(A) All trees of the species and varieties of elm, zelkova and planera that are in a diseased, dying or dead condition or that may serve as a breeding place for the European Elm Bark Beetle, Scolytus Muftistriatus, or other disease carrying insects are hereby declared to be a public nuisance and shall be removed from the private property on which they are located upon notice by the Utilities Superintendent. For the purpose of carrying out the provisions of this section, the Utilities Superintendent shall have the authority to enter on private property to inspect the trees thereon.
(B) In the event that the trees are diseased or dead, notice shall be given to the owner of the property by mail or personal service and such notice shall allow the said owner ten days to remove the said tree or trees.
(C) In the event that the owner is a non-resident, notice shall be made by publication in a newspaper of general circulation, or by mail if the name and address is known.
(D) The person charged with the removal may enter into an agreement with the municipality that such work be accomplished by the municipality and the expense and interest shall be declared to be a lien upon such property from the time the same becomes due until paid.
(E) If the owner fails, neglects or refuses to enter into such an agreement, or to remove the trees, the Utilities Superintendent may enter upon the property and proceed to direct the removal of the trees and the cost thereof shall be chargeable to the property owner. If the owner fails to reimburse the municipality after being properly billed, the costs shall be assessed against the property and certified by the Municipal Clerk to the County Treasurer to be collected in the manner prescribed by law.
(F) In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner.
(G) The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(H) Failure to remove the said trees shall be deemed to be a misdemeanor.
(Prior Code, § 6-305) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 18-1720