Fiscal Note
The main purpose of this ordinance revision is to provide that trees infested with Emerald Ash Borer be declared a public nuisance. Property owners would then be responsible for removing infested trees. If the trees are not removed, the City Forester would be authorized to cause removal of the the trees, and charge related costs to the property owner. Tree removal would likely be performed by private contractors, with the expenses to be fully recovered by special charges against the parcel of land supporting the trees. No appropriation is therefore required for the adoption of this ordinance.
Title
Amending Section 23.40 of the Madison General Ordinances to declare ash trees infected with Emerald Ash Borer to be a public nuisance and to facilitate proper removal and disposal of any infected trees declared to be a public nuisance.
Body
DRAFTER’S ANALYSIS: This ordinance amendment is intended to declare ash trees infected with Emerald Ash Borer to be a public nuisance and to modify the ordinance procedures for abatement of any trees declared to be a public nuisance. The spraying of elm trees is being omitted because forestry is no longer utilizing this process. Subsection (5) assessment of costs of abatement is being amended to reflect the entire costs of abating any public nuisance under this ordinance as a special charge.
***********************************************************************************
The Common Council of the City of Madison do hereby ordain as follows:
Section 23.40 entitled “Elm Trees Infected with Dutch Elm Disease or Oak Trees Infected with Oak Wilt Disease a Nuisance” is amended to read as follows:
“23.40 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.
(1) Public Nuisances Declared.
(a) The Common Council of the City of Madison having determined that the health of the elm trees within the City of Madison is threatened by ...
Click here for full text