No person, or persons, shall plant, or allow to grow, any tree within the sidewalk space without first making a written, or verbal, application to, and receiving a written permit from, the City Council. Any tree planted within the sidewalk space after the adoption date of this section shall be deemed to be unlawfully planted and growing and shall, at the discretion of the City Council, be deemed to be a nuisance. When any such tree is declared to be a nuisance, the City Council shall order, with proper notice, the tree removed at the expense of the owner of the property adjacent to the street space upon which the tree has been unlawfully planted. If the property owner fails, or neglects, to remove, or cause to be removed, the tree, the City Council shall order, with proper notice, the same removed and assess the expense of the removal against the property adjacent to the sidewalk space wherein the tree is planted and growing. No fee shall be charged for the permit, and nothing in this section shall be construed to apply to any existing trees now growing within the sidewalk space.
(Neb. RS 17-557.01 and 18-1,720) (1973 Code, § 8-103) Penalty, see § 10.99