[Amended 8-3-2021 by Ord.
No. 1286]
Are herein defined as trees which by their nature attain
heights greater than 45 feet at maturity.
Is the body provided for in Section 2-105.
Are herein defined as trees, shrubs, bushes and all other
woody vegetation in public parks and all areas owned by the City,
or to which the public has free access.
Are herein defined as trees which by their nature do not
normally attain heights greater than 25 feet at maturity.
Are herein defined as trees, shrubs, bushes and all other
woody vegetation on land lying between property lines on either side
of all streets, avenues or ways within the City.
[Amended 8-3-2021 by Ord.
No. 1286]
The Park and Tree Commission shall maintain a list of tree species,
listed by common name, constitutes the official tree species for the
City of Ralston, County of Douglas, State of Nebraska. This listing
of trees shall be maintained at the City Offices of the City of Ralston,
Nebraska. This official list will be updated on a regular basis and
to be approved by the City Council.
[Amended 8-3-2021 by Ord.
No. 1286]
No Street Trees or Park Trees other than those species in the
recommended list, or species specifically approved by the Park and
Tree Commission, may be planted under or within 10 feet lateral feet
of any overhead utility wire, or over or within five feet lateral
feet of any underground water line, sewer line, transmission line
or other utility line, wire or main. No Street Tree shall be planted
within 10 feet of any fire hydrant.
[Amended 8-3-2021 by Ord.
No. 1286]
1.
The City shall have the right, after notifying the property owner(s)
and allowing reasonable time for them to eliminate the problem(s),
to plant, prune, maintain or remove Street Trees or Park Trees within
the lines of all streets, alleys, avenues, lanes, squares and public
grounds, as may be determined necessary to ensure public safety or
to preserve or enhance the symmetry and beauty of such public grounds
and after approval by the Park and Tree Commission or authorized agent.
2.
The Park and Tree Commission or authorized agent may, after notifying
the property owner(s) and allowing reasonable time for them to eliminate
the problem(s), cause or order to be removed any Street Tree or Park
Tree or part thereof which is in an unsafe condition or which, by
reasons of its nature, is injurious to sewers, electric power lines,
gas lines, water lines, or other public improvements, or is affected
with an injurious fungus, insect or other pest.
3.
The Utility Companies may remove, at their expense, trees or parts
thereof which are injurious to their utility lines, after negotiating
with the property owner(s).
4.
No person or property owner shall remove any live Street Tree or
Park Tree for any reason without written permission of the Park and
Tree Commission, or authorized agent or City employee. Provided, however,
when said utility companies confront an emergency situation, they
have the authority to trim or remove the trees or parts thereof at
their own discretion and expense.
(Ref. 16-207, 16-248, RS Neb.)
[Amended by Ord. No. 1091, 8-19-2004; 8-3-2021 by Ord. No. 1286]
It shall be unlawful for any person, firm, or City department
to deviate from accepted methods of good arboricultural practice by
topping any street tree, park tree, or any other tree on public or
private property.
Topping is defined as the severe cutting back of limbs to stubs
larger than three inches in diameter within the tree's crown to such
a degree as to remove the normal canopy, disfigure the tree, and result
in decay of the trunk and main branches. Trees severely damaged by
storms or other causes, or certain trees under utility wires or other
obstructions where accepted pruning practices are impractical may
be exempt from this section at the determination of the Park and Tree
Commission.
Arborists or utility companies trimming any public or private
trees must follow the trimming guidelines set in the ANSI A300 Pruning
Standard.
[Amended 8-3-2021 by Ord.
No. 1286]
1.
All trees and shrubs within the City shall be pruned when such trees
or shrubs obstruct the light from any street lamp, obstruct the visibility
of any traffic control device or sign, obstruct the passage of pedestrians
on sidewalks, or obstruct the view of any street or alley intersection.
The minimum clearance of any overhanging should be 15 feet on all
arterial and collector streets and 12 feet on all residential streets
and eight feet over sidewalks.
2.
All shrubs and hedges defined as Street Trees in this Article shall
be kept trimmed by the abutting property owner at least 15 feet back
from all curbs, sidewalks, driveways or alleys; and the same shall
at all times be kept trimmed to a height not greater than 30 inches
above the top of the curb unless the Park and Tree Commission, for
other than corner lots, determines that a greater height would not
constitute a hazard to pedestrians or vehicular traffic.
3.
a.
The Park and Tree Commission or authorized agent shall notify, in
writing, the owners of such trees or shrubs on private property. Pruning
or removal shall be done by said owners at their own expense within
30 days after the date of notification.
b.
Within five days after receipt of notice to prune or remove, the
owner of such trees or shrubs may request a hearing with the City
to appeal the requested action by filing a written appeal with the
office of the City Clerk. A hearing on the appeal shall be held within
14 days after the filing of the appeal and shall be conducted by the
Board of Health. The Board of Health shall render a decision on the
appeal within five business days after the conclusion of the hearing.
If the appeal fails, the City may have such work done.
c.
In the event of failure of owners to comply with said notice, the
City shall have the authority to prune or remove said trees or shrubs
and assess the cost of said pruning or removal to the property owner.
If the owner fails to reimburse the City after being properly billed,
the cost may be assessed against the real estate and the Governing
Body shall have the assessment certified to the County Treasurer and
the same shall be collected in the manner as provided by law.
|
(Ref. 16-207RS Neb.)
|
[Amended 8-3-2021 by Ord.
No. 1286; 2-15-2022 by Ord. No. 1302]
2.
Enforcement of this Section shall be by the following procedure:
a.
The Park and Tree Commission or its authorized agent shall have the
power and authority to prune or remove, or order the owner thereof
to prune or remove, any such trees or shrubs on private property.
The Park and Tree Commission or its authorized agent shall notify,
in writing, the owners of such trees or shrubs. Pruning or removal
shall be done by said owners at their own expense within 30 days after
the date of notification.
b.
Within five days after receipt of notice to prune or remove, the
owner of such trees or shrubs may request a hearing with the City
to appeal the requested action by filing a written appeal with the
office of the City Clerk. A hearing on the appeal shall be held within
14 days after the filing of the appeal and shall be conducted by the
Board of Health. The Board of Health shall render a decision on the
appeal within five business days after the conclusion of the hearing.
If the appeal fails, the City may have such work done.
c.
In the event of failure of owners to comply with said notice, the
City shall have the authority to prune or remove said trees or shrubs
and assess the cost of said pruning or removal to the property owner.
If the owner fails to reimburse the City after being properly billed,
the cost may be assessed against the real estate and the City Council
shall have the assessment certified to the County Treasurer and the
same shall be collected in the manner provided by law.
|
(Ref. 16-248 RS Neb.)
|
[Amended 8-3-2021 by Ord.
No. 1286]
[Amended 8-3-2021 by Ord.
No. 1286]
Unless specifically authorized by the Parks and Tree Commission,
no person shall intentionally damage, cut, carve, transplant, or remove
any Street Tree or Park Tree; attach any rope, wire, nails, advertising
posters or other contrivance to such trees; allow any gaseous liquid
or solid substance which is harmful to such trees to come in contact
with them; or set fire or permit any fire to burn when such fire or
the heat thereof will injure any portion of such trees. The preceding
restrictions do not apply to proper planting, staking and guying practices.
(Ref. 16-207, RS Neb.)
[Amended 8-3-2021 by Ord.
No. 1286]
1.
All Street Trees or Park Trees near any excavation or construction
of any building, structure or street work, shall be guarded with a
substantial fence, frame or box not less than four feet height and
eight feet square, and all construction materials, soil or other debris
shall be kept outside the barrier. This shall be the responsibility
of the persons or firms doing the construction work.
2.
No person shall excavate any ditches, tunnels, trenches, or lay any
drive within 10 feet of any Street or Park Tree without first obtaining
written permission from the Park and Tree Commission.
3.
No person shall deposit, place, store, or maintain upon any public
property of the City, any stone, brick, sand, soil, concrete or other
material which may impede the free passage of water, air and fertilizer
to the roots of any Street Tree or Park Tree, except by written permission
of the Park and Tree Commission.
(Ref. 16-207, 16-248, RS Neb.)
[Amended 8-3-2021 by Ord.
No. 1286]
All stumps of Street and Park Trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground. (Ref. 16-207, RS Neb.)
[Amended 8-3-2021 by Ord.
No. 1286]
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating, or removing Street or
Park Trees within the City without first providing the City Clerk
with evidence of possession of liability insurance in the minimum
amounts of $50,000 for bodily injury and $100,000 property damage
indemnifying the City or any person injured or damaged resulting from
the pursuit of such endeavors as herein described.
[Amended 8-3-2021 by Ord.
No. 1286]
In addition to the duties and responsibility herein conferred
upon the Park and Tree Commission, it shall be the further duty and
responsibility of the Park and Tree Commission to develop and present
to the City Council, each year, no later than February 1 of each year,
a one and four year plan designating the location, replacement of
trees within the area of control of the City. The City Council, after
public hearing, may approve said one and four year plan, modify same,
or reject same in whole or in part as the City Council may deem in
the best interest of the City.
[Amended 8-3-2021 by Ord.
No. 1286; 2-15-2022 by Ord. No. 1303]
It is unlawful for any person, firm or corporation to plant shade trees or shrubberies between the outer sidewalk line and curb line, or to plant shade trees, shrubberies or other foliage within 12 feet of curb line; nor, shall any person, firm or corporation plant, grow, keep or maintain any hedge, bush, shrubbery or tree of any kind or nature within the triangle formed by the adjacent curb line of two intersecting streets and the line joining points distant 35 feet on each side line from their points of intersection. It is unlawful for any person, firm or corporation to plant any hedge, shrubbery or foliage adjacent to or closer than two feet to any side lot line; nor, shall any person, firm or corporation plant any tree adjacent to or closer than five feet to any side lot line. Any person, persons, firm or corporation who violates any of the provisions of this section shall, upon conviction, be punished as provided in § 1-106 and shall, in addition to punishment, remove trees, shrubbery or foliage planted in violation of this section.
