§ 90-46. Authority over trees on private property.

(a)

Policy and procedures. It is hereby declared to be the policy of the village to regulate or control all trees, shrubs, or other like obstructions growing or to be planted in or upon any private premises which shall threaten the lives, health, safety, and welfare of the public or of the property owned or controlled by the village. Pursuant to Wis. Stats. §§ 27.09(3) and 27.13, the village board may guard all trees within the village so as to prevent the spread of disease or pests and/or to eliminate dangerous conditions. The village shall follow the procedures set forth as follows:

(1)

Whenever the board proposes the setting out, planting or removing of any such living shade tree, it shall give two weeks' written notice to the owner of the lot or parcel of land on which such tree stands or will stand, or the owner's agent, or, if neither is known and there be a tenant occupying said property, then to such tenant, of a time and place at which the village forester will consider arguments regarding the contemplated work. Said notice shall specify, in detail, the street, avenue or boulevard and portion thereof, upon or from which trees are proposed to be planted or removed, and the general nature and character of the changes and improvements contemplated. After such meeting, the village forester, subject to the direction of the board shall abandon said work or proceed with it as the village forester believes the best interest of the public requires.

(2)

The entire or any part of the cost of protecting, trimming, spraying, planting, renewing and removal of trees and shrubs projecting over the lot line and/or the curb in front of any lot or parcel of land abutting on a street, avenue or boulevard may be chargeable to and assessed upon such lot or parcels of land. The village board shall hold a public hearing on the proposed special assessment, and shall give notice thereof in such city or village, by publishing a class 2 notice, under Wis. Stats. ch. 985.

(3)

The village forester shall keep a strict account of the costs of protecting,, removing, trimming, spraying and caring for trees and shrubs in front of each lot or parcel of land abutting on any street, avenue, or boulevard, and prior to November 10 in each year, shall make a report to village board of all work done for which assessments have been made as hereinbefore provided stating and certifying the description of land, lots, parts of lots or parcels of land abutting on a street, avenue or boulevard in which any such work shall have been done, and the amount chargeable to each such piece of property; and the village finance director at the time of making the annual report to the village board of the lots or parcels of land subject to special assessments shall include therein the lots or parcels of land so reported to the finance director by the village forester with the amount chargeable thereto for work done during the preceding year.

(b)

Delay or interference. No person shall delay or interfere with the village board or any of the village employees following lawful directions of the board in compliance with orders heretofore stated.

(c)

Authority to enter private premises. The village forester shall have the authority to enter upon private premises after notifying the land owner for the purpose of making inspections. In the event the village forester is denied access to any premises, the village forester may apply to the municipal court or circuit court for a special inspection warrant with the assistance of the village attorney.

(d)

Transporting of infected wood. It shall be unlawful for any person to carry or transport into the village any trees, logs, or branches that the person knows or has reason to know are affected by any communicable disease or insect, which may affect trees. Any such material brought in the village shall be disposed of by the parties responsible for bringing the diseased or infected trees, logs, or branches into the village in the manner and in a location designated by the director of public works or village forester.

(Ord. No. 696-04, § 1, 10-25-2004)