(A) Authority of Public Works Director. The Public Works Director or authorized designee shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all street rights-of-way, alleys, avenues, lanes, squares, and public grounds as may be necessary to ensure public safety. The Public Works Director or authorized designee may order any property owner to trim, prune, or remove any tree, shrub, plant, or vegetation within the lines of the street right-of-way or alley abutting upon the owner's property, and failure to comply with the order after ten days' notice shall be deemed a violation of this chapter.
(B) Dangerous trees. Any tree or shrub growing in a parking strip or any public place or in private property, which is in danger or which in any way may endanger the security or usefulness of any public street, sewer or sidewalk, is hereby declared a public nuisance and the city may remove or trim the tree or shrub or may require the property owner to remove or trim any tree or shrub on private property or in a parking strip abutting upon the owner's property. The City Manager or authorized representative shall give notice to abate and remove the nuisance and notice of the right to a hearing and the manner in which it may be requested to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. Within 30 days after the receipt of the notice, if the owner or occupant of the lot or piece of ground does not request a hearing or fails to comply with the order to abate and remove the nuisance, the city may have the work done and may levy and assess all or any portion of the costs and expense of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied or assessed.
(C) Removal of dead street trees. It is hereby declared a nuisance for any property owner to permit, allow or maintain any dead or diseased trees within the right-of-way streets, within the corporate limits of the city and adjacent to the property owner's property. The City Manager or authorized representative shall give notice to abate and remove the nuisance and notice of the right to a hearing and the manner in which it may be requested to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. Within 30 days after the receipt of the notice, if the owner or occupant of the lot or piece of ground does not request a hearing or fails to comply with the order to abate and remove the nuisance, the city may have the work done and may levy and assess all or any portion of the costs and expense of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied or assessed.
(D) Planting of street trees by adjacent property owners. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of trees is in accordance with § 96.03.
(Prior Code, § 4-505) (Ord. 2003-2660, passed 6-16-2003; Ord. 2012-2872, passed 6-4-2012)
Statutory reference:
Authority, see Neb. RS 16-207, 16-231, 18-1720
Similar state law provisions, see Neb. RS 16-248