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.