Fiscal Note
No appropriation is required.
Title
Amending Section 10.10 of the Madison General Ordinances to update language and special assessment procedures for street tree installations.
Body
DRAFTER'S ANALYSIS: Under current policies and procedures, new street trees are only installed and assessed under this Sec. 10.10, MGO at the request of adjoining property owners who, as a condition of the installation, are required to sign a waiver under Subsection (11) of this Ordinance. Hence, to date, it has not been necessary to follow the notice and hearing requirements of this Section. However, the City Attorney’s Office has noticed that the procedures set forth in this Section are inconsistent with other City ordinances and State law and need to be updated, even though these changes will have no actual impact upon the street tree assessment procedures. Accordingly, this ordinance amends various provisions of Sec. 10.10, MGO, to update the language and special assessment procedures for street tree installations contained therein and to make this Section more consistent with Sec. 4.09, the general special assessment ordinance. Firstly, all references to the Street Tree Review Committee are changed to the Board of Public Works as the Street Tree Review Committee is no longer in existence and the Board of Public Works can best address the hearing requirements of Sec. 10.10 if such a hearing is ever needed as the Board is already tasked with this responsibility for other assessable public works projects under Sec. 4.09, MGO. In addition, the procedure involving street tree installations as part of street improvement projects is changed from reliance upon the procedures set forth in Wis. Stat. § 66.0703 to those set forth in Sec. 4.09, MGO, as this City provision already addresses special assessments related to such projects. By tying these sections together, City staff will not have to follow separate procedures for different components of the same project. F...
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