ORD 33844 - Amend section 37-55 of municipal code re removal from street ROW •
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City of Omaha
Hal Daub,Mayor n r1 ;
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Law Department • _
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Omaha/Douglas Civic Center CO
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1819 Farnam Street,Suite 804
Omaha,Nebraska 68183-0804 D
(402)444-5115 s _,
Telefax(402)444-5125 J 1�)
Herbert M.Fitle
City Attorney
Honorable President
and Members of the City Council,
The purpose of the attached ordinance, prepared at the request of Council
President Lee Terry, is to amend Section 37-55 of the Omaha Municipal Code
to provide for sharing the cost of removal of trees located within the street right
of way or alleys equally between the City and the abutting property owner.
Respectfully submitted,
�j �IVI
:�•• . Cavel
Assistant City Attorney
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ORDINANCE NO. , ?f 7 y ���afiledf
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1 AN ORDINANCE to amend Section 37-55 of the Omaha Municipal Code entitled "Removal from
2 street rights-of-way.";to repeal Section 37-55 as heretofore existing; and to provide for the
3 effective date hereof.
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
5 Section 1. That Section 37-55, Article III., Chapter 37 of the Omaha Municipal Code is
6 hereby amended to read as follows:
7 "Sec. 37-55. Removal from street rights of way.
8 () Whenever any tree located within the area of a street right-of-way or alley is
9 dead or structurally unsound and a hazard to person or property,the city may
10 remove or cause said tree to be removed and the costs of such removal,
11 within amounts authorized therefor, may shall be borne, in equal shares,by
12 the city and the owner, agent or occupant of any land abutting such street
13 right of way or alley. Such owner, agent or occupant of any land abutting
14 such street right of way or alley may contract for such removal with a
15 licensed arborist rather than have the City remove the tree,if the cost therefor
16 is less than the cost for such removal by the City.
17 (b) Upon the discovery of such a tree,the city forester shall notify such owner,
18 agent or occupant of any land abutting such street right of way or alley of the
19 existence of such tree, such person's options for removal and such person's
20 obligation to pay one half of the removal cost. If no responsible ownership
21 can be found for property upon which such a tree is found,or upon the refusal
22 or neglect of such person to cause the removal of such tree or upon the
23 election of such person to permit the city to remove such tree, the city
24 forester shall have the authority to remove such tree.
25 Fifty percent (50%) of the costs and expenses, and one hundred percent
26 (100%) of an administrative fee of$45.00, incurred by the city under the
27 provisions of this section shall be levied, equalized and assessed. as are other
28 special assessments, against the property abutting the property upon which
29 such tree was located. Any such costs and expenses, in excess of$500.00,
30 so assessed may be paid in installments as recommended by the Finance
31 Director and authorized by the Council."
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ORDINANCE NO. (5315/y
PAGE 2
Section 2. That Section 37-55, Article III., Chapter 37 of the Omaha Municipal.Code as
heretofore existing is hereby repealed.
INTRODUCED BY CO CILMEMBER
APPROVED BY:
TIA�d - AYOR OF T CITY OF OMAHA
PASSED MAR 1 9 1996 ate- ame,7 4 /j, 1 204?/�,/
ATTEST: �cs' r ee,4' i3c� `SNP, C„, /
CITY LERK OF THE CITY OF OMAHA APPROVED AS TO FORM:
(26(4A-
MS1STANT CITY ATTORNEY
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REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
ti, LOG BOOK NO: ->51- c& - d-7//,,ig/i.,__)
TO: HERBERT M. NI'1'L , CITY ATTO izi
Y DATE ASSIGNED - - - cll,
DATE: February 1, 1,996, ,, - _ > ASSIGNED TO
.f
w'`'=w.._.:.� DATE ANSWERED
REQUEST BEING MADE BY: On behalf of Council President Lee Terry
Warren 401, Council Staff Assistant 6298
(NAME) (DEPARTMENT) (PHONE)
TIME LINE: 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPT.
Council Agenda of February 13, 1996
REQUEST FOR: Ordinance - Chapter 37-55, Trees in Right-of-Way
(State Specifically What You Are Requesting)
DETAILS: (Do not state "See Attached")
Council President Lee Terry requests an ordinance be written and placed
on the City Council agenda for February 13, 1996, to amend Chapter 37-55,
"Trees in Right-of-Way."
The purpose of the amendment is to reflect an equal sharing of the
responsibility and financial obligation for maintaining those trees located
within a street_ right-of-way. The equal sharing shall mean that the
abutting property owner will share equally with the City, 50% to each
party, the expense of maintaining or removing such a tree(s).
The Law Department shall select the appropriate language to convey the
above meaning and intent.
The Law Department shall coordinate as required to place this ordinance
on the Council's agenda for February 13, 1996.
INFORMATION ATTACHED : YES X NO NONE AVAILABLE
wk
c: Councilmembers, City Clerk, Jerry Parks, PR&PP, Lou D'Ercole, Acting
Finance Director, Brinker Harding, Mayor's Office, Council Staff
MOTION BY COUNCILMEMBER
I hereby move that Council Document No. , Current Series,be amended as follows:
At Page 1, Line 8, insert "(a)" before the word "Whenever".
At Page 1, Line 12, insert after the word "alley." the following "Such owner, agent or occupant of
any land abutting such street right of way or alley may contract for such removal with a licensed
arborist if the cost therefor is less than the cost for such removal by the City.
(b) Upon the discovery of such a tree,the city forester shall notify such owner, agent or occupant
of any land abutting such street right of way or alley of the existence of such tree, such person's
options for removal and such person's obligation to pay one half of the removal cost. If no
responsible ownership can be found for property upon which such a tree is found,or upon the refusal
or neglect of such person to cause the removal of such tree or upon the election of such person to
permit the city to remove such tree, the city forester shall have the authority to remove such tree.
(c) Fifty percent (50%) of the costs and expenses, and one hundred percent (100%) of an
administrative fee of$45.00,incurred by the city under the provisions of this section shall be levied,
equalized and assessed, as are other special assessments, against the property abutting the property
upon which such tree was located. Any such costs and expenses, in excess of$500.00, so assessed
may be paid in installments as recommended by the Finance Director and authorized by the
Council."
APPROVED AS TO FORM:
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/STANT CITY ATTORNEY
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• MOTION BY COUNCILMEMBER �.
I hereby move that Council Document No. , Current Series,be amended as follows:
At Page 1, Line 8, insert "(a)" before the word "Whenever".
At Page 1, Line 12, insert after the word "alley." the following "Such owner, agent or occupant of
any land abutting such street right of way or alley may contract for such removal with a licensed
arborist rather than have the City remove the tree, if the cost therefor is less than the cost for such
removal by the City.
(b) Upon the discovery of such a tree,the city forester shall notify such owner, agent or occupant
of any land abutting such street right of way or alley of the existence of such tree, such person's
options for removal and such person's obligation to pay one half of the removal cost. If no
responsible ownership can be found for property upon which such a tree is found, or upon the refusal
or neglect of such person to cause the removal of such tree or upon the election of such person to
permit the city to remove such tree, the city forester shall have the authority to remove such tree.
(c) Fifty percent (50%) of the costs and expenses, and one hundred percent (100%) of an
administrative fee of$45.00, incurred by the city under the provisions of this section shall be levied,
equalized and assessed, as are other special assessments, against the property abutting the property
upon which such tree was located. Any such costs and expenses, in excess of$500.00, so assessed
may be paid in installments as recommended by the Finance Director and authorized by the
Council."
APPROVED AS TO FORM:
41119
ASS friF ANT CITY ATTORNEY
P:\LAW\3887.SKZ
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REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
ORIGINALY)
LOG BOOK NO. •
TO: HERBERT M. FITLE, CITY ATTORNEY DATE ASSIGNED c.)
DATE : March 6 , 1996 ASSIGNED TO CD
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DATE ANSWERED r., I' :
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REQUEST BEING MADE BY: On Behalf .of Councilmembers Anzaldo & Lo
Warren We4V Council Staff Assistant 6298
(NAME) VVV�V```"" (DEPARTMENT) (PHONE)
TIME LINE: 12 WORKINC DAYS FROM DATE RECEIVED BY LAW DEPT.
for March 14, 1996
REQUEST FOR: Opinions; Ordinance to Amend Section 37-55 "Removal
from Streets Rights-of-Way
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached")
During the Pre-Council Meeting on March 5, 1996, Councilmembers
Anzaldo and Lo inquired about a property owner' s and City liability,
should a property owner elect to remove a tree from the right-of-way
under the provisions of the Ordinance amending Section 37-55 "Removal
from Street Rights-of-Way" (Trees) . Based on those discussions, the
following information and opinions are requested.
Is a property owner prohibited by any ordinance from removing a tree
from a right-of-way? If so, please reference the source.
If a property owner elects to remove a tree, under the provisions of
the proposed ordinance (as amended see Attachment 1) , and an injury
occurs to property or life, might the City be held liable as a party
to the damage or injury?
Should the answers to the above questions merit the consideration of
an additional amendment to protect the interests of the City, the Law
Department is encouraged- to propose such an •amendment. Please advise
Council Staff of your findings by telephone in sufficient time that
the liability issue can be coordinated with Councilmembers before the
Ordinance and any amendments return to the City Council on March 19 ,
1996 . The City Clerk will require appropriate "backings" not later
than 9 : 00 A.M. on Thursday, March 14, 1996, to meet the March 19 ,
1996 , printing deadline for the agenda.
Please advise Staff if there are any questions regarding this
request.
INFORMATION ATTACHED : YES X NO NONE AVAILABLE
WW/rm
c : Councilmembers, City Clerk, Jerry Parks, Brinker Harding,
Council Staff
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MOTION BY COUNCILMEMBER
I hereby move that Council Document No. , Current Series,be amended as follows:
At Page 1, Line 8, insert "(a)" before the word "Whenever".
At Page 1, Line 12, insert after the word "alley." the following "Such owner, agent or occupant of
any land abutting such street right of way or alley may contract for such removal with a licensed
arborist if the cost therefor is less than the cost for such removal by the City.
(b) Upon the discovery of such a tree, the city forester shall notify such owner, agent or occupant
of any land abutting such street right of way or alley of the existence of such tree, such person's
options for removal and such person's obligation to pay one half of the removal cost. If no
responsible ownership can be found for property upon which such a tree is found,or upon the refusal
or neglect of such person to cause the removal of such tree or upon the election of such person to
permit the city to remove such tree, the city forester shall have the authority to remove such tree.
(c) Fifty percent (50%) of the costs and expenses, and one hundred percent (100%) of an
administrative fee of$45.00,incurred by the city under the provisions of this section shall be levied,
equalized and assessed, as are other special assessments, against the property abutting the property
upon which such tree was located. Any such costs and expenses,in excess of$500.00, so assessed
may be paid in installments as recommended by the Finance Director and authorized by the
Council."
APPROVED AS TO FORM:
)11
STANT CITY ATTORNEY
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