§ 34-141. Nuisance trees.

(a)

Hazardous, nuisance and/or infected trees. Any tree or part thereof, which the village forester 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 sewers, sidewalks or other public improvements, whether growing upon public or private premises, is hereby declared to be a public nuisance. Due to age, species, condition or location, a tree may be determined to be a public nuisance. Trees that have rotten or decaying branches that overhang public places may also be a public nuisance. In addition, certain diseases and pests are also determined to be a nuisance, including the following:

(1)

Female cottonwood trees. The village board declares that the female cottonwood, due to its shedding of cotton-like seed is a public nuisance. No person shall plant or maintain within the village any female tree of the species Populus deltoides, commonly called the cottonwood, that sheds its cotton-like seeds into adjacent properties so as to create a public nuisance. The trees shedding of cotton like seeds however can be controlled. Therefore, in the event of complaints by adjacent property owners that there is a shedding of the "cotton-like" seeds from a specific female cottonwood tree, the village forester may permit a property owner to continue to maintain a female cottonwood on the property if the property owner enters into a written agreement with the village in which the property owner agrees to have the female cottonwood treated by an arborist such that the tree significantly reduces the amount of seed (cotton) each year. The agreement shall require the property owner shall to be responsible for the cost of treatment. If the property owner does not treat the tree as required then such tree shall be removed if so directed by the village forester.

(2)

Box elder trees are any tree commonly called the seed-bearing box elder or Acer negundo, which may now or hereafter become infested with box elder bugs. Such trees are hereby declared a nuisance. Any person having any such trees on his premises shall cause the same to be removed if so directed by the village forester.

(3)

Dutch elm disease. The health and life of elm trees is threatened by a fatal disease known as "Dutch elm disease," which is spread by the elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh). It is the Village of Mukwonago's intention to control and prevent the spread of Dutch elm disease and the vectors that carry such disease. Such infected trees are hereby declared to be a public nuisance. Any person having any such trees on his premises shall cause the same to be removed if so directed by the village forester.

(4)

Oak wilt disease is a fatal disease spread by Nitidulid beetles. It is the Village of Mukwonago's intention to control and prevent the spread of oak wilt disease and the insect pests and vectors that carry such disease. The village board declares that oak wilt disease and Nitidulid beetles that carry such disease a public nuisances. Any person having any such trees on his premises shall cause the same to be removed if so directed by the village forester.

(5)

Emerald ash borer is an extremely aggressive exotic insect which, as of the time that this ordinance is being adopted, is only recently affecting trees within the village limits. The most current eradication or management methods shall be as prescribed by federal and state agencies. It is the Village of Mukwonago's intention to control and prevent the spread of the emerald ash borer. The village board declares that trees infected with the emerald ash borer and trees susceptible to the emerald ash borer are public nuisances. Any person having any such trees on his premises shall cause the same to be removed if so directed by the village forester.

(b)

Abatement of nuisances; duty of forester.

(1)

Whenever the forester, after inspection, reasonably determines that a public nuisance, as herein defined, exists on public property in the village, the forester shall abate or cause the abatement of such nuisance in such manner as to destroy or prevent as fully as possible the public nuisance and any vectors or pests which would create or continue the public nuisance.

(2)

When the forester reasonably determines that a public nuisance exists upon private premises, the forester shall immediately serve or cause to be served, personally or by registered mail, an abatement notice. The abatement notice shall be served on the owner of such property, if the owner can be found, or otherwise upon the occupant thereof. If the owner or occupant cannot be found, such notice shall be given by publication in a newspaper of general circulation in the village. The abatement notice shall be in writing and shall:

a.

Describe the nuisance and recommended procedures for its abatement;

b.

State that the owner shall abate the nuisance, at the owner's expense, within 14 days of the date of the notice unless, within ten days of the date of the notice, the property owner requests a hearing before the director of public works to show that such nuisance does not exist or does not endanger the health of other trees, life or property in the village; and

c.

Establish a time and place for a hearing before the director of public works, not less than 14 days after service of such notice, on the abatement action to be taken.

(3)

If the director of public works determines that a public nuisance exists following a hearing under this section, the property owner shall abate the nuisance as directed within ten days after such hearing. The forester may extend the time allowed the property owner for abatement work for not more than ten additional days.

(4)

If abatement does not occur in the time allotted, the forester shall proceed to abate the nuisance by means of a court order with the assistance of the village attorney.

(5)

Any person violating this chapter shall, in addition to performing abatement, be subject to a forfeiture of $500.00 per violation together with any expenses which the village may incur in enforcing any of the terms or provisions of this section or enjoining any violations of this section. Each day of each violation of this section shall be considered a separate violation.

(c)

Spraying or other treatment.

(1)

Whenever the forester shall determine that any tree or part thereof is infected or is in a weakened condition and harbors a vector or a pest that creates a public nuisance, the forester may spray or otherwise effectively treat the tree and if appropriate other trees within a one-thousand-foot radius of the infected tree.

(2)

In order to facilitate the work and minimize the inconvenience to the public of any spraying operation conducted under this chapter, the forester shall give advance public notice of such operation by public media, public service announcements or other effective means and shall post 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 is likely to be deposited on any public street, the forester 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.

(3)

When warning notices and temporary "no parking" notices have been given and posted in accordance with section 34-141(c)(2), the village shall disallow any claim for damages to any vehicle caused by such spraying operations.

(4)

When trees on private property are to be sprayed, the forester shall notify the owner or occupant of such property and proceed in accordance with the requirements of section 34-141(b).

(Ord. No. 885, § I(Att.), 10-21-14)