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(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)
After due notice has been served upon the owner of the said premises, it shall thereupon become his or her duty to cause such tree to be removed and burned under the direction and supervision of the Utilities Superintendent. In lieu thereof, the person charged with such removal and burning may enter into an agreement with the city that such work be accomplished by the city at his or her expense; and the expense and any interest shall be, and are hereby declared to be, a lien upon such property whereon such tree was situated from the time the same becomes due until paid. The agreement shall be in such form as the City Attorney may prescribe, to be filed in the office of the County Clerk. If the owner fails, neglects, or refuses to remove or burn such tree, the Utilities Superintendent may, five days after notice is served, enter upon such private property and proceed with the removal and burning of the same; and the cost thereof shall be assessed against the real estate in the manner hereinafter provided. The Utilities Superintendent shall, not later than September 15 of each year, report such costs to the City Council, whereupon the City Council shall, at a regular meeting by resolution, assess such cost, together with any assessment expenses against such real estate: provided that notice of the time of such meeting of the City Council shall be given in the manner provided by law. When such assessment has been made, it shall be certified by the Clerk and delivered to the County Treasurer and shall be collected in the manner provided by law for the collection of general real estate taxes. Such assessment shall be a lien upon such real estate from the date of such assessment and shall become delinquent in the same manner as general real estate taxes under the statutes of the state relating thereto, and shall draw interest after delinquency at the rate of 14% per annum from said date until paid. It shall be the duty of the County Treasurer to collect said tax in the same manner and at the same time as general taxes, and the items of said tax shall be receipted for on the same receipt blanks as general real estate taxes.
(Prior Code, § 8-426)
Infected trees, or trees or parts thereof in a dead or dying condition on public lands, shall be removed and burned by the Utilities Superintendent within five days of his or her discovery that such condition exists, and the cost thereof shall be borne by the city without being assessed to the abutting property owner.
(Prior Code, § 8-427)
(A) Any person desiring to cut or remove trees or branches thereof in close proximity to the lines of the city’s electrical system shall, before doing the said work, give reasonable written notice to the Utilities Superintendent and shall follow any and all rules and regulations which he or she may prescribe for doing such work. It shall be unlawful for any person felling or removing such trees or branches to disrupt or damage the lines without first giving proper notice and receiving permission in writing to do so. Any person felling or removing trees or branches which damage any property of the city, including the electrical lines, will be responsible for said damages.
(B) Whenever it becomes necessary to protect the lines or property of the city’s electrical system, the City Board shall have the power to order the cutting and removal of any overhanging branches or limbs of trees so that the lines will be free and safe with the following exceptions.
(1) Trees interfering with service wires (wires from city poles to the customer’s house or building) will not be trimmed or removed. Arrangements can be made to have the service wire temporarily removed to permit the property owner or contractor to trim or remove the tree. If any person wants their electric service temporarily disconnected to trim or remove a tree, the Utilities Superintendent must be contacted in advance to ensure the availability of city crew at the desired time. The service is not available on Sundays or holidays, and may be delayed due to emergency work.
(2) Trees near street light and yard light wires will not be trimmed by the city under normal circumstances. The city will not trim trees near street lights or yard lights to improve illumination.
(C) If the city requests that a tree be trimmed or removed, all wood cut from the tree will be removed from the property by the city. The city will not remove stumps. The property owner may keep any portion of the wood desired; however, city crews will not cut wood to uniform length or stack the wood.
(D) Wood from fallen trees or wood that has fallen from standing trees is also the responsibility of the property owner. The city will remove broken branches still attached to the tree that are interfering with the wires. The city will not haul away the branches. The wood will be cut only as required to make repairs to the power lines.
(E) Wood that is not wanted by property owners will be made available to the public on the following terms.
(1) Persons who want wood on private property must make arrangements with the property owner.
(2) Tree crews cannot cut wood to uniform size or any smaller than necessary for normal handling.
(3) Tree crews cannot load wood into private vehicles or trailers.
(4) Crews will not stack or separate wood.
(5) Wood and wood chips may be dumped on private or public property with approval of the property owner, only when a savings in crew man hours and equipment hours is evident.
(F) The city will assist property owners and/or their commercial contractors, at their request, with the trimming and removal of trees that are near city electric wires. When a tree trimming request is received, a city representative will make an inspection and explain to the property owner or contractor what the city can do to assist them. City assistance will include:
(1) The temporary rerouting, de-energizing, or removing of electric wires that may be hazardous to workers or that may be damaged by falling tree wood. The city will coordinate with the property owner or contractor the time that the work can be done; and/or
(2) Trimming the tree so that it can be safely removed or trimmed by the property owner or contractor without falling onto the electric wires. All wood cut from the tree will be left on the property owner’s premises. The city is not responsible for cutting wood to size or piling brush. The customer or contractor will be responsible for removing brush that is blocking sidewalks and driveways.
(Prior Code, § 8-428) Penalty, see § 10.99
TREE BOARD
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