Chapter 172

TREES

[HISTORY: Adopted by the Village Board of the Village of Holmen as indicated in article histories. Amendments noted where applicable.]  

GENERAL REFERENCES

 Special assessments — See Ch. 18.

 Streets and sidewalks — See Ch. 159.

  

ARTICLE I

Oak Wilt and Dutch Elm Disease

[Adopted 10-5-1978]

§ 172-1.  Intent and purpose; public nuisances declared.

Whereas the Board of Trustees has determined that there are many elm trees and oak trees growing on public and private premises within the Village of Holmen, 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 is threatened by a fatal disease known as Dutch elm disease and oak wilt, which is spread by elm bark beetles and oak wilt beetles, the 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 declares Dutch elm disease and oak wilt and the insects which carry such disease to be public nuisances. 

§ 172-2.  Enforcement by Board of Public Works.

The Board of Public Works shall carry out the provisions of this article. It may employ a forester or designate a municipal employee to perform the duties of forester under Ch. 27 of the Wisconsin Statutes and may authorize such forester to perform the duties and exercise the powers imposed on the Board by this article. 

§ 172-3.  Definitions.

As used in this article, unless otherwise clearly indicated by the context, the following terms shall have the meanings indicated: 

PERSON — Person, firm or corporation.  

PUBLIC NUISANCE  

A.     Dutch elm disease or oak wilt disease.  

B.      Elm bark beetles or oak wilt beetles.  

C.     Any living or standing elm tree or oak tree or part thereof infected with the Dutch elm disease or oak wilt fungus or in a weakened condition which harbors any of the elm bark or oak wilt beetles.  

D.     Any dead elm tree or oak tree or part thereof, or any logs, branches, stumps, firewood or other elm or oak material from which the bark has not been removed and burned or sprayed with an effective elm bark or oak bark beetle destroying concentrate.    

PUBLIC PROPERTY — 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.  

§ 172-4.  Inspection. 

A.     The Village Board of Public Works shall inspect or cause to be inspected at least twice each year all premises and places within the village to determine whether any public nuisance exists thereon. It shall also inspect or cause the inspection of any elm tree or oak tree reported or suspected to be infected with Dutch elm disease or oak wilt or any bark bearing material reported or suspected to be infested with elm bark beetles or oak wilt beetles. 

B.      Whenever necessary to determine the existence of Dutch elm disease or elm bark beetles or oak wilt disease in any tree, the person 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 Board, which shall forward them to the Wisconsin Department of Agriculture at Madison for analysis to determine the presence of such nuisances. 

C.     The Board and its 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 article.   

§ 172-5.  Abatement of nuisances; duty of Board of Public Works. 

A.     The Board of Public Works shall order, direct, supervise and control the abatement of public nuisances as defined in this article by spraying, removal, burning or by other means which it determines to be necessary to prevent as fully as possible the spread of Dutch elm disease or oak wilt fungus or the insect pests or vectors known to carry such disease fungus. 

B.      Whenever the Board of Public Works after inspection or examination shall determine that a public nuisance as herein defined exists on public property in the village, it 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 or oak wilt disease or the insect or vectors known to carry such disease fungus. 

C.     When the Board of Public Works shall determine with reasonable certainty that a public nuisance exists upon private premises (or upon the terrace strip between the lot line and the curb), it shall immediately serve or cause to be served personally or by registered mail upon the owner of such property (or the abutting 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 recommended 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 elm or oak trees in the village, the Board of Public Works shall cause the abatement thereof at the expense of the property served (or abutting property). If the owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the village. 

D.     If, after hearing held pursuant to this section, it shall be determined by the Board of Public Works that a public nuisance exists, it shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within 24 hours after such hearing, the Board of Public Works 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 article. The Board may extend the time allowed the property owner for abatement work but not to exceed 10 additional days.   

§ 172-6.  Spraying. 

A.     Whenever the Board shall determine that any elm tree or oak tree or part thereof is infected with Dutch elm disease fungus or oak wilt fungus or is in a weakened condition and harbors elm bark beetles or oak wilt beetles, it may cause all elm trees within a one-thousand-foot radius thereof to be sprayed with an effective elm bark or oak wilt beetle destroying concentrate. 

B.      In order to facilitate the work and minimize the inconvenience to the public of any spraying operations conducted under this article, the Board 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 Board 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. 

C.     When appropriate warning notices and temporary "no parking" notices have been given and posted in accordance with Subsection B of this section, the village shall not allow any claim for damages to any vehicle caused by such spraying operations. 

D.     When trees on private property are to be sprayed, the Board shall notify the owner of such property and proceed in accordance with the requirements of Subsection C of § 172-5 of this article.   

§ 172-7.  Cost of tree care; special assessments. 

A.     The cost of abatement of a public nuisance or spraying elm trees or elm wood or oak trees or oak wood at the direction of the Board of Public Works if the nuisance, tree or wood is located on public property, shall be borne by the village (except that the cost of abating a public nuisance or spraying elm trees or oak trees or elm wood or oak wood located on the terrace strip between the lot line and the curb shall be assessed to the abutting property as hereinafter provided). 

B.      The cost of abating a public nuisance or spraying elm trees or oak trees, elm wood or oak wood located on private premises when done at the direction and under the supervision of the Board shall be assessed to the property on which such nuisance, tree or wood is located as follows: 

(1)    The Board 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 Board'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 the hearing, the 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 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 shall bear interest at the rate of 6% per annum and will be entered on the tax roll as a delinquent 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. 

(5)    The village hereby declares that in making assessments under this article, it is acting under its police power, and no damages shall be awarded to any owner for the destruction of any diseased or infested elm tree or oak tree, or elm or oak wood or part thereof.     

§ 172-8.  Prohibited acts; violations and penalties.

Any person who does any of the following acts within the Village of Holmen shall upon conviction thereof forfeit not less than $10 nor more than $100 together with the costs of prosecution, and in default of payment thereof shall be imprisoned in the county jail until such costs and forfeiture are paid, but not exceeding 60 days: 

A.     Transports any bark bearing elm wood, oak wood, bark or material on public streets or highways or other public premises without first securing the written permission of the Board of Public Works; 

B.      Interferes with or prevents any acts of the Board of Public Works or its agents or employees while they are engaged in the performance of duties imposed by this article; 

C.     Refuses to permit the Board of Public Works or its duly authorized representative to enter upon his premises at reasonable times to exercise the duties imposed by this article; 

D.     Permits any public nuisance to remain on any premises owned or controlled by him when ordered by the Board of Public Works to abate such nuisance.    

ARTICLE II

Street Trees

[Adopted 6-10-1999]

§ 172-9.  Purpose.

The Village Board hereby states its determination that the planting, care and protection of the trees within the village is desirable for the purpose 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. 

§ 172-10.  Administration and permit.

The Village Clerk in cooperation with the Director of Public Works and Director of Parks and Recreation shall superintend and regulate the planting, care and removal of all trees and shrubs on all boulevards and in any other public place in the village in accordance with this section. No person shall plant any tree or shrub in any boulevard or other public place in the village without first having obtained a permit (at no cost to the owner) therefor from the Village Clerk. 

§ 172-11.  Trees in boulevards.

All planting, removal, maintenance and trimming of trees in the boulevards shall be the responsibility of the individual property owners. 

§ 172-12.  Tree sizes.

The Village Clerk shall prepare and maintain a list of tree species allowable for planting in the boulevards. Trees planted under any overhead electrical wires shall not reach a maximum mature height of greater than 18 feet. 

§ 172-13.  Planting size.

All trees with a mature height greater than 30 feet, when planted, shall be at least eight feet high and have a minimum trunk diameter of 11/4 inches at a point six inches above ground. All small trees, when planted, shall be at least six feet high and have five or more branches. 

§ 172-14.  Location.

Trees shall be planted in the middle of the boulevards. In the event there is no sidewalk, the boulevard shall be the area between the curb and the inner side of a future sidewalk. Trees shall be planted at least 30 feet from street intersections. Trees shall be planted at least 15 feet from driveways. Trees shall also be planted at least 15 feet from curb box/water shutoffs. Trees shall be spaced a minimum of 30 feet apart. No trees shall be planted in a boulevard less than six feet in width. 

§ 172-15.  Evergreens and shrubs.

The planting of shrubs or evergreens shall not be permitted in the boulevard. 

§ 172-16.  Interference with sidewalk construction.

Trees that interfere with the construction of a full width sidewalk shall be removed at the time of the sidewalk construction. 

§ 172-17.  Hazardous and infected trees.

Any tree or part thereof, whether alive or dead, which the Village Clerk or his/her designee shall find to be infected, hazardous or a nuisance so as to endanger the public or other trees, plants or shrubs growing within the village, or to be injurious to sewer, sidewalks or other public or private premises shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The Village Clerk shall give written notice to said owners to remedy the situation. Such notice shall specifically state the period of time within which the action must be taken which shall generally be before 14 days, as determined by the Clerk on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limited, the Clerk shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof and enter such cost as a special charge against the property, as provided in WI Statute 66.60(16). 

§ 172-18.  Exceptions.

Any person seeking an exception to this article may apply to the Village Board on an application form provided by the Village Clerk. The Public Works Committee shall first review the application. All exceptions require approval by the Village Board. 

§ 172-19.  Unlawfully planted trees.

Trees, plants or shrubs planted within any boulevard without the authorization and approval of the Village Clerk may be removed. The Clerk 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 accomplished within the time specified, the village may remove such tree or shrubs and assess the costs thereof to the owner as provided under WI Statute 66.60(16).