2480ORDINANCE NO. 2480
COUNCIL MEMBER SCHANK INTRODUCED THE FOLLOWING RESOLUTION:
AN ORDINANCE TO AMEND THE BLAIR CITY MUNICIPAL CODE, CHAPTER 8,
ARTICLE 4, SECTION 410.01, AND CHAPTER 10, ARTICLE 21, SECTION 2104, BY
AMENDING AND ADDING NEW SECTIONS CONCERNING THE PUBLIC'S ACCESS TO
A FREE TREE AND SHRUB DISPOSAL LOCATION WITHIN THE CITY OF BLAIR AND
ESTABLISHING PENALTIES; ESTABLISHING A METHOD FOR SUSPENSION OR
TERMINATION OF A TREE TRIMMER LICENSE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND PUBLISHING IN
PAMPHLET FORM.
WHEREAS, Nebraska Revised Statute § 16-246 authorizes the City of Blair to have make
all rules and regulations, not inconsistent with state laws as are expedient, for the peace, good
government, and welfare of the city and for protecting the public and private property; and
WHEREAS, the City of Blair determined that it is in the public interest that upon request
before the City Council there exists a need to allow the City to have a designated area on the public
property for residents of Blair and owners of Blair businesses to have an area to dispose of those
entities personal trees and shrubs for free ; and
WHEREAS, the City of Blair identifies that the free tree and shrub disposal site should be
limited to City of Blair residents and owners of businesses in Blair, but also restrict contractors,
landscapers, and third parties from utilizing the free tree disposal area and that there be a limit on
the tree stump size for disposal;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS:
SECTION 1: Section 8-410.01 of the Municipal Code of the City of Blair, Nebraska is
hereby amended as follows, to wit:
See. 8-410.01 TREE AND SHRUB DISPOSAL. The City of Blair may at its own discretion
designate a location, date, and time for Blair Residents and/or Blair Businesses to dispose of trees
or shrubs. If the City of Blair designates a location, date, and time for disposal of trees or shrubs,
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only Blair residents or Blair Businesses that are not contractors, landscapers, tree trimmers, or tree
removers, may dispose of trees and shrubs. Tree stumps shall not be larger than 36 inches in
diameter. If a Blair resident and/or Blair business contracts with a third parry, contractor,
landscaper, tree trimmer, tree remover, or any other similar business to remove its trees and shrubs,
that third party, contractor, landscaper, tree trimmer, tree remover, or other similar business is
prohibited from dumping, disposing, or otherwise using the City of Blair site for disposal of trees
and shrubs. A Blair Resident or Blair Business may only utilize the City of Blair site for the trees
and or shrubs located on the Blair Resident's or Blair Business's own property and not any other
third party's property. Any person who violates this section shall be punished as outlined in
Section 8-701 as a Class III Misdemeanor, as well as any other applicable City Code Section.
SECTION 2: Section 10-2104 of the Municipal Code of the City of Blair, Nebraska is
hereby amended as follows, to wit:
See. 10-2104 TREE TRIMMERS; LICENSE, RENEWALS, REVOCATIONS,
SUSPENSIONS. Any person holding such license applied for under the terms of this Article shall
upon expiration thereof, be entitled to renew the same by applying to the City Clerk on or before
the 201h day of January of the succeeding year and paying said license fee hereinbefore provided;
Provided, that the City Clerk shall not issue such renewal license if he or she shall have been
notified not to do so prior to the application of such renewal, by the Licensing Board.
Any license issued under the terms of this Article may be suspended by the Licensing Board if in
the opinion of such Board there is credible evidence that the holder of such license has failed to
perform his or her work under such license in accordance with the provisions of the City ordinances
and laws of the State of Nebraska and in manner consistent with public health, safety and welfare.
However, if a license holder violates Section 8-410.01 of the Blair City Code, his or her license
may be suspended or revoked by the Board for the violation, regardless of whether the person was
convicted in Court or not, if the Board finds by a preponderance of the evidence that the license
holder violated Section 8-410.01 of the Blair City Code. Written notice of such suspension shall
be served personally by said Board on the license holder, if found in the City, or at his or her usual
place of residence or business if not personally found or, in the case of a nonresident, by mailing
such notice of suspension by certified mail to the business or residence address of the license
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holder as shown by his or her application for license. A hearing on such suspension shall be held
at the time and place stated in the notice of suspension, which shall be held within ten (10) days
and not less than three (3) days of the date of service of the notice or, in the case of a nonresident,
from the date of mailing same, unless the licensee and the Licensing Board shall both agree to a
subsequent time of hearing. If the Licensing Board at such hearing shall determine that the
suspended license should be revoked, it shall enter a written order revoking the license and no
further license under the provisions of the Article shall be issued to the holder of such revoked
license unless so ordered by the City Council.
SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. This ordinance shall be in full force and effect from and after its passage,
approval, and publication as provided by law.
PASSED AND APPROVED ON THE 24TH DAY OF MAY, 2022.
ATTEST:
BY:
CITY CLERK
'o
oRAreo tS�9
STATE OF NEBRASKA
WASHINGTON COUNTY
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ss:
CITY OF BLAIR, NEBRASKA
RICHARD HANSEN, MAYOR
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BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 24th day of
May, 2022.
BRENDA WHEELER, CITY CLERK
0
State of Nebraska, County of Washington
Chris Rhoades, Being by me first duly sworn,
deposes and says that he is the Associate
Publisher of the Pilot -Tribune , a legal weekly
newspaper printed and published at Blair, in
Washington County, Nebraska and of general
circulation in said County and State: that said
newspaper has a bona fide circulation of more
than 3000 copies weekly, in said County: and
has been published in said County for more
than 52 successive weeks prior to the first
publication of the attached notice, that the
attached notice was published in said
newspaper for 1 consecutive week(s) being
the issues of.
5/31/2022
�Date(s)
Chris Rh ssociate Publisher
Subscribed in my presence, and sworn to
before me this date:
May 31, 2022
Notary
G_ENGRAL NOTARY • State of Nebraska
�. iSHAUNA GERKE
My Comm. Exp. July 24, 2023
Cost information
Printers Fee
Aff & billing prep fee
Notary Fee
Copy Fee
Additional Affidavits
25% mins discount
Total Amount Due
$ 21.60
$ 21.60
A I . MIGR e