removed, shall be the property of the City and shall be disposed of appropriately or stacked and stored for the purpose of resale to the highest bidder.
[Added 12-17-2020 by Ord. No. 2020-06]
A. 
Permit required. No trees, except the types recommended by the Committee, shall be planted in or upon any public street or place. Trees shall be planted only after a written permit has been received from the Committee, which permit shall state the name of the applicant, his address, the property on which the trees are to be planted, and the type to be planted. The trees shall be planted in such manner that they shall be equidistant between the curbline and the sidewalk. The distance between the trees shall not be less than 35 feet.
B. 
Trees on newly opened streets. On newly opened streets, the Tree Committee shall have the authority to designate the types of trees and the manner in which they shall be planted and such other shrubs and bushes as the Committee shall approve.
C. 
Trees planted in the public right-of-way shall be planted no closer than 40 feet to the nearest intersection or 10 feet to any driveway opening, buried cable or other utility. No permit will be issued if the tree lawn, defined as the public right-of-way between a public street and a public sidewalk, is less than six feet wide. Similarly, no permit will be issued for the planting of a tree beneath utility lines.
[Added 2-20-2014 by Ord. No. 2014-02]
A. 
All dead, hazardous and infected trees in the public right-of-way will be removed by the City at the expense of the City. All other trees in the public right-of-way shall be removed at the expense of the owner of the abutting property. If trees are removed by the owner of the abutting property, he shall cause all stumps to be removed and the area cleaned of all branches, leaves and other debris. If such is not done in a manner satisfactory to the Tree Committee, the Committee may order the Director of Public Works to do so and may charge the expense to the abutting property, pursuant to § 66.0627, Wis. Stats.
B. 
If a tree is removed from a tree lawn less than six feet wide, a tree will be provided by the City at 50% of the municipal cost to property owners and will be planted on the property owner's front lawn, providing that the Public Works Director determines that the property has sufficient front yard space to accommodate a tree. All municipally provided trees shall become the full responsibility of the property owner.
[Added 2-20-2014 by Ord. No. 2014-02]
[1]
Editor's Note: Former § 322-5, Trespass on private land, was repealed 2-1-2024 by Ord. No. 2024-05.
The penalty for violation of any provision of this chapter shall be a penalty as provided in Chapter 1, § 1-4 of this Code. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.
[Added 2-1-2024 by Ord. No. 2024-05]
The City Forester or his/her designee shall investigate any tree, shrub, plant or plant part that is suspected to be a public nuisance. Upon the discovery of any tree, shrub or plant 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, the City Forester shall at once cause written notice to be served upon the owner of the property upon which such hazardous, diseased or infested tree, shrub or plant is situated, and the notice shall require such property owner to: 1) submit to the City of Waterloo an agreement with a tree removal company to eradicate, remove or otherwise control such condition within 30 days of specified notice; or 2) have the dead, diseased or hazardous tree, shrub or plant removed within 90 days of submitted bid to the City. Violation of this section shall be subject to the penalties set forth in § 332-6. The provisions of § 332-4 shall apply in addition to the penalties set forth in § 332-6.