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(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.
(Prior Code, § 8-416)
Unless specifically authorized by the City Council, no person shall intentionally damage, cut, carve, transplant, or remove any street tree or park tree; attach any rope, wire, nails, advertising posters or other contrivance to such trees; allow any gaseous liquid, or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of such trees. The preceding restrictions do not apply to proper planting, staking, and guying practices.
(Prior Code, § 8-417)
(A) All street trees or park trees near any excavation or construction of any building, structure, or street work, shall be guarded with a substantial fence, frame, or box not less than four feet high and eight feet square and all construction materials, soil, or other debris shall be kept outside the barrier.
(B) No person shall excavate any ditches, tunnels, trenches, or lay any drive within ten feet of any street or park tree without first obtaining written permission from the City Council.
(C) No person shall deposit, place, store, or maintain upon any public property of the city, any stone, brick, sand, soil, concrete, or other material which may impede the free passage of water, air, and fertilizer to the roots of any street tree or park tree, except by written permission of the City Council.
(Prior Code, § 8-418) Penalty, see § 10.99
It shall be unlawful for any person to prevent, delay, or interfere with the City Council, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter.
(Prior Code, § 8-420) Penalty, see § 10.99
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