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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
(A) Clearance over walkways shall be the responsibility of the abutting property owners. A clearance of no less than eight feet shall be maintained over walkways, and a clearance of no less than 14 feet shall be maintained over streets and alleys. Property owners are responsible to maintain the eight-foot height on street and private trees over walkways so that they will not inhibit the passage of pedestrians. This is to ensure safety of persons using the sidewalks. Property owners should report any infractions of street trees that abut their property to the Director of Public Works who will evaluate the situation and take appropriate action at city expense. It shall be the duty of the city to trim any trees to the 13 feet above the streets height so that they will not inhibit the passage of vehicles.
(B) It shall be the duty of the utility company to trim any trees within or in close proximity to utility lines.
(C) If any trees are permitted by the owners of the adjacent premises to grow untrimmed in violation of the provisions of this section, it shall be the duty of the Public Works Department to notify the owner in writing to trim the trees within the time and manner to be specified in the notice. If any person so notified shall neglect or refuse to comply with the notice, the Public Works Department shall forthwith cause the trees to be trimmed at the expense of the city and the costs thereof assessed against the property.
(Prior Code, § 96.09) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
The city shall have the right and responsibility to cause to be removed any tree within the city limits that is diseased or dead on public land. All trees that have been designated for removal due to disease or infestation shall be properly disposed of at a site determined by the city. All trees which require burning as prescribed by the State Forester as a proper means of disposal shall be burned by the city in accordance with relevant state law.
(Prior Code, § 96.10) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001)
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