HomeMy WebLinkAbout25. 22-179
APRIL 26, 2022 22-179 ORDINANCE
FIRST READING
(CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______)
PURPOSE: AMEND SECTION 17-33 OF THE CITY OF OSHKOSH
MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE
AFFECTING PROPERTY USAGE
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-33
(O) OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC
NUISANCE AFFECTING PROPERTY USAGE
WHEREAS, city staff recommends certain amendments to the City’s public nuisance
code.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. That Section 17-33(O) of the Oshkosh Municipal Code pertaining to
public nuisance is hereby amended to read as shown on the attachment to this ordinance.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted
ordinance #22-____ on May 10, 2022, AMEND SECTION 17-33 OF THE CITY OF
OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE AFFECTING
PROPERTY USAGE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH
AMENDING SECTION 17-33 (O) OF THE CITY OF OSHKOSH MUNICIPAL CODE
PERTAINING TO PUBLIC NUISANCE AFFECTING PROPERTY USAGE). The ordinance
amends language in Section 17-33(O) of the Oshkosh Municipal Code to reference Chapter
26 and the already established 8’ tree limb clearance over sidewalks and 16’ tree limb
clearance over public streets.
APRIL 26, 2022 22-179 ORDINANCE
FIRST READING CONT’D
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church
Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone:
920/236-5011.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Mayor and Members of the Common Council
FROM: Amy Vanden Hogen, Assistant City Attorney
DATE: April 21, 2022
RE: Amend Section 17-33 of the City of Oshkosh Municipal Code Pertaining to Public Nuisance
Affecting Property Usage
BACKGROUND
The City of Oshkosh’s public nuisance ordinance is found in Ordinance 17-33. Currently the City
Forester/Landscape Division has requested Council approve an amendment to Section 17-33 to remove
the current conflict with Chapter 26 and comply with current enforcement practices.
ANALYSIS
The current public nuisance ordinance contains a list of conditions that are not allowed in the exterior of
properties within the City. This includes Section 17-33(O), which specifically prohibits tree limbs that
project over a public sidewalk less than eight feet above the surface and prohibits tree limbs that project
over a public street less than ten feet.
This section conflicts with Chapter 26, specifically Section 26-6, which requires a clearance height of not
less than eight feet above sidewalks, and not less than sixteen feet above the surface of a public street.
The proposed amendment to Section 17-33(O) removes the specific clearance requirements and instead
references Chapter 26 and the already established clearance requirements. This amendment both
alleviates any conflict between the two ordinances and also aligns with current enforcement practices.
FISCAL IMPACT
There is no anticipated fiscal impact to the proposed ordinance as it is an update to an existing ordinance
that complies with current enforcement practices.
RECOMMENDATION
Staff recommends that the Council adopt the proposed ordinance.
Respectfully Submitted, Approved:
Amy Vanden Hogen Mark A. Rohloff
Assistant City Attorney City Manager
SECTION 17-33 PUBLIC NUISANCE AFFECTING PROPERTY USAGE
…
(O) Limbs Projecting over Sidewalks
All limbs of trees which project over a public sidewalk or a public street in violation of the
clearance requirements established by Chapter 26.
…
SECTION 17-33 PUBLIC NUISANCE AFFECTING PROPERTY USAGE
…
(O) Limbs Projecting over Sidewalks
All limbs of trees which project over a public sidewalk or a public street in violation of the
clearance requirements established by Chapter 26, less than eight (8) feet above the surface
thereof or less than ten (10) feet above the surface of a public street..
…