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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LARGE TREES. Trees which by their nature attain heights greater than 45 feet at maturity.
MEDIUM TREES. Trees which by their nature normally attain heights of from 25 feet to 45 feet at maturity.
PARK TREES. Trees, shrubs, bushes, and all other woody vegetation in public parks and all areas owned by the city or to which the public has free access.
SMALL TREES. Trees which, by their nature, normally attain heights greater than 25 feet at maturity.
STREET TREES. Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.
(Prior Code, § 8-401)
(A) The following species of trees listed by common name, constitute the official street tree species for the city. No species other than these included in this list may be planted as street trees without written permission of the City Council.
Small Trees | Medium Trees | Large Trees |
Amur Maple Eastern Crabapple Hawthorns Lilac Japanese Tree Pear Plum Redbud Service Berry | Aspen Birch Ginkgo Littleleaf Linden Sweetgum | American Pagodatree Bur Oak Coffeetree Debra Maple Hackberry Honeylocust Linden Northern Red Red Maple Sugar Maple Swamp White Oak Sycamore |
(B) The City Council shall review and approve all tree planting plans for park trees, as defined in § 94.01.
(Prior Code, § 8-407)
(1) Small trees: 30 feet;
(2) Medium trees: 40 feet; and
(3) Large trees: 50 feet.
(Prior Code, § 8-408)
(B) Distance from curb and sidewalk.
(a) Small trees: two feet;
(b) Medium trees: three feet; and
(c) Large trees: four feet.
(2) Street trees shall be centered between the curb and sidewalk or aligned with existing street trees; except in special situations approved by the City Council. In areas with no curbs or sidewalks, or less than four feet between the curb and sidewalk, no street trees shall be planted without written permission from the City Council.
(Prior Code, § 8-409)
(C) Distance from street intersections, driveways and alleys. No street tree or park tree shall be planted within 35 feet of any street intersection measured from the point of nearest intersecting curbs or curb lines or within 15 feet of any driveway or alley.
(Prior Code, § 8-410)
(D) Distance from utility lines. No street trees or park trees other than those species listed as small trees in § 94.02, or species specifically approved by the City Council, may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility line, wire, or main. No street tree shall be planted within ten feet of any fireplug.
(Prior Code, § 8-411) Penalty, see § 10.99
(A) The city shall have the right to plant, prune, maintain, and remove street trees or park trees within the lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(B) The City Council may remove or cause or order to be removed any street tree or park tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is infected with any injurious fungus, insect, or other pest.
(C) No person or property owner shall remove any live street tree or park tree for any reason without written permission of the City Council. Utility personnel may remove trees or parts thereof which are injurious to their utility lines at their expense upon obtaining permission for such removal or trimming from the City Council. This section does not prohibit the planting of street trees by abutting property owners providing that the selection and location of said trees is in accordance with § 94.03.
(Prior Code, § 8-412) Penalty, see § 10.99
It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter 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, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the City Council.
(Prior Code, § 8-413) Penalty, see § 10.99
(A) All trees and shrubs within the city shall be pruned or removed when such trees or shrubs obstruct the light from any street lamp, obstruct the visibility of any traffic control device or sign, obstruct the passage of pedestrians on sidewalks, or obstruct the view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be 12 feet over all streets and eight feet over sidewalks.
(B) All shrubs and hedges defined as street trees in this chapter shall be kept trimmed by the abutting property owner at least two feet back from all curbs, sidewalks, driveways, or alleys; and the same shall at all times be kept trimmed to a height not greater than 30 inches above the top of the curb unless the City Council, for other than corner lots, determines that a greater height would not constitute a hazard to pedestrian or vehicular traffic.
(C) The City Council shall have the power and authority to prune or remove, or order to prune or remove, any such trees or shrubs on private property. The City Council shall notify in writing the owners of such trees or shrubs. Pruning or removal shall be done by said owners at their own expense within 60 days after the date of notification. In the event of a failure of owners to comply with said notice, the city shall have the authority to prune or remove said trees or shrubs and charge the cost of said pruning or removal on the owner’s property tax notice.
(Prior Code, § 8-414)
(A) (1) It is hereby declared a nuisance for a 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 or within its extraterritorial zoning jurisdiction.
(2) Notice to abate and remove such nuisance and notice of the right to a hearing and the manner in which it may be requested shall be given to each owner or owner's duly authorized agent and to the occupant, if any. The city shall establish the method of notice by ordinance. 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 14 days after the filing of the appeal and shall be conducted by an elected or appointed officer as designated in the ordinance. 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 benefitted as a special assessment.
(Neb. RS 17-555)
(B) It is hereby declared a nuisance for a property owner to permit, allow, or maintain any dead or diseased trees on private property within the corporate limits of the city or within its extraterritorial zoning jurisdiction. The provisions in division (A)(2) above shall apply to such nuisances. For the purpose of carrying out the provisions of this section, the city police shall have the authority to enter upon private property to inspect the trees thereon.
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