[Ord. 246, 12-7-1987; amended 11-20-2023 by Ord. No. 2023-1016]
The owner of record of real estate abutting upon a public street
in the City may plant a tree or trees of approved species in the portion
or portions of a street or streets abutting such real estate between
the curbline of the street and the owner's property line, but only
after gaining the approval thereof of the Street Superintendent or
their designee in the manner following:
(A) The
owner or owners of record of such real estate shall file a written
request to the Street Superintendent. Said request shall be signed
by said owner or owners, and shall state species, variety, and location.
[1960 Code, Sec. 5.24.090; amended 11-20-2023 by Ord. No. 2023-1016]
The Street Superintendent or their designee has the authority
to remove trees planted in the City's right-of-way at their discretion.
[1960 Code, Sec. 5.24.100; amended 11-20-2023 by Ord. No. 2023-1016]
It shall be the duty of the owners or occupants of property
adjacent to any of the streets, and alleys, or pedestrian pathways
of the City to keep all trees growing upon their premises trimmed.
Any owner or occupant failing to trim such trees as above provided
within 10 days from the date of receiving notice to trim shall pay
a fine of $75 for each tree so neglected to be trimmed, and it shall
be the duty of the Street Superintendent forthwith to trim or cause
the same to be trimmed, at the end of the ten-day period, at the expense
of the homeowner; the notice above required may be given by said Street
Superintendent or any member of the police force of the City, in writing,
left with the owner or occupant or posted upon the premises where
the obstructing trees may be growing. Any and all damage arising from
a neglected tree shall be the sole responsibility of the homeowner.
It shall be the duty of the Street Superintendent to keep all trees,
growing upon any of the streets or public grounds of the City, trimmed
in the manner and form as heretofore provided, unless the owners or
occupants of adjacent property shall keep the same trimmed.
[1960 Code, Sec. 5.24.110; amended 11-20-2023 by Ord. No. 2023-1016]
No contractor or other person shall be permitted to cut or injure
any tree standing in or along any street, alley or other public place
within the City, without the consent of the Street Superintendent
or their designee, under a penalty not exceeding $75.
[Ord. 692, 2-2-2009; amended 11-20-2023 by Ord. No. 2023-1016]
(A) The
species of trees approved for planting upon City right-of-way or property
are: ginkgo, Norway maple, Schwedleri maple, red maple, tulip, red
oak, white oak, willow oak, scarlet oak, American linden, European
linden, pin oak, and oriental plane, honey locust, and sycamore.
(B) In addition
to the species of trees above permitted, other species of trees may
be approved for planting along the streets of the City as may be specified
by the Street Superintendent or their designee.
[Ord. 692, 2-2-2009; amended 11-20-2023 by Ord. No. 2023-1016]
(A) No person
shall plant any of the following named trees in the streets of the
City: evergreens, fruit and nut trees (except oak), box elder, silver
maple, ailanthus, poplar, cottonwood, willow, catalpa, hackberry,
dogwood, white fringe, or elm (including Chinese elm), sweet gum,
and any species of ash tree.
(B) In addition, any owner of property that has a sweet gum tree, Chinese elm tree, or ash tree located within the City's right-of-way may request permission from the Street Superintendent to remove said tree at the owner's expense, via contractor or otherwise. Said removal must include grinding the stump, backfill, restoration, and must be performed by an insured contractor naming the City of Lincoln as an additional insured on the certificate of insurance. The approval of the request may be conditioned upon the agreement of the owner to replace the removed tree by planting a tree listed in Section
8-8-5 of this chapter.
[1960 Code, Sec. 5.24.070; amended 11-20-2023 by Ord. No. 2023-1016]
Any person who shall plant any tree or set any curb or construct
any boulevard otherwise than as provided in Chapter 7 of this title
and this chapter shall pay a fine of not less than $75 nor more than
$500 for each offense; and the Street Superintendent shall at once
remove such curb or tree.