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ORD 33844 - Amend section 37-55 of municipal code re removal from street ROW • • 0M Pal A, .f•vii.r • • 0R 4-k 4?'FDFE!RVr City of Omaha Hal Daub,Mayor n r1 ; 7-1 — Law Department • _ "T'i Omaha/Douglas Civic Center CO } c") CO F 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 P:\LAW\3656.SKZ • • • • • ORDINANCE NO. , ?f 7 y ���afiledf 4l/o. let 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." • 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 P:\CC\3923.SKZ V • • 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: • • /STANT CITY ATTORNEY P:\LAW\3826.SKZ LU 1£,1 Ct .ice G_) M LU 61) 0 i ., Ctill . . - UP c'') C) . VI it. .1'.'-1._ fD CD 'd C, fD _ ... _ . 0 A,,,, ,_ . 104‘ _ pr wnII CD fa. 1 Q n s: A. A) "rt. ...cl t .1. \\N. a, 0 co hd co Pr H k t \ • • • • 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 0 ti ' • • 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 • DATE ANSWERED r., I' : • • fd 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 L--- • • 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 P:\L.Aw\3826.SKZ r t a \ t tk iik - _ c \ \' .r‘k"' p". VAI\ o C7 o ,,, 42 ..k N, ,..a , , ,.,), o 1/4„, 12 rr, A. Cr . 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