(A) 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 municipality.
(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 municipality. For the purpose of carrying out the provisions of this section, the municipal Police shall have the authority to enter upon private property to inspect the trees thereon.
(C) 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, by personal service or certified mail. Within 30 days after the receipt of such 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 municipality may have such work done and 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 in the same manner as other special taxes for improvements are levied or assessed.
(`77 Code, § 4-307) (Ord. 1995-O-019, passed 6-5-95)
Cross-reference:
Overhanging branches prohibited, see § 94.06
Trees near lot line or on public ground, see § 94.03
Statutory reference:
Authority to regulate and abate dead and diseased trees, see Neb. RS 17-555
Authority to regulate and abate nuisances, see Neb. RS 18-1720
Nuisances prohibited, see Neb. RS 28-1321