No person, or persons, shall plant, or allow to grow, any tree within the sidewalk space without first making a written, or verbal, application to, and receiving a written permit from the governing body. No person, or persons, shall place or cause to be placed any obstruction upon the sidewalks, curbstones, gutters, crosswalks, and sidewalk space within the municipality. Any tree planted within the sidewalk space, any dead or diseased tree within the street right-of- way, and any obstruction placed or caused to be placed upon the sidewalks, curbstones, gutters, crosswalks, and sidewalk space within the corporate limits shall, at the discretion of the governing body, be deemed to be a nuisance. When any such tree or obstruction is declared to be a nuisance, the governing body shall give written notice, by personal notice or certified mail, to the owner or the owner's duly authorized agent and to the occupant, if any, of the property adjacent to the sidewalk space upon which the tree has been unlawfully, planted, where a dead or diseased tree has been maintained, or where the obstruction has been placed or caused to be placed, to abate and remove the nuisance, and such notice shall include the right to a hearing before the governing body. Within 30 days after the receipt of the notice, if the owner or occupant of the adjacent property does not request a hearing or fails to comply with the order to abate and remove the nuisance, the municipality may have the work done and may levy and assess all or any portion of the costs and expenses of the work upon the lot or lots of ground so benefited in the same manner as other special taxes for improvements are levied and assessed.
(`75 Code, § 8-103) (Ord. 335, passed 3-3-98) Penalty, see § 10.99
Statutory reference:
Authority to remove obstructions, Neb. RS 17-555
Authority to regulate and abate obstructions, Neb RS 17-557 and 17-557.01
Authority to prevent nuisances, Neb. RS 18-1720