Loading...
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
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the city without first applying for and procuring a license. The license fee shall be an amount as set forth in the city’s fee schedule annually in advance; provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of his or her public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 for property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(Prior Code, § 8-421) Penalty, see § 10.99
(A) Trees of all species and varieties of elm, zelkova, and planera infected with the fungus Ceratostomella Ulmi, as determined by laboratory analysis, are hereby declared to be a public nuisance, and shall be removed and burned.
(B) Trees or parts thereof, of elm, zelkova, or planera in a dead or dying condition that may serve as breeding places for the European Elm Bark Beetle, Scolytus, Multistriatus, are hereby declared to be a public nuisance, and shall be removed and burned.
(Prior Code, § 8-422)
Statutory reference:
Related provisions, see Neb. RS 18-1720
The Utilities Superintendent is charged with enforcement of §§ 94.14 and 94.16 through 94.18, and to that end, may enter upon private property at all reasonable hours for purposes of inspecting trees thereon, and may remove such specimens as are required for purposes of analysis to determine whether or not the same are infected. It shall be unlawful for any person to prevent the Utility Superintendent from entering on private property for purposes of carrying out his or her duties hereunder, or to interfere with such Utilities Superintendent in the lawful performance of his or her duties under the provisions of this chapter.
(Prior Code, § 8-423) Penalty, see § 10.99
(A) Burning. If trees on private property are found to be infected or in a dead or dying condition, the Utilities Superintendent shall give to the owner of the premises where the same are situated, written notice of the existence of such disease or of the dead or dying condition of such trees or parts thereof; and require the removal and burning of the same under the direction and supervision of the Utilities Superintendent. Such notice shall also notify the owner of the premises that if such tree is not removed and burned after five days notice by publication or personal service, the city will proceed with the removal and burning of the same, and assess the cost thereof against the property in accordance with the provisions of this chapter.
(Prior Code, § 8-424)
(B) Service of notice. Service of notice shall be by personal service where the owner of said premises is a resident of the city. When the owner is a nonresident, said notice shall be served by registered mail addressed to such owner at his or her last known address, as shown on the records in the office of the County Assessor, and by publication at least one time in a newspaper of general circulation in the city.
(Prior Code, § 8-425)
Loading...