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(A) The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way or bounds of all streets, alleys, lanes, squares and public grounds as may be necessary to ensure the public safety.
(B) The city may remove, or cause or order to be removed, any tree on public property, or part thereof, which is in an unsafe condition or which by reason of its nature is injurious to electric power lines or other public improvements or is seriously affected with any fatal disease.
(C) The adjoining property owners shall have the right to perform normal tree care on all street trees.
(D) Infected or diseased trees, or parts thereof, in a dead or dying condition on public lands shall be removed as warranted by the State Forester or the Forester’s designee and disposed of by the Public Works Department within a reasonable amount of time of the discovery that the conditions exist. The cost thereof shall be borne by the city without being assessed to the adjoining property owner.
(Prior Code, § 96.04) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001)
(A) No person shall plant or remove a street tree without first obtaining a permit from the Public Works Department and paying the required fee. The owner of the property shall be responsible to obtain the necessary permit required for each occurrence at a specific property. Permits shall be valid for six months from the date of issuance. In case of a house moving, the tree service shall be responsible to obtain a permit to prune street trees along the route on which the house is to be moved. Tree trimming or pruning must be done in accordance with Nebraska Guide #G91-1035.
(B) For the purpose of house moving, the tree service must trim or prune just ahead as the building is being moved. If the work is not satisfactory in the opinion of the city, the city may make necessary corrections and assess the cost to the tree service. The tree service may then also be suspended from doing work on street trees for any given length of time. The tree service shall also be responsible for obtaining permission from the property owner if a tree on private property needs to be pruned because of the moving.
(C) Tree services are responsible to check with and verify that the owner has the required permits for planting or removal of street trees, whichever may be the case before work begins. Fees required for any permits will be set by resolution.
(Prior Code, § 96.05) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
No person shall remove any street tree without replacing the tree with a tree or trees listed as Class I or II in the vicinity of the removed tree, which may include private property, or in another location in the city if no suitable location exists in the vicinity. Replacement tree size must be of one and one-half inch caliper or greater and must be replaced in the following time frame. If a tree is removed after November 15, it must be replaced by May 15 of the following year. If the tree is removed after May 15, it must be replaced by November 15 of the same year. Waivers for tree size or species are obtainable from the Public Works Department. If a person does not wish to plant back or in another location, he or she shall make compensatory payment to the city. The compensatory payments shall be paid to the City Clerk’s office and used solely for the purpose of enhancing the community forest. The compensatory payment amount shall be set by resolution. A tree can be planted in a private yard if planting on the city right-of-way or making a compensatory payment is not desired.
(Prior Code, § 96.06) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
It shall be unlawful as a normal practice for any person or city department to top any street, park or other tree on public property. TOPPING, ROUNDING OFF or POLLARDING is defined as the systematic cutting back of limbs within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the Public Works Department.
(Prior Code, § 96.07) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
All trimming or pruning of street trees must be done in accordance with Nebraska Guide #G91-1035. If work on street trees is not satisfactory in the opinion of the city, the city may make necessary corrections and assess the cost to the tree service or individual. A suspension from doing work on street trees may also apply for any given length of time.
(Prior Code, § 96.08) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
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