Letter CE-2015-0051.tif I
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July 7, 2015
ROBERT C AND VICTORIA J WITTRY
1128 N 28TH AVE
BLAIR, NE 68008 -0000
Dear Property Owner:
A complaint has been received regarding dead tree next to house, in the center, on the north side on your
property located at the above address. Please review the enclosed photo.
This tree was inspected by Mark Hodson, Public Works Superintendent and he determined the tree is dead or
dying from disease and should be removed for safety and sanitation. As shown below, the Blair Municipal
Code Section 6 -312 in part states "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."
The following is a copy of the complete municipal code for your reference regarding trees that are diseased or
damaged:
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Code Description
06 -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.
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218 S 16th Street • Blair, Nebraska 68008 •402.426.4191 • FAX 402.426.4195 • E -mail: cityofblair @ci.blair.ne.us
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Robert C And Victoria J Wittry I
July 7, 2015
Page 2 of 2
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Therefore, based on the above information, you are hereby notified to remove this tree or have the tree
removed by a registered tree contractor. Please contact our office within (15) days to discuss this matter and
confirm you are able to remove this violation within (60) days. If you are unable to remove this tree, the city
will hire a contractor to remove the trees and bill you for the service, giving you (30) days to pay or the city will
assess these charges against your property for payment.
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Again, please contact our office by 7/15/2015 to confirm compliance with this request. If you have any
questions, feel free to contact me.
Thank you for your cooperation in this matter.
Sincerely,
Jeff Beiermann
Code Enforcement Officer
Enc
Cc: Mark Hodson, Street Superintendent
Adam Tripp, City Attorney
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