(A) The City Council finds that there are within the corporate limits of the city numerous trees which are dead or dying. The proximity of many of these trees to streets and other public rights-of-way creates a public safety problem. The City Council finds the number of trees involved and other demands on limited city resources create administrative problems in enforcing the provisions of this article. The City Council therefore confers on the City Manager, or his or her designee, the following discretion to:
(1) Identify trees within the corporate limits of the city that fall within one of the following categories:
(a) Street trees which constitute an immediate hazard to public safety;
(b) Street trees which constitute a hazard to public safety but whose removal can be safely deferred for a period of time; and
(c) Trees which are situated on private property but, because of the proximity to public rights-of-way, constitute a hazard to public safety.
(2) Distinguish between trees in classifications in divisions (A)(1)(a), (A)(1)(b), and (A)(1)(c) above. In the enforcement of this article, the City Manager, or his or her designee, may consider whether a given tree is within divisions (A)(1)(a), (A)(1)(b), or (A)(1)(c) above in determining what enforcement action should be undertaken with regard to such trees and when such action should be undertaken; and
(3) Divide the corporate limits of the city into such enforcement zones as may be determined by the City Manager, or his or her designee, for the purpose of efficiently and economically exercising the enforcement powers conferred upon the city elsewhere in this article.
(B) The City Council states its intention that all decisions and actions or non-actions undertaken pursuant to this article shall be considered discretionary functions within the meaning of the Political Subdivisions Tort Claims Act, being Neb. RS 13-901 et seq.
(Ord. 3270, passed - -1993)