§ 90-24. Abatement of nuisances.

(a)

If the village forester, upon inspection and examination, determines that any public nuisance exists in or upon any public street, alley, park or other public place including the terrace strip between curb and lot line within the village and that the danger to other trees within the village is imminent, he shall immediately cause it to be removed and burned or otherwise abate the same in such manner as to destroy or prevent as fully as possible the spread of Dutch elm disease or the insect pests or vectors known to carry such disease fungus.

(b)

If the village forester determines with reasonable certainty that any public nuisance exists in or upon private premises and that the danger to other elm trees within the village is imminent, he shall immediately serve upon the owner of such property, if he can be found, or upon the occupant of such property, a written notice to abate such nuisance within five days of the service of such notice. If such owner or occupant does not abate such nuisance within the time limited, the village forester shall cause the nuisance to be abated. No damage shall be awarded to the owner for destruction of any elm tree, elm wood or any part thereof pursuant to this division.

(c)

If the village forester is unable to determine with reasonable certainty whether or not a tree in or upon private premises is infected with Dutch elm disease, he shall forward specimens from such tree for diagnosis and report to the state department of agriculture at Madison, Wisconsin, and shall proceed as provided in subsection (b) of this section upon receipt of a positive report from the department.

(d)

In all cases where the village forester shall determine upon inspection that any public nuisance exists in or upon any public or private premises, but that the danger to other elm trees within the village is not imminent because of elm dormancy, he shall make a written report of his findings to the village board who shall proceed as provided in Wis. Stats. § 27.09.

(Code 1991, § 10.05(4))

Cross reference

Nuisances, ch. 62.