(A) (1) 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 City or within its extraterritorial zoning jurisdiction.
(2) 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. Notice shall be given by mailing a copy of the notice by certified mail to the owner or the owner's duly authorized agent and by first class mail to the occupant, if any. Such mail shall be conspicuously marked as to its importance. Notice shall also be given on the same day as the mail is sent to the owner, the owner's duly authorized agent and occupant by conspicuously posting the notice on the real estate upon which the violation is to be abated and removed. The notice shall be printed on 8½ x 11 inch paper in no less than twelve (12) point type and shall describe the violation and reference this section. Within five (5) days after receipt of such notice or posting of the notice on the real estate, the owner or occupant of the lot or piece of ground may request a hearing with the Municipality to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the City Clerk. A hearing on the appeal shall be held within fourteen (14) days after the filing of the appeal and shall be conducted by the City Council. The City Council shall render a decision on the appeal within five (5) business days after the conclusion of the hearing. If the appeal fails, the City may have the work done to abate and remove the dead or diseased trees. Within five (5) days after receipt of such notice or posting of the notice on the real estate, if the owner or occupant of the lot or piece of ground does not request a hearing with the City or fails to comply with the order to abate and remove the nuisance, the City may have such work done. The City 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 as a special assessment. (Ref. 17-555 RS Neb.)
(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 City or within its extraterritorial zoning jurisdiction. The provisions in division (A)(2) shall apply to such nuisances. For the purpose of carrying out the provisions of this section, the City Administrator or agent shall have the authority to enter upon private property to inspect the trees thereon. (Ord. No. 294, 8/4/87) (Amended by Ord. Nos. 923, 5/17/16; 954, 5/2/17)