32.06 PUBLIC NUISANCES, DECLARATION AND ABATEMENT.

(1)    DECLARATION. The City Forester shall have the right to declare as a public nuisance any tree or shrub or part thereof, including firewood and other plant material, existing anywhere in the City which is:

(a)    Interfering with the use of any public area;

(b)    Infected with a plant disease;

(c)    Infested with insects; or

(d)     Endangering the life, health or safety of other trees/shrubs, persons or property.

(2)    LIST OF NUISANCE TREES AND SHRUBS. City Forester shall maintain and make available to the public a list of nuisance trees and shrubs as established by the Tree Advisory Board.

(3)    ABATEMENT OF NUISANCES.

(a)    Public Areas. All trees, shrubs or parts thereof on public property shall be subject to treatment and/or removal when it is determined by the City Forester or his/her designee that the trees or shrubs constitute an immediate or future health or safety hazard or when they have become unsightly, infested, diseased or dead. The City Forester or his/her designee shall have the discretion to determine the most appropriate course of action to prevent or treat such conditions.

(b)    Private Premises. No person shall permit any nuisance tree or shrub as determined under Sections 32.03(2)(f), this section, or Chapter 17 to remain on any premises owned or controlled by such person within the City. Upon determination by the City Forester that any nuisance tree or shrub exists on any private premises, he/she shall order the owner, as his or her name appears on the assessment roll of the City, in writing to treat, remove or otherwise control such tree or shrub in such manner as will abate the nuisance. Within notice time as specified in the order, which shall not be less than thirty (30) days unless the City Forester determines that immediate action is necessary for public safety, the owner shall cause treatment, removal or control of the nuisance tree or shrub as directed in the order. If the owner shall refuse or neglect to comply with the terms of the order within the time specified, or does not appeal the nuisance determination to the Tree Advisory Board, the City Forester shall cause the public nuisance to be abated and shall then notify the owner in writing of the expense of abatement and that the owner may appeal the abatement cost to the Tree Advisory Board if the owner is desirous of contesting the abatement charge, and that the charge will be entered on the tax roll against the parcel of real estate on which the tree or shrub was located if the same is not contested. In the event the charge is contested, the Board shall finally determine the amount thereof which shall be paid within ten (10) days following such determination or, if not so paid, shall be entered in the tax roll against said property.

No damage shall be awarded to the owner for the destruction of any tree, wood, or any part thereof pursuant to this section.

(c)    Stump Removal. The property owner shall treat, remove, or cause to be removed the tree stump of a nuisance tree that may endanger the health of other trees.

(d)    Determination. If the City Forester is unable to determine with reasonable certainty that a tree in or upon private premises is a nuisance, the City Forester shall notify the Wisconsin Department of Agriculture at Madison, Wisconsin, and shall proceed as provided in subsection (3)(b) upon receipt of a positive report from the Department.

(e)    Special Charge for Costs of Abatement and Treatment.

1.    The City Forester shall keep strict account of the costs of work done under this section and shall report to the City Clerk all work done for which a special charge is to be made, stating and certifying the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each lot or parcel and such amounts shall be levied as a special charge against said parcels or lots in the same manner as other special taxes. (Ord. 19-06)