2012-522 ORDINANCE NO. 2012 – 522
An ordinance amending, revising, and updating Janesville's diseased , infected, and unsafe tree
ordinances, with penalties for violations and other relief thereof as set forth in JGO Sections
8.20.180, 12.24.060, and 12.32.020, as applicable.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I: Chapter 8.20 of the Code of General Ordinances of the City of Janesville
is hereby amended, revised, and updated to read as follows:
"8.20.010
CHAPTER 8.20
DUTCH ELM, EMERALD ASH BORER, AND OTHER DISEASED, INFESTED,
INFECTED, DAMAGED, AND /OR UNSAFE TREES
Sections:
8.20.001 Findings — Public policy -- Proactive plan.
8.20.010 Declared a public nuisance.
8.20.020 Nuisance -- Prohibited.
8.20.030 Entering upon private property– Testing – Removal of tree samples.
8.20.040 Remediation, removal, and abatement.
8.20.050 Reporting discovery of shade tree pest.
8.20.060 Board of park commissioners' duties -- Exercised by council.
8.20.070 City Forester to inspect when.
8.20.080 Nuisance -- Abatement.
8.20.090 Nuisance -- Appeal Hearing -- Council decision.
8.20.100 Laboratory analysis when.
8.20.110 Dormancy procedure - -City Forester's report to Council -- Council
action. [Repealed 10/22/2012]
8.20.120 Removal as funds are available.
8.20.130 Spraying -- Generally.
8.20.140 Spraying -- Within a one - thousand -foot radius.
8.20.150 Nuisance -- Abatement and spraying costs —Stump removal procedure
and service charge.
8.20.160 Interference with City Forester prohibited.
8.20.170 Severability.
8.20.180 Violation — Penalty(ies) -- Relief.
8.20.001 Findings — Public policy -- Proactive plan.
a. Diseased, infected, infested, damaged, and unsafe trees within the City of
Janesville ( "City ") are a public concern.
b. The health of the trees in the City is threatened by shade tree pests, and the loss or
ill health of trees growing upon public and private property substantially
depreciates the value of property within the city and impairs the safety, good
order, general welfare and convenience of the public.
c. The provisions set forth in this Chapter are adopted as an effort to control and
prevent the spread of these shade tree pests.
d. Proactive actions are an inherent opportunity and privilege of local government to
act before crises overwhelms. It is hereby determined by the Common Council of
the City to be in the best interests and benefit of the City, its taxpayers, residents,
public, and public and private property to take immediate, proactive steps
concerning any and all elm, ash, and other diseased, infected, infested, or
damaged trees of whatever kind or nature so as to minimize the harmful,
damaging, and negative direct and indirect effects caused by such trees,
conditions, events, and foreseeable probable and ultimately actual eventualities.
e. The City contains an estimated thirty thousand (30,000) ash trees, with about half
located upon public property. The City contains numerous other trees. It is
estimated that about twenty percent (20 %) of the trees in Janesville are ash trees
subject to infestation by the Asian emerald ash borer (EAB).
f. It has been found in other areas that an ash tree that has been attacked by EAB
can die within 2 -4 years. It is estimated that more than fifty (50) million ash trees
are dead or dying in the Midwest because of this insect. Wisconsin forests contain
more than seven hundred seventy (770) million ash trees, nearly seven percent
(7 %) of the tree population. In urban areas, we estimate that ash make up, on
average, twenty percent (20 %) of trees.
g. The presence of EAB in an ash tree in Janesville was confirmed in July 2012.
h. The potential devastation wrought by emerald ash borer upon Wisconsin's urban
and community forests could exceed that of any other forest pest in the recent
past. Ash trees are common in both rural and urban areas throughout the state, but
EAB will strike cities and villages especially hard. Though ash makes up about
seven percent (7 %) of trees in the state's rural forests, it makes up about twenty
percent (20 %) of the trees in our urban forests. In some Wisconsin communities
the proportion of ash is much higher. Ash, especially green ash, is very common
in urban areas because it was a popular replacement for the American elm.
i. Of the state's 770 million ash trees, approximately 5.2 million exist on public and
private property within cities and villages. The loss of these urban ash trees would
cost property owners and taxpayers:
... $1.5 billion for tree replacement
... $776 million for tree removal and disposal
... $13 million per year in lost tree -canopy function to reduce pollution, lower
heating and cooling costs, & absorb storm water runoff
j. The EAB is an exotic beetle discovered in southeastern Michigan in the summer
of 2002. The adult beetles nibble on ash foliage but cause little damage. The
larvae (the immature stage) feed on the inner bark of ash trees, disrupting the
tree's ability to transport water and nutrients. Emerald ash borer probably arrived
in the United States on solid wood packing material carried in cargo ships or
airplanes originating in its native Asia. According to the Wisconsin Department of
Agriculture, Trade, and Consumer Protection, the EAB typically moves only short
distances by flying, but can survive long distances in transit on ash nursery stock,
ash logs, branches and firewood.
k. The EAB beetle killed tens of millions of ash trees in southeastern Michigan
alone, with tens of millions more lost in Ohio, Illinois, Indiana, Pennsylvania,
West Virginia, Missouri, Wisconsin, Virginia, Ontario,
1. EAB is not a "business as usual" tree pest. It kills quickly and thoroughly. It has
completely overwhelmed the staff & budget resources of most communities in
infested areas.
m. The loss of ash trees in the City will have a devastating effect on home values,
quality of life, and the environment.
n. The goal of this revised Chapter and other attendant ordinances is to buffer that
impact in advance by immediately implementing the current best arboricultural
management activities and proactive rules and procedures.
0. The Common Council of the City Janesville legitimately seek to avoid and/or
minimize such negative effects to the greatest extent possible.
p. The City, therefore, shall take an immediate, short-term and long range, proactive
approach to spread the physical and fiscal costs and harms associated with the outbreak
of Emerald Ash Borer over an approximately ten (10) year timeframe.
8.20.010 Declared a public nuisance. A. The Common Council, having
previously determined that the health of elm trees and now that of ash trees, and potentially other
trees within the City have been, is, are, and potentially may be threatened by, and/or suffer one
or more serious fatal diseases, infections, infestations, damage, and/or conditions, declare that
diseased, infected, and/or unsafe elm, ash, and other trees, and parts thereof, constitute a serious
and imminent public health, welfare, and safety hazard, and that such diseased, infested,
damaged, unsafe, and/or dangerous trees, and parts thereof, are public nuisances. Included in, but
not limited to, such determinations, scope, and applicability of this Chapter are:
1. Any living or standing elm tree or part thereof infected with the Dutch elm
disease fungus or which harbors any of the elm bark beetles Scolytus multistriatus
(Eichh.) or Hylurgopinus rufipes (Marsh);
2. Any living or standing ash tree or part thereof Fraxinus, a genus of
flowering plants in the olive and lilac family, Oleaceae, containing approximately 45 -65
species of usually medium to large trees, mostly deciduous though a few subtropical
species are evergreen.infected with or which harbors the emerald ash borer;
3. Any dead, infected, or diseased elm, ash, or other tree or part thereof,
including logs, branches, stumps, firewood, or other material from which the bark and/or
other tree parts have not been removed and burned, or sprayed with an effective elm bark
beetle or emerald ash borer, or other insect, as applicable, destroying insecticide.
B. Jurisdiction. The City shall have control of all street trees, shrubs, and other
plantings now or hereafter in any street, park, public right -of -way or easement, or other public or
private place within the City limits, and shall have the power to plant, care for, maintain, remove,
and replace such trees, shrubs, and other plantings.
C. Declaration of a shade tree pest. The Common Council by this Chapter declare
any and all vertebrates or invertebrate animals, plant pathogens, or plant in the community
threatening to cause significant damage to a shade tree or community forest to be a pest and
prescribe control measures to effectively eradicate, control, and/or manage the shade tree pests,
including, but not limited to, necessary timelines and responsibilities for private property owners
and public powers necessary and convenient for the public good order, health, welfare, peace,
and safety. All of these powers and reasons are incorporated herein as if fully set verbatim.
8.20.020 Nuisance -- Prohibited. A. No person, firm or corporation shall permit
any public nuisance, as defined in Section 8.20.010 and/or otherwise in this Chapter, to remain
on any premises owned, leased, rented, otherwise possessed, or controlled by such person within
the City. The public nuisance may be remediated, removed, and/or abated as provided in this
Chapter.
B. It shall be unlawful for any owner of any lot or parcel of land in the city to
possess, permit, or maintain on any such lot or parcel of land any ash, elm, or other species of
tree, or parts thereof, which is a public nuisance.
C. It shall be the duty of every real property owner to promptly remove and properly
dispose of any such trees, and parts thereof, constituting a public nuisance and/or as otherwise
prohibited by any provision of this Chapter, and/or as determined or directed by the City
Forester.
D. Every property owner at all times shall fully and timely comply with all other
related county, state, and federal tree laws and regulations.
E. Remediation, removal, and abatement by a private property owner shall be
undertaken by each property owner under the supervision and direction of the City Forester and
those persons on her /his behalf.
8.20.030 Entering upon private property— Testing — Removal of tree samples.
In order to carry out the public health, welfare, and safety purposes, goals, and plans, of
this Chapter and to implement the enforcement thereof, the City Forester, and/or any person
acting in behalf of the City Forester, is hereby authorized and empowered to enter upon any
public or private lot or parcel of land in the City at all reasonable hours for the purpose of
inspecting any ash, elm, and other trees and/or parts thereof, situated thereon, for purposes of
tree inspection, testing, sampling, sample removal, remediation, removal, abatement, and all
other activities permitted by this Chapter. No additional consent from the property owner and/or
possession is necessary. No person may hinder, obstruct, or prevent the City Forester or any
person acting on behalf of the City Forester from entering upon, reasonably remaining, testing,
sampling, or engaging in other permitted activities set forth in this Chapter.
8.20.040 Remediation, removal, and abatement. A. In abating the public
nuisance under this Chapter, the organism, condition, plant, tree, wood, or material identified as
injurious to the health of shade trees shall be removed or effectively treated so as to destroy and
prevent as fully as possible the spread of the shade tree pest.
8.20.050 Reporting discovery of shade tree pest. Any owner, tenant, lessee,
possessor, or occupier of land or property, or any person engaged in tree trimming or removal,
who knows or becomes aware of the existence of a public nuisance caused by a shade tree pest,
infection, disease, or damage shall report the same to the City Forester within five (5) business
days of discovery.
8.20.060 Board of park commissioners' duties -- Exercised by council. Any
and all duties and powers provided by law to any commission, board, committee, officer, or
official by Wisconsin law are hereby vested in and may be exercised by the Common Council of
the City.
8.20.070 City Forester -- to inspect when. A. The City may retain the services
of one or more persons and/or other entities to act in the capacity of the City Forester.
B. The City Forester, and person(s) acting on behalf of the City Forester, shall
inspect or cause to be inspected all outdoor public and private premises and places within the
City at least twice each year commencing forthwith to determine whether any public nuisance, as
defined in Section 8.20.010 and/or otherwise in this Chapter, exists thereon, and shall also
inspect or cause to be inspected any elm, ash, and/or other tree reported or suspected to be
infected with the Dutch elm disease, emerald ash borer, or other disease or insect, or which is
suspected to be dangerous, unsafe, a hazard, or a public nuisance. Such inspection shall include
bark bearing material(s), branches, logs, and other tree parts..
C. The City Forester, and all person(s) acting on behalf of the City Forester, shall
document each inspection by location, tree, date, time, place, inspector, all findings and
determinations, and all removal and other abatement actions taken, ordered, or directed.
D. The City Forester and all person(s) acting on behalf of the City Forester is /are
authorized to enforce or cause to be enforced the provisions of this Chapter, the tasks incident to
this Chapter, and incident such any program(s) adopted by the Council.
8.20.080 Nuisance -- Abatement. A. If the City Forester determines with
ordinary certainty that any public nuisance, as defined in Section 8.20.010 exists in or upon any
(A) public street, alley, park, or other public place, including the terrace strip between curb and
lot line within the City, and/or (B) upon any private property or premises, and that the removal
shall be in the public interest, the City Forester and /or others acting on behalf of the City
Forester shall cause it to be removed in an expeditious manner, burned, or otherwise properly
disposed, and/or otherwise fully abate public nuisance in such manner as the City Forester
determines to be in the public interest of health, welfare, and safety.
B. The cost of such removal and other abatement activities shall be paid by the
property owner, regardless of tenancy or possession, and shall be a lien upon such real property
until paid and/or disposed as otherwise provided by law, no further action of the Common
Council being necessary in this regard. The owner of the property upon which a nuisance has
been remediated, removed, or abated by the City Forester shall be personally liable to the City
for the cost and expense to the City of the abatement, including, but not limited to, contracted
services and administrative costs. As soon as the work has been completed and the cost
determined, the City Treasurer shall prepare an invoice for the costs as they arise and mail it to
the owner. Thereupon, the amount shall be immediately due and payable at the office of the City
Clerk - Treasurer. The City Treasurer shall invoice the property owner prior to placing any unpaid
amounts upon the tax rolls for collection or recovery as a special charge for municipal public
services.
C. The City Forester, and others acting on his/her behalf, may, but is not required to,
provide notice(s), directive(s), and/or order(s) to the affected property owner(s), possessor(s), or
other person(s) prior to taking or ordering removal, abatement, remediation, and/or other actions
permitted under this Chapter.
D. The City Forester may permit the property owner to attempt remediation,
removal, and/or abatement action(s) separate from those determined, required, and/or ordered by
the City Forester or others acting on her/his behalf, upon such terms, conditions, requirements,
standards, time frame(s), directives, conditions, inspections, costs, fees, and permits as the City
Forester and/or others acting on behalf of the City Forester may from time to time determine,
require, or order. If the agreed upon private remediation, abatement, removal, or other control
measures, conditions, or requirements are not timely, fully, or otherwise satisfied with by the
property owner, the City Forester or designated person(s) shall have the authority to enter the
property and carry out abatement in accordance with the requirements of the City Forester.
E. Each property owner shall timely and fully comply with any and all directive(s),
requirement(s), and /or orders of the City Forester and others acting on behalf of the City
Forester. Failure, neglect, and/or refusal by any owner to do so shall constitute a separate
violation of this Chapter. Each day's failure, neglect, and/or refusal to comply shall constitute a
separate violation of this Chapter.
F. All remediation, removal, and abatement activities by a property owner and /or
possessor shall be the sole cost and expense of the property owner and/or possessor.
G. The City shall not be responsible for, nor shall the City award or pay to any
person, any monies or other reimbursement for the destruction, diminution, or loss value of the
tree(s), wood, or parts thereof removed, remediated, damaged, or abated, or any other incidental
costs or amounts, such as decline in the fair market value of the property as a result of the City's
directives, requirements, determinations, or orders.
8.20.090 Nuisance --- Appeal Hearing -- Council Decision. Notwithstanding any
other ordinance or statute to the contrary, only an affected property owner upon whose real
property the affected tree is rooted may appeal any decision, determination, direction,
requirement, and/or order ( "Action ") of the City Forester or other persons acting on behalf of the
City Forester may appeal such Action, and then only to the Common Council. Such appeal must
be filed within ten (10) days of the Action, shall be in writing, signed by the property owner, and
shall state with particularity the details of the situation, the relief sought, and the reasons for the
relief sought. The City Clerk shall schedule a hearing on such appeal before the Common
Council. A majority vote of all elected members of the Council shall govern. Tie votes shall
constitute affirmation of the City Forester's Action(s).
8.20.100 Laboratory analysis when. The City Forester at any time and in her /his
sole determination and discretion City Forester subject specimens of any tree wood, or part
thereof to competent laboratory analysis.
8.20.110 [Reserved] [Dormancy subsection repealed 10/22/2012]
8.20.120 Removal as funds are available. Notwithstanding any other provision
of this Chapter, removal, remediation, and/or abatement by the City and /or City Forester and
others acting on behalf of the City Forester and/or City of such nuisance trees, wood, or parts
thereof need only be done as far as practically possible within the limits of funds actually
appropriated and/or borrowed for such purpose(s) by the Common Council of the City, and
actually available.
8.20.130 Spraying -- Generally. The City may chemically treat elm, ash, and
other nuisance trees within the City with one or more elm, ash, and other concentrate(s) and/or
substances, which tree(s) are located upon the terrace strip between the curb and lot line, upon
public property, and upon private property, as well.
8.20.150 Stump removal procedure and service charge —No Removal of
diseased or infected tree or parts.
A. The property owner shall remove or cause to be removed the tree stump, the cost
of which shall be paid by the property owner.
B. The property owner shall not be required to remove such stump after the bark has
been removed and the stump treated, or the property owner may remove the stump after the bark
has been removed and the stump treated without reference to the City. The property owner shall,
at her/his own sole cost and expense, remove, haul away, and dispose of the removed tree stump,
and parts thereof. If the owner and/or property possessor fails, neglects, and/or refuses to timely
do so, the City may do so or cause that such work be performed by others, and invoice the
property owner for same, recovering non - payment as a lien and special charge against the
affected real property in the manner(s) provided by law for recovery by placement upon the
property tax roll,
8.20.160 Interference with City Forester and others acting on behalf of the City
Forester prohibited. No person, firm, or corporation shall prevent, delay, obstruct, prevent, or
interfere with the City Forester or any of his or her agents, employees, or others acting on behalf
of the City Forester while they are engaged in the performance of duties imposed by this
Chapter.
8.20.170 Severability. Should any part or provision of this Chapter be declared by
a court of competent jurisdiction to be invalid, the same shall not affect the validity of the
Chapter as a whole or any part thereof other than the part held to be invalid.
8.20.180 Violation — Penalty(ies) -- Relief. A. Any person, firm, or
corporation who violates any of the provisions of this Chapter shall, upon conviction thereof,
forfeit and pay to the City not less than one hundred dollars nor more than ten thousand dollars,
together with the costs of prosecution.
B. Each day's continuance, default, failure, neglect, or refusal by a property owner to
fully and timely comply with any provision of this Chapter and/or any directive, requirement,
determination, or order of the City Forester or anyone acting on behalf of the City Forester
constitutes a separate violation.
C. In default of payment of such forfeiture and costs of prosecution, the violator shall
be subject to the remedies provided by law.
D. Any other provisions, payments, invoicing, liens, and costs recovery set forth in
this Chapter are in addition to and not in lieu of enforcement and/or this subsection, and vice
versa.
E. All remedies and relief in this Chapter and at all are cumulative and not exclusive.
F. The failure or neglect of any officer or employee of the City to perform any
official duty imposed by this Chapter shall not subject the officer or employee to the penalty
imposed for a violation.
G. In addition to any penalties provided for in this section, if any person, firm, or
corporation fails, neglects, or refuses to comply with any provision set forth in this Chapter or
order of the City Forester or any person acting on behalf of the City Forester, the City Attorney,
City Manager, or Common Council may institute appropriate proceedings at law and/or at equity
to restrain, correct, or abate the violation.
Janesville (2012)
SECTION II: Chapter 8.24 of the Code of General Ordinances of the City is hereby
amended and updated to read as follows:
"Chapter 12.24
STREETS AND SIDEWALKS: TREES AND SHRUBBERY
Sections:
12.24.010 Tree and shrubbery trimming and removal requirements -- Generally.
12.24.020 Tree and shrubbery trimming and removal requirements —
Hazardous to passersby.
12.24.030 Objects obstructing traffic or vision of traffic unlawful.
12.24.040 Trees and shrubbery obstructing vision of traffic signs unlawful.
12.24.050 Tree and shrubbery trimming and removal requirements —
Failure to comply - -City to take action - -Cost.
12.24.060 Violation -- Penalty.
12.24.070 Maintenance of boulevards.
12.24.010 Tree and shrubbery trimming and removal requirements -- Generally.
A. It shall be the duty of every owner of any tree standing within and/or abutting the
limits of any street, or so located that any of its limbs extend over any street or sidewalk, to keep
the same so trimmed that its lower limbs shall be at least seven feet above the sidewalk and
fifteen feet above the surface of the street over which it may extend.
B. It shall be the duty of every owner of any bushes, shrubbery or vegetation of any
kind located or growing within and/or abutting the limits of any street, or located or growing so
that any of its branches, leaves or other foliage extend over any street or sidewalk, to keep the
same trimmed so they do not extend over any street or sidewalk. (Ord. 80 -204 l(part), 1980).
C. Every owner of a tree shall comply with all provisions set forth in Chapter 8.20 of
the Janesville Code of General Ordinances, as from time to time amended, updated, revised, or
renumbered.
12.24.020 Tree and shrubbery trimming and removal requirements -- Hazardous
to passersby. A. It shall also be the duty of every owner of any tree, bush, shrubbery or
vegetation of any kind which stands within the limits of any street, or which is so located or
growing that if any of its limbs, branches or other foliage fell it might create a hazard to those
lawfully using the street or sidewalk, to remove all trees, bushes, shrubbery, vegetation or limbs
thereof which are so aged or decayed, or in such condition so as to create a hazard to those
lawfully using the sidewalks or other portions of the street. (Ord. 80 -2041 (part), 1980).
B. Every owner of a tree shall comply with all provisions set forth in Chapter 8.20 of
the Janesville Code of General Ordinances, as from time to time amended, updated, revised, or
renumbered.
12.24.030 Objects obstructing traffic or vision of traffic unlawful.
A. A vision triangle is all that land at a street intersection between the vision line and
the street intersection. The vision line is determined by drawing a straight line from the curb or
edge of pavement of one street to the curb or edge of pavement of the intersecting street, and
such line shall run through two points, each such point being on the edge of the street right -of-
way /property line and twenty -five feet back from the corner formed by the intersection of the
two street right -of -way /property lines, as shown on the Vision Triangle Ordinance Diagram. No
bushes or shrubbery nor any opaque or semi - opaque object is permitted in the vision triangle if
such bush, shrub or object is over thirty inches above curb grade, except trees trimmed to the
trunk and at least to seven feet above sidewalk grade. Official traffic signs and signals and utility
poles are exempt from this restriction.
B. At all intersections controlled by yield signs, stop signs, or traffic signals, only
that portion of the vision triangle lying within the public street right -of -way shall apply.
C. All buildings existing within the vision triangle at the time of adoption of the
ordinance codified in this section shall be exempt from the requirements of this chapter.
12.24.040 Trees and shrubbery obstructing vision of traffic signs unlawful. It is
unlawful for any person to plant, cause to grow, allow to grow, or maintain any trees, bushes,
shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of
any traffic sign within the city. It shall be the duty of every owner of any such tree, bush,
shrubbery or vegetation to remove such obstruction. (Ord. 80 -204 ' 1(part),1980).
12.24.050 Tree and shrubbery trimming and removal requirements -- Failure to
comply - -City to take action - -Cost. In case any person fails to comply with the requirements of
Sections 12.24.010, 12.24.020, 12.24.030, and 12.24.040 within ten (10) days after the street
commissioner or city engineer notifies him to do so, the street commissioner or city engineer
shall cause the necessary trimming and removal to be done and file with the city clerk a
statement of the costs thereof, and any and all costs thereof shall be charged against the real
estate, shall be a lien upon the real estate, and shall be assessed and collected as a special tax. In
addition, such owner may be prosecuted for violation of this chapter in case such owner does not
comply within ten days after written notice is given by the street commissioner or city engineer.
(Ord. 80 -204 '1(part),1980).
12.24.060 Violation -- Penalty. Any person who violates any of the provisions of this
chapter, or any section herein referred to for which a specific penalty may not be provided, shall
forfeit and pay to the city a penalty not exceeding one hundred dollars, together with the costs of
prosecution for each offense, and each day during which any such violation continues shall be
deemed a separate offense, and in default on payment of such penalty, any violator shall be
imprisoned in the county jail not to exceed thirty days. (Ord. 80 -204 ' 1(part),1980).
12.24.070 Maintenance of boulevards. Notwithstanding any other of the provisions
of this chapter or any of the provisions of Chapter 12.32, only the city shall have the right to
plant and the responsibility to maintain, trim or remove, as needed, all trees, shrubbery, plants
and lawns located on boulevards. A boulevard is defined as any grassed or planted area
dedicated to the public and located between the edges of two roadways that together comprise a
single street. (Ord. 81 -222 '1,1981) (2012)."
SECTION III: Chapter 12.32 of the Code of General Ordinances of the City is hereby
amended and updated to read as follows:
"Chapter 12.32
TERRACES
Sections:
12.32.010 Generally.
12.32.020 Violation -- Penalty.
12.32.010 Generally. "Terrace," as used in this section, means all that portion of
any public way, street or highway right -of -way that is not paved or surfaced for vehicular traffic,
not including boulevards as defined in Section 12.24.070. Every owner of land in the city whose
land abuts any terrace is required to maintain, or have maintained by his tenant or otherwise, the
terrace directly abutting such land follows:
A. If the terrace contains a sidewalk, the sidewalk shall be kept free and clear of
snow and ice as required by Section 12.08.080, as from time to time amended, updated, revised,
or renumbered.
B. All that part of the terrace not covered by a sidewalk shall be kept free and clear
of all noxious weeds, as defined in Section 8.56.010, shall not be paved, surfaced, or covered
with any material which shall prevent the growth of plants, shall be maintained as a lawn, except
in areas specifically approved by the city engineer in writing, and shall maintain all public and
private trees located thereon in the manner set forth in Chapters 8.20 and 12.24, as from time to
time amended, updated, revised, or renumbered. (Ord. 80- 194'2,1980); 2012).
12.32.020 Violation -- Penalty. Any person who violates any of the provisions of
Section 12.32.010, or any section therein referred to for which a specific penalty may not be
provided, shall forfeit and pay to the city a penalty not exceeding one hundred dollars, together
with the costs of prosecution for each offense, and each day during which any such violation
continues shall be deemed a separate offense, and in default of payment of such penalty, any
violator shall be imprisoned in the county jail not to exceed thirty days.
* For statutory provisions concerning light, telephone and telegraph poles, see Wis. Stat.
1973, '62.14.
A
ADOPTED: November 12, 2012 Motion by: Steeber
Second by: Liebert
APPROVED: Councilmember Aye Nay Pass Absent
,t � Dongarra -Adams X
� %j� Farrell X
Eric J. L vitt, City -f% 7. er Kealy X
Liebert X
ATTES : Severson X
Steeber X
^G � Voskuil X
Je Ann Wulf, City Clerk -Treas er
APPROVED AS TO FORM:
City Attorney
Proposed by: Parks Director
Prepared by: City Attorney
Attorney /Word /Shared /Ordinance Trees Public Safety Amendments Updates EAB Dutch Elm other Wald Draft Presny Update072412.doc