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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, u 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 2 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 ) ss: CITY OF BLAIR, NEBRASKA RICHARD HANSEN, MAYOR 3 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