It shall be a violation for any property owner to permit, allow, or maintain any dead or diseased trees within the right-of-way of streets within the corporate limits of the city, and said dead or diseased trees shall constitute an nuisance. Notice to abate and remove such nuisance and notice of the right to a hearing shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal, residential, publication, certified mail, or first class mail. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the city to appeal the decision to abate or remove the nuisance by filing a written appeal with the office of the city clerk. A hearing on the appeal shall be held within fourteen days after the filing of the appeal and shall be conducted by the City Parks and Recreation Director. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing.
If the appeal fails, the city may have the work done to abate and remove the dead or diseased trees. If the owner or occupant of the lot or piece of ground does not request a hearing with the city within five days after receipt of such notice or fails to comply with the order to abate and remove the nuisance, the city may have such work done. The city may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of ground so benefited as a special assessment.
Diseased trees that are dead or dying shall be removed following disposal methods recommended by the Nebraska Forestry Service.
(Amended by Ordinance No. 9690, effective 06-12-2018)