Fiscal Note
The proposed ordinance updates sections of the Madison General Ordinances related to tree authority and the requirements of the terrace treatment policy. No appropriation is required.
Title
Amending Sections 10.25(4), 23.21(1), 23.22, 23.25 and 23.40(4)(b) of the Madison General Ordinances to reflect changes to tree authority and the requirements of the terrace treatment policy.
Body
DRAFTER’S ANALYSIS: This ordinance makes updates to several sections of the ordinances to reflect previous changes made by ORD-23-0019 (File 75530) and ORD-25-00022 (File 87044), as well as the terrace treatment policy, as approved by the Board of Public Works on May 22, 2019 (File 55445).
In 2020, the Forestry section was relocated from the Parks Division to the Streets Division. As part of that change, oversight of the City Forester and tree related duties, other than in City parks, has also been formally moved from the Board of Park Commissioners, and its Habitat Stewardship Subcommittee, to the Board of Public Works. Other ordinances have already been amended to reflect this reorganization; however, the older language remains in several sections of Chapter 23. This ordinance corrects this oversight, putting these remaining provisions under the Board of Public Works authority, as should have already occurred.
This ordinance also updates language in Section 10.25(4) to eliminate potential confusion. Under 10.25(3), the permissible plantings ordinance, certain plantings within the terrace area, defined as the area between the roadway and the adjoining property line, are permissible, as provided for in the terrace treatment policy approved by the Board of Public Works. The terrace treatment policy, last approved in May 2019, applies to the entire terrace, but the existing language in 10.25(4) appears to set different rules in the portion of the terrace between the sidewalk and the curb-which is not the case. This language is not conflicting, but it does cause potential confusion and gives the wrong impression that different rules apply to that portion of the terrace behind the sidewalk or in areas where no sidewalk exists. The amendment thus brings the language in line with the terrace treatment policy, making it clear that the entire terrace is subject to the permissible plantings ordinance and the terrace treatment policy.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (4) entitled “Planting of Shrubbery on Terraces Prohibited” of Section 10.25 entitled “Plantings in Terrace” of the Madison General Ordinances is amended as follows:
“(4) Planting of Shrubbery on Terraces Prohibited. Except for permissible plantings made under sub. (3), no person shall plant or maintain or cause to be planted or maintained on any terrace between the sidewalk and curb on any street in the City of Madison any plant or shrub in excess of twenty-four (24) inches in height or within a distance of twenty-four (24) inches from the back of the curb unless necessary to control erosion of the soil.
Any plants or shrubbery planted or maintained on any terrace contrary to the provisions of this ordinance shall be removed. The enforcement of this ordinance shall be under the supervision of the Police Department, the City Engineering Division, and the Building Inspection Division of the Department of Planning and Community and Economic Development.
Upon default of any person ordered to remove said plants or shrubbery, the City Engineering Division and/or the Department of Planning and Community and Economic Development may cause said plants or shrubbery to be removed. The cost of removal shall be assessed against the lot adjoining the terrace upon which the plants or shrubbery were located as provided in Section 27.05(2)(bb), MGO. Prosecution under this section shall not bar the City from causing the plants or shrubbery to be removed, nor shall the City's removal of the plants or shrubbery bar prosecution hereunder.”
2. Subsection (1) of Section 23.21 entitled “Pruning or Removing Trees in Public Highways or Public Places” of the Madison General Ordinances is amended as follows:
“(1) No person, corporation, or association shall plant, cut, prune, or remove any living tree or shrub in a public highway in the City of Madison, or cut, disturb or interfere in any way with the roots of any tree, to the extent of causing serious injury to such tree, in such public highway, or spray any such trees or shrubs with any chemical or insecticides without written permit of the Board of Park Commissioners Public Works.”
3. Section 23.22 entitled “Planting of These Trees in Public Highway” of the Madison General Ordinances is amended as follows:
“No shade or ornamental tree or shrub shall be planted in any of the public streets of the City of Madison until such tree and the place where it is to be planted shall first have been approved by the Board of Park Commissioners Public Works, and a permit granted by said Board therefore.”
4. Section 23.25 entitled “Attaching Electric Wires, etc., to Trees” of the Madison General Ordinances is amended as follows:
“No person, corporation, or association, shall attach any electric insulator, or any device for holding of electric wire, to any tree growing or planted upon any public highway of the City of Madison. Every person, corporation, or association having any wire or wires charged with electricity running through a public highway shall securely fasten such wire or wires to a post or other structure so that they shall not come in contact with any tree therein and every such person, corporation, or association shall, when and if the Board of Park Commissioners Public Works shall determine it to be necessary in order to prune or cut down any tree growing on a public highway of the City of Madison, temporarily remove any such wire or wires or cut off the electricity within twenty-four (24) hours after service upon the owner of said wire or wires or their or its agents, of a written notice signed by the president of the Board of Park Commissioners Public Works to remove said wire or wires or cut off said electricity.”
5. Subdivision (b) of Subsection (4) entitled “Abatement of Notices” of Section 23.40 entitled “Elm Trees Infected With Dutch Elm Disease or Oak Trees Infected With Oak Wilt Disease or Ash Trees Infested With Emerald Ash Borer a Nuisance” of the Madison General Ordinances is amended as follows:
“(b) If the City Forester, or designee, shall determine within reasonable certainty that any public nuisance as herein defined in Subsection 1 exists in or upon private premises, s/he shall report the existence of such nuisance to the Board of Park Commissioners Public Works; the Board shall, if it determines that such nuisance exists, cause notice to be issued to the owner of the lot or parcel of land on which such tree(s) stand or their agent, or if neither is known and there is a tenant or operator, occupying said property then to such tenant or operator, that the Board of Park Commissioners Public Works proposes ordering the removal and destruction of such tree(s) as nuisances under this Ordinance. The notice shall specify the general location and number of such tree(s) on the lot or parcel of land, and inform that a hearing will be held before said Board of Park Commissioners Public Works for the purpose of ordering the removal and destruction of such tree(s). The notice to the owner, agent or tenant of the property shall be issued at least two (2) weeks prior to the hearing and shall indicate the date, time, and location where the hearing will be held before the Board of Park Commissioners Public Works. The notice shall be mailed via first class mail to the property owner's last known address, and a copy shall be served upon the owner or occupant at the property location or may be posted by attaching to the entrance of any dwelling, building or other structure on the premises. After such hearing the City Forester, or designee, subject to the direction of the Board, shall abandon the work or proceed with it as they believe the best interests of the public require. Once the Board of Park Commissioners Public Works has ordered the removal and destruction of such tree(s) as nuisances under this Ordinance, in lieu of such removal by the City Forester, or designee, the City Forester, or designee, shall issue a written notice to the owner, agent or tenant or operator of the property to abate such nuisance within a reasonable period of time as specified in the notice. The notice shall include the method(s) by which the property owner, agent, tenant or operator shall abate the nuisance and the proper method(s) of disposal of such trees, and that failure to abate the nuisance as so ordered will result in the City abating the nuisance at the property owner's expense. The notice shall be mailed via first class mail to the property owner's last known address, and a copy shall be served upon the owner or occupant at the property location or may be posted by attaching to the entrance of any dwelling, building or other structure on the premises.”