(A) All trees of the species and varieties of elm, zelkova and planera that are in a diseased, dying or dead condition and that may serve as a breeding place for the European Elm Bark Beetle, Scolytus Multistriatus, are hereby declared to be a public nuisance. For the purposes of carrying out the provisions of this section, the City Forester, or any other official of the city acting in the capacity of City Forester, shall have the authority to enter upon private property in order to inspect the trees thereon.
(B) In the event that the City Forester, or other official of the city acting in the capacity of City Forester, shall determine that any tree of the species and variety of elm, zelkova and planera is in a diseased, dying or dead condition and may serve as a breeding place for the European Elm Bark Beetle, Scolytus Multistriatus, the tree shall be declared to be a public nuisance.
(C) The City Council shall thereupon cause notice to be served upon the owner, occupant, lessee or mortgagee of the land whereupon the tree is located, by publication and by certified mail. The notice shall describe the condition of the tree as found by the City Forester or other official of the city acting in the capacity of City Forester and state that condition has been declared a public nuisance and that the tree must be removed and buried within ten days of the receipt of the notice.
(D) (1) It shall be unlawful for any owner, occupant, lessee or mortgagee so notified to fail, neglect or refuse to remove and bury the tree in full compliance with the notice.
(2) If the person receiving the notice has not complied therewith or taken an appeal from the determination of the City Forester or other official of the city acting in the capacity of City Forester within ten days after receipt of certified mail or within ten days after date of publication, whichever is later, the City Forester, or other official of the city acting in the capacity of City Forester, shall notify the City Council of the noncompliance and the City Council shall, upon the receipt of the notification, cause a hearing date to be fixed and notice thereof to be served upon the owner, occupant, lessee or mortgagee of the land whereupon the tree is located. The notice of hearing shall be by personal service or certified mail and require the party or parties to appear before the City Council to show cause why the condition should not be found to be a public nuisance and remedied. A return of service shall be required by the City Council. The notice of hearing shall be given not less than five days prior to the time of hearing, provided that whenever the owner, lessee, occupant or mortgagee of the land is a nonresident or cannot be found in the state, then the City Clerk shall publish, in a newspaper of general circulation in the city, the notice of hearing for two consecutive weeks, the last publication to be at least one week prior to the date set for the hearing. Upon the date fixed for the hearing and pursuant to notice, the City Council shall hear all objections made by interested parties and shall hear evidence submitted by the City Forester or other official of the city acting in the capacity of City Forester.
(E) If, after consideration of all of the evidence, the City Council shall find that the tree is a public nuisance, it shall, by resolution, order and direct the owner, occupant, lessee or mortgagee to remedy the public nuisance at once; provided, however, that, the party or parties may appeal the decision to the appropriate court for adjudication during which proceedings the decision of the City Council shall be stayed. Should the owner, occupant, lessee or mortgagee refuse or neglect to promptly comply with the order of the City Council, the City Council shall proceed to cause the abatement of the described public nuisance.
(Prior Code, § 4-407) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 17-123, 17-556, 18-1720