[HISTORY: Adopted by the City Council of the City of Papillion 12-4-1990
as Sec. 6-307 of the 1990 Code. Amendments noted where applicable.]
NEBRASKA STATUTE REFERENCE
Generally — Neb. R.R.S. § 18-720.
All trees of the species and varieties of elm, zelkova and planera that
are in a diseased, dying or dead condition or that may serve as a breeding
place for the European Elm Bark Beetle, Scolytus Multistriatus or other disease
carrying insects are hereby declared to be a public nuisance and shall be
removed from the private property on which they are located upon notice by
the Director of Public Works.
For the purpose of carrying out the provisions of this section, the
Director of Public Works shall have the authority to enter on private property
to inspect the trees thereon.
A.
In the event that the trees are diseased or dead, notice
shall be given to the owner of the property by mail or personal service and
such notice shall allow said owner 10 days to remove and dispose of said tree
or trees.
B.
In the event that the owner is a nonresident, notice
shall be made by publication in a newspaper of general circulation or by mail
if the name and address is known.
C.
The person charged with the removal and burning may enter
into an agreement with the municipality that such work be accomplished by
the municipality and the expense and interest shall be declared to be a lien
upon such property from the time the same becomes due until paid. If the owner
fails, neglects or refuses to enter into such an agreement or to remove the
trees, the Director of Public Works, after 10 days' notice, may enter upon
the property and proceed to direct the removal and burning of the trees and
the cost thereof shall be assessed against the property and certified by the
City Clerk to the County Treasurer to be collected in the manner prescribed
by law.
D.
In the event that the property owner is a nonresident
of the county in which the property lies, the municipality shall, before levying
any special assessment against that property, send a copy of any notice required
by law to be published by means of certified mail, return receipt requested,
to the last known address of the nonresident property owner. The last known
address shall be that address listed on the current tax rolls at the time
such required notice was first published.
Failure to remove and burn said trees shall be deemed to be a Class
II misdemeanor.
