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City of South Milwaukee  NOTE: The information listed below may not be accurate and up-to-date. The information is accurate as of the date listed at the bottom of the page; however, ordinances adopted after that date may have changed or eliminated a section of the code. Please contact the City Clerk's office to verify the accuracy of the text contained below. You can e-mail the Clerk by selecting the mailbox in the lower-left corner of this page. |
9.01
Introduction and Purpose
9.02
Dutch Elm Disease Control - Public and Private Property
9.03
Regulation of the Treatment and Removal of Trees
9.04
Noxious Weeds
9.05
Weed Commissioner
9.06
Duties - Power - Collection
9.07 REPEALED
9.08 RENUMBERED
TO 23.203(h)
9.09
Planting Trees and Shrubs on the Public Right-of-Way
9.10
Control of Overhanging Trees
9.01 INTRODUCTION AND PURPOSE. In order to promote the public health, safety, and general welfare, to further the conservation and development of trees, shrubs and grass within the City of South Milwaukee, it shall be the purpose of this ordinance to regulate and control the planting of trees, shrubs and grass, the elimination of diseased trees and noxious weeds, and the control of non-noxious weeds and grass. Cr. 06/20/67, 822
9.02 DUTCH ELM
DISEASE CONTROL - PUBLIC AND PRIVATE PROPERTY. Cr. 06/20/67, 822
(a) It shall be the duty
of every owner, occupant, or agent thereof of any parcel of land within
the limits of the City of South Milwaukee to destroy, or permit to be destroyed,
trees infected with Dutch Elm Disease found thereon.
(b) It shall be the duty of every person who owns, occupies, or controls a parcel of land which abuts public rights-of-way, including streets, alleys, parkways or sidewalks, to destroy trees affected by Dutch Elm Disease found thereon.
(c) The City Engineer or his representative shall have the right to enter on private property for the purpose of inspecting and extracting samples from elm trees suspected of the Dutch Elm Disease infection and shall also forthwith cause written notice to be given to such owner, occupant or agent thereof that, in the event there is confirmation of such infection obtained from the Wisconsin Department of Agriculture Laboratory, said owner, occupant or agent will be required to remove such infected tree at his own expense. If the City Engineer received such confirmation, he shall immediately send a second written notice of such owner, occupant, or agent of such lot or parcel of land, including the sidewalk, parkway, street or alley upon which said premises abut, advising of such confirmation and ordering him to remove such tree at his own expense within seven days following receipt of the second notice.
(d) The City Engineer is herewith empowered, after the expiration of such notice and noncompliance therewith, to make entry upon such land to destroy and cut down such diseased tree. He shall keep an account of the expense of such destruction, cutting and removal of such tree, and shall make a report of the same to the City Clerk who shall enter the amount therein charged to each lot or parcel of land in the next and subsequent tax roll as a special tax against such lot or parcel of land, and the same shall be collected in all respects like other city taxes upon real estate.
(e) If an owner, occupant, or agent thereof shall receive notice from the Wisconsin Department of Agriculture Laboratory as specified in subsection (c) hereof, he may immediately petition the City Engineer to postpone the destruction and cutting of such diseased tree. If the City Engineer determines that the condition of the tree could be maintained and would not deteriorate further, he may grant said owner, occupant or agent thereof an extension for a period of one year for destruction of said tree. After expiration of said one-year period, the City Engineer shall re-examine said diseased tree and make a re-evaluation thereof. In the event the City Engineer shall grant an extension, the owner, occupant or agent thereof shall in fact take the necessary steps to arrest the disease and shall produce evidence thereof to the City Engineer upon his request.
(f) If an owner, occupant, or agent thereof takes the necessary steps to comply with an order to destroy and cut down a diseased tree, he shall further reduce said tree into logs not exceeding five feet in length, and he shall notify the Street Superintendent, requesting that the City of South Milwaukee take the necessary action to remove said logs and debris.
(g) Written notice shall also be given to the owner or occupants of private property wherein are stored in any building thereon located or on the lot on which the same are situated or unmarked elm logs or branches to forthwith cause the same to be hauled away and burned, or failing to do so, within seven days after the receipt of such written notice, the City Engineer or his representative is hereby authorized to remove and burn the same, assessing the cost thereof against the owner of the premises in accordance with the provisions of subsection (d) hereof.
(h) No person, firm or corporation shall keep, store, sell, offer for sale, give away, or transport into the City of South Milwaukee any elm logs or branches or stumps which are not debarked.
(i) Any person violating subsections
(f), (g), and (h) hereof shall, upon conviction thereof, forfeit not more
than $50.00 together with the costs of prosecution and in default of payment
thereof shall be imprisoned in the County Jail or House of Correction until
such forfeiture and costs are paid but not to exceed 30 days.
9.03 REGULATION
OF THE TREATMENT AND REMOVAL OF DISEASED, INFECTED OR INFESTED TREES,
VINES, HEDGES, PLANTS, LOGS AND BRANCHES. Cr. 03/14/68, 843
(a) It shall be the duty
of the City Engineer or his representative to inspect all trees, vines,
hedges, plants, logs and branches within the City of South Milwaukee to
determine whether any disease, infection or infestation exists. He
shall have the right to enter upon private property to make such inspection.
If any tree, vine, hedge, plant, log or branch is found dead, diseased,
infected or infested on said premises including the sidewalk, parkway,
street and alley upon which said premises abut, the City Engineer shall
give written notice to the owner, agent or occupant of such premises of
such condition and direct that such owner, agent or occupant eliminate
such condition by treating said tree, vine, hedge, plant, log or branch,
or by destruction thereof within seven days of receipt of said notice.
In the event that such owner, agent or occupant shall fail to comply with
the specified time, the City Engineer may enter upon such premises and
cause the removal of such condition.
(b) Accurate records of all expenses
incurred in such removal and destruction shall be made a report thereof
presented to the City Clerk who shall enter the amount against the respective
real estate in the next and subsequent tax roll as a special tax against
such real estate, and the same shall be collected in all respects like
any other city taxes upon real estate.
9.04 NOXIOUS WEEDS.
Cr. 03/14/68, 843
(a) The term "noxious weeds" as
used herein shall include the following: Canada thistle, leafy spurge
and field bindweed (creeping Jenny) and any other such weeds as shall be
determined by ordinance or resolution to be noxious.
(b) Every person shall destroy all noxious weeds on all lands which he shall own, occupy or control including the parkway upon which lands abut.
(c) The term "destroy" means the complete killing of weeds or killing of weed plants above the surface by the use of chemicals or cutting at such time and in such manner as will effectually prevent such plants from maturing to the bloom or flower stage.
(d) The Mayor shall annually, on
or before May 15th, publish a Class II notice under Chapter 985, Wisconsin
Statutes, that every person is required by law to destroy all noxious weeds
as defined herein on lands in the city which he owns, occupies or controls,
including parkways upon which lands abut.
9.05 WEED COMMISSIONER.
The Mayor shall appoint a Weed Commissioner of noxious weeds and shall
report the name of such appointee to the State Department of Agriculture
on or before the 15th of May in each year; such Weed Commissioner shall
take the official oath which oath shall be filed in the Office of
the City Clerk and shall hold office for one year and until his successor
has qualified. Between the first and fifteenth day of September in
each year, the Mayor shall report to the department whether or not the
Commissioner of Weeds appointed by him faithfully performed his duties.
Cr. 03/14/68, 843
9.06 DUTIES - POWERS - COLLECTION OF TAX. The Weed Commissioner shall carefully investigate the existence of noxious weeds within the city, and if any person therein shall neglect to destroy any noxious weeds as required by Section 9.04, he shall, after first giving five days written notice by mail to the owner, occupant, or agent, destroy or cause all such weeds to be destroyed, and may devote as many days to doing so as the Mayor shall direct, and he shall make an accounting of the cost incurred, verified by his oath and approved by the Mayor. Such account shall specify by separate items the amount chargeable to each piece of land, describing the same, and shall be filed with the City Clerk who shall enter the amount chargeable to each tract of land in the next tax roll in a column headed "For the Destruction of Weeds" as a tax on the lands upon which such weeds are destroyed, which tax shall be collected as other taxes are. The Weed Commissioner may, after written notice given as herein provided, enter upon any lands upon which any of the weeds mentioned in Section 9.04 are growing, and cut or otherwise destroy them, without being liable to an action for trespassing or any other action for damages resulting from such entry and destruction if reasonable care is exercised in the performance of the duty hereby imposed. Cr. 03/14/68, 843
9.09 PLANTING
TREES AND SHRUBS ON PUBLIC RIGHTS-OF-WAY.
Cr. 03/15/68, 843; Am. 06/17/75, 1012
(a) The location and spacing of trees shall conform to the master street plan of the City of South Milwaukee.
(b) No other trees shall be planted other than the following species and forms: Linden; Hackberry; Pin Oak; Columnar Maple; Schwendler Maple; Sugar Maple; Marshall Seedless Green Ash; Thornless Honey Locust; Sycamore; Hawthorne; Crab Apple; and Russian Olive, or such other species found to have similar characteristics to any of the above by the City Engineer. At the time of planting, trees shall be at least 1-1/4 inches in diameter at a point 6 inches above the ground. Am. 12/15/98, 1721
(c) If any tree or shrub is planted contrary to Section 9.09 (a) or (b), the City Engineer shall cause a written notice to be sent to the owner, agent or occupant of the premises abutting the public right-of-way ordering removal or relocation of said tree. If the owner, agent or occupant fails to comply with the direction of the City Engineer within 30 days of receipt thereof, the City Engineer shall cause the removal or relocation, at his discretion, to insure conformance with the provisions of this ordinance. Am. 12/15/98, 1721
9.10 CONTROL OF
OVERHANGING TREES. Cr. 03/05/68, 843
(a) No owner of any land or premises
in front or on which trees grow with branches hanging over the sidewalks
shall permit any part or portion of such tree to hang over any sidewalks,
street or alley in this city at a height of less than 10 feet above the
level of such sidewalk, street or alley. Am. 10/21/86, 1337
(b) It shall be the duty of the owner of any land or premises of this city where any trees may be found with the branches hanging over any sidewalks, street or alley at a height less than 10 feet above the level thereof to trim or otherwise remove, within 10 days after being notified in writing by the City Engineer, all parts and portions of such trees which hang or project over the sidewalk, street or alley at a height less than 10 feet above the level thereof.
(c) In the event of the failure
of the owner of any property or premises in front of or on which trees
grow with branches hanging over the sidewalks, streets or alleys at a height
less than 10 feet, to comply with the requirements of this section, for
a period of 10 days after being notified in writing so to do, the City
Engineer may cause the branches or other parts of such trees to be trimmed
or otherwise removed and charge the cost of such work against the lots,
parts of lots or parcels of land on or in front of which such trees may
grow, and the expense therefore shall be a valid charge and lien against
the same to be collected at the time and in the manner general City taxes
are collected.