2167ORDINANCE NO. 2167
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND CHAPTER 6, ARTICLE 3 SECTION 6 -312 OF THE BLAIR
MUNICIPAL CODE RELATING TO TREES THAT ARE DEAD, DISEASED OR
DAMAGED BEYOND RECOVERY, 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 CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1: Chapter 6, Article 3 Section 6 -312 of the Municipal Code of the City of
Blair, Nebraska is hereby amended as follows, to wit:
Sec. 6 -312 MISDEMEANORS; TREES DEAD, DISEASED OR DAMAGED DYING
TREES. All trees and shrubs within the City of Blair shall be pruned or removed when such
trees or shrubs constitute a hazard to life and property, or harbor insects or diseases or are
damaged to the extent they constitute a threat to other trees or shrubs, persons or property within
the City. For the purpose of carrying out the provisions of this Section, the City of Blair Police
or Administrative Staff along with staff from the State Forestry Office or a licensed arborist shall
have the authority to enter on private property to inspect the tree(s) or shrub(s) thereon. In the
event the tree(s) or shrub(s) are dead, diseased or damaged beyond recovery notice shall be given
to the owner of the property by mail or personal service and such notice shall allow the said
owner sixty (60) days to remove said tree(s) or shrub(s). In the event the owner is a
non - resident, notice shall be made by publication in a newspaper of general circulation, or by
mail if the name and address is known. In the event of failure of owners to comply with said
notice, the City of Blair shall have the authority to hire a registered contractor to prune or remove
said tree(s) or shrub(s) and the City of Blair assess the cost of said pruning to the property owner.
If the owner fails to reimburse the City of Blair after being properly billed, the cost with interest
may be assessed against the real estate and the City Clerk shall have the assessment filed as a
lien against the real estate and certified to the City of Blair to be collected in the manner
prescribed by law. In the event the property owner is a non - resident of Washington County the
City of Blair 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. Failure
to remove any said tree shall be deemed to be a Class III misdemeanor. (Ref. 16 -230, 18 -1720,
28 -1321 RS Neb.)
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION3. That this ordinance shall be in force and take effect from and after its passage,
approval and publication as provided by law.
ATTEST:
(SEAL)
PASSED AND APPROVED THIS 14TH DAY OF JULY, 2009.
BRENDA R. WHEELER, CITY CLERK
STATE OF NEBRASKA )
) SS
COUNTY OF WASHINGTON )
CITY OF BLAIR, NEBRASKA
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 14th day of
July, 2009.
BRENDA R. WHEELER, CITY CLERK