(A) It shall be unlawful for any person, firm or corporation to obstruct or to otherwise encumber, by fences, gates, buildings, structures or otherwise, any of the streets, alleys, sidewalks or improvements of the city.
(B) Any hedge, shrubbery, bush or similar growth located within two feet adjacent to any lot line abutting any public property, whether there is a sidewalk abutting or adjoining the premise or not, shall be deemed to be an obstruction within the meaning of this chapter. Any tree or shrub that is growing upon the lot line, being partially on public ground and partially upon abutting private property, and any tree or shrub growing wholly upon private property abutting any public property, shall, when the tree or shrub is located in a fashion that the tree or shrub, or the roots thereof, interferes with the use or construction of any public improvement, be deemed to be an obstruction within the meaning of this chapter. Every owner of any tree, bush or shrub within the city shall prune the branches thereof in the manner and to the extent necessary to prevent the branches from interfering with the light emitted from any traffic-control device or the view of the intersection of any streets, avenue, alley, sidewalk or other public thoroughfares, from within eight feet above the surface thereof, and from otherwise interfering with any public improvement and any branches of any tree, bush or shrub that are not pruned in a manner and to an extent shall be deemed to be an obstruction within the meaning of this chapter.
(C) The city shall have the right, power and authority, without notice, to prune the branches of any trees, bushes or shrubs, constituting an obstruction as herein provided, in the manner and to the extent necessary to accomplish the removal of the obstruction. It shall be the duty of any owner or occupant engaged in the construction of any building or improvement upon or near the public ways or property to have all excavations or exposures of any kind protected and guarded by suitable guards or barricades by day and by warning lights at night and any excavations or exposures not protected or guarded as herein provided shall be deemed to be an obstruction within the meaning of this chapter. It shall be the duty of the City Street Commissioner or any police officer to stop all work upon any building or improvement upon or near the public ways or property until all excavations or exposures of any kind caused by the work are protected and guarded by suitable guards or barricades by day and by warning lights at night. The city shall have the rights, power and authority to cause the removal and disposal of any and all trees, bushes and shrubs on private property within the city, or any parts or portions thereof, which are injurious to sewer, gas, electricity, water, telephone or other utility wires, lines or mains, or any other, of different, public improvements, or which are dangerous, unsafe or hazardous to persons or property as a consequence of being dead, diseased, broken or decayed, in whole or in part, or which are infected with, or harbor, any fungus, disease, insect or other pest or pestilence which constitutes a potential threat to other trees, bushes or shrubs within the city.
(D) The City Tree Board shall cause to be served upon each and every owner of each and every tree, bush or shrub, either personally, by mail, or by publication one time in a legal newspaper of the city, a written notice that removal and disposal of the tree, bush or shrub is to be accomplished and performed at the cost and expense of the owner within 60 days after service of the notice. Upon the expiration of the 60-day period, if removal and disposal of the tree, bush or shrub has not then been accomplished and performed, the city shall cause the same to be done and all costs and expenses of the removal and disposal, together with the cost of the aforementioned notice, shall be assessed against the property of the owner, certified by the City Clerk to the County Treasurer and collected in the manner prescribed by law and shall be a lien upon the property until paid.
(E) The city shall have the power to prevent and remove all other obstructions, including snow, ice and mud, into and upon all sidewalks, streets, avenues, alleys and other city property and improvements. The city shall cause any person, firm or corporation which owns or is otherwise responsible for other obstruction to be served, either personally or by publication, with written notice that removal of the other obstruction is to be accomplished and performed at the cost and expense of the person, firm or corporation within five days after service of the notice. Upon the expiration of the five-day period, if the removal of the other obstruction has not been accomplished and performed, the city, through the proper officers, may cause the other obstruction to be removed and the cost of the removal to be paid out of the city fund devoted to streets. The City Council shall then assess the cost of the removal of the other obstruction together with the cost of the aforementioned notice, against the person, firm or corporation which owned or was otherwise responsible for the other obstruction and the special assessment shall be levied and collected as special taxes, in addition to the general revenue taxes, and subject to the same penalties, shall draw interest from the date of the assessment and shall, upon payment thereof, be credited to the city fund out of which the cost of the removal of the other obstruction was paid.
(F) It shall be unlawful for any person to obstruct, delay, impede or otherwise interfere with any officers, agents, servants or employees of the city while engaging in or performing any duties or activities authorized, empowered, ordered or directed by, under or pursuant to this chapter of any part or portion thereof.
(Prior Code, § 8-103) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 17-141, 17-142, 17-555, 17-557.01, 39-703, 39-704