(A) 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 Governing Body. 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 Governing Body, be deemed to be a nuisance. When any such tree is declared to be a nuisance, the Governing Body shall order, with proper notice, the tree removed at the expense of the owner of the property adjacent to the sidewalk space upon which the tree has been unlawfully planted. If the property owner fails, or neglects, to remove, or cause to be removed, that tree, the Governing Body shall order 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.
(B) In the event the property owner is a nonresident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the nonresident property owner. The last known address shall be that address listed on the current tax rolls at the time the required notice was first published.
(C) 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.
(1990 Code, § 8-103) Penalty, see § 10.99
Statutory reference:
Related state law provisions, see Neb. RS 17-557.01, 18-1720