Loading...
2139ORDINANCE NO. 2139 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING SECTIONS 8 -108, 6 -319, 6- 319.01, 6- 319.03 AND ADDING SECTIONS 8 -108.1 AND 8 -108.2 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, ALL IN REFERENCE TO TREE PLANTING ON CITY RIGHT OF WAY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 8 -108 of the Municipal Code of the City of Blair, Nebraska is hereby amended in its entirety as follows, to wit: Sec. 8 -108 MUNICIPAL PROPERTY; TREES. No person or persons shall plant any tree or trees on the public right of way unless in full compliance with this section of the municipal code and outlined in Section 8 -108.1 and 8- 108.2. SECTION 2. Section 8 -108.1 and 8 -108.2 of the Municipal Code of the City of Blair, Nebraska is hereby added in its entirety as follows, to wit: Sec. 8 -108.1 RIGHT OF WAY TREE RESTRICTION. Any individual desiring to plant trees on city right of way shall: 1. First apply for a permit from the City Clerk's office, which permit fee will be set and determined from time to time as necessary by the Mayor and City Council, by resolution, and said fees shall be appended to the Municipal Code as part of an appendix titled "Permit, License and Application Fees ", and shall be on file at the office of the Municipal Clerk and available for public inspection during regular office hours of the said Municipal Clerk. 2. Sign a recordable agreement, which shall be recorded against the real property adjoining the right of way and owned by the individuals) owning the property and requesting the permit stating they and /or their assigns shall be responsible for the perpetual care, maintenance and removal of said tree(s). 3. Agree not to plant any tree(s) closer than ten (10) feet to a curb or fifteen (15) feet from the shoulder of the road if there is no curb. 4. Agree not to plant any tree(s) closer than six (6) feet of any sidewalk. 5. Plant any tree(s) in conformance with Section 6 -319. Sec. 8 -108.2 FAILURE TO APPLY FOR A TREE PLANTING PERMIT. Any tree planted in the public right of way without a tree permit as required by the Municipal Code after the adoption date of this Section shall be deemed to be unlawfully planted and growing and shall, at the discretion of the Governing Body, be deemed to be a nuisance. When any such tree is declared to be a nuisance, the Governing Body shall order, with proper notice, the tree removed at the expense of the owner of the property adjacent to the street right of way upon which the tree has been unlawfully planted. If the property owner fails or neglects to remove or cause to be removed the said tree, the Governing Body shall order the same removed and assess the expense of such removal against the property adjacent to the sidewalk space wherein the tree is planted and growing. In the event the property owner is a non - resident 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 non - resident 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. Nothing in this Section shall be construed to apply to any existing trees now growing within the street right of way. SECTION 3. Section 6 -319 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to wit: Sec. 6 -319 MISDEMEANORS; DEFINITION OF TERMS AS APPLIED TO PROVISIONS CONCERNING TREES. For the purposes of Sections 6- 319.01 through 6- 319.09 inclusive the following definitions apply: 1 Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on Municipal right -of -ways, on all streets, avenues, boulevards, alleys, or other transportation ways within the Municipality. 2. Park trees are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks and all other public lands owned by the Municipality. 3. Small trees are defined as Crab Apple (small or no fruit only), Golden Rain Tree, Hawthorne (by special permission only), Hop Hornbean, Japanese Tree Lilac, Maple as follows: Amur Maple, Compectre or Hedge Maple, Tartarian Maple, Callery Pear in variety, and Redbud. 4. Medium trees are defined as Amur Cork Tree, Birch as follows: Monarch Birch, Canoe birch, River Birch; Buckeye as follows: Ohio or Yellow; Ginkgo, Linden as follows: Littleleaf and Edmond; Oak as follows: Bur, English, Sawtooth, Shingle, Swamp White, Pagoda Tree, Yellow Wood. 5. Large trees are defined as Hackberry, Honeylocust (thornless and padles only), Horse Chestnut, Kentucky CoffeeTree, Maple as follows: Black and Sugar; Oak as follows: Black, Red, Scarlet, White. (Amended by Ord. No. 1338, 12/14/82) SECTION 4. Section 6- 319.01 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to wit: Sec. 6- 319.01 MISDEMEANOR; PLANTING OF TREES. It shall be unlawful for any person, firm, City Department, or other entity to plant any species of street trees in violation of Section 8- 108.1. SECTION 5. Section 6- 319.03 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to wit: Sec. 6- 319.03 MISDEMEANORS; PLANTING DISTANCE FROM CURB AND SIDEWALK OF PARK AND STREET TREES. It shall be unlawful for any person, firm, corporation, City Department, or any other entity to plant street trees or park trees in violation of Section 8- 108.1. SECTION 6. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED THIS 8TH DAY OF APRIL, 2008. ATT1 ST: G t - BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA By J • ME ') E. REALPH, MAYOR BRENDA R. 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 at a regular meeting of the Mayor and City Council of said City held on the 8th day of April, 2008. / L.l f Jam._ // BRENDA R. WHEELER, CITY CLERK Neias UNIVERSITY Of Lincoln August 20, 2007 Allen Schoemaker 218 South 16 Street Blair, NE 68008 Dear Allen, This letter is in regards to the tree list you recently sent to me asking my recommendations on what to remove from the list. Due to the threat of Emerald Ash Borer, I would remove the Marshall Seedless Ash and the Emerald Ash from the medium growing trees. I would not reduce the list any further than this as reducing the number of trees to plant makes it harder to increase the diversity of the community's tree resources. It is diversity that helps to reduce disease and insect problems creating a stronger and healthier tree community. If you have any further questions or concerns, or need more materials, please contact me at (402) 472 -1382 or by email at /mur°r^ow2nzrni.edzr. Sincerely, Chip Murrow Community Forester Assistant Nebraska Forest Service INSTITUTE OF AGRICULTURE AND NATURAL RESOURCES NEBRASKA FOREST SERVICE iNRESCIRIST MW 4012AUM 103 Plant Industry / P.O. Box 830815 / Lincoln, NE 68583 -0815 / (402) 472 -2944 / Fax (402) 472 -2964 / http: / /www.nfs.unl.edu Small Trees Crab Apple — Flowering (small or no fruit) Golden Rain Hawthorn (Permission Only) Hop Hornbean Japanese Tree Lilac Amur Maple Hedge Maple (slow growing) Tartarian Maple Callery Pear (in variety) Redbud City of Blair Tree List Ordinance 1338 Medium Trees Amur Cork Marshalls Seedless Ash Mountain Ash *Monarch Birch *Canoe Birch *River Birch Ohio Buckeye Yellow Buckeye Ginkgo Littleleaf Linden Redmond Linden Bur Oak English Oak Sawtooth Oak Shingle Oak Swamp White Oak Pagoda Tree Yellow Wood Emerald Ash ''r" Large Trees Hackberry Honeylocust (Thornless &Podless Only) Kentucky Coffee Tree Black Maple Sugar Maple Black Oak Red Oak Scarlett Oak White Oak * Birches -- Single stem ONLY to be planted on streets. ** Trees other than those listed above may be planted ONLY after written permission has been obtained from the Director of Public Works.