Can I have the city force my neighbor to cut his dead tree?

Question

I live in Bellevue, NE and a neighbor of my friend has a dying tree on the property line that is an eyesore and potentially a harzard. It crosses over into my friend's yard and looks like it could fall on her house one day. It is very large and she doe snot think she should have to pay to get it cut back. Can she get the city to force him to deal with it deeming a hazard or a danger? What are her options?

Answer 1

Well, first of all, has she talked to the guy? What is the reason he won't cut it? Maybe he's out of money, or maybe *he's* trying to force the landlord to cut it (he might be renting). If both your friend and the neighbor are working for a solution, then it'll be found quicker.

If he's just lazy, note that it's hanging over the house, and if it falls, he's going to be liable for quite a bit of money.

He may be hoping that the tree makes a comeback, or it might seem like too big of a job. Get some estimates for him of the job; also, it wouldn't hurt to contact the city and find out what exactly they can do. Maybe he just needs a little extra pressure to take care of the problem.

If she takes care of the problem in a snotty way, she better make sure she's a perfect neighbor with a perfect yard, and no loud parties or anything! Because this kind of thing can escalate if it's handled badly.

Good luck.

Answer 2

Most cities have arbourists who will check a tree that is suspect. If this tree is dying, not only could it be a falling hazzard, but it can harbour insects that can carry diseases to living trees not to mention a higher chance of carpenter ants and termites.

She will likely have to go to the city department that deals with this type of complaint.

Below is a copy Bellevue, NE concerns about trees and hazzards. Here is the link. I hope this is the correct Bellevue, NE.

http://www.bellevue.net/071006.html

Proposed Tree Ordinance and Licensed Arborist Requirements

Mr. Sanborn reminded Council members that a few years ago the Council approved a proposal for a tree ordinance and directed staff to formulate such. This has not yet been done, but he would like to see this fulfilled. He suggested that licensing requirements for arborists be a part of the ordinance. Some advantages to having a tree ordinance are: control of permits, provide private property owner responsibilities, monitoring of utility company activities, establish standards for arborists, etc. He reminded those present that tree-cutting is one of the most dangerous professions in this country and it needs to be better controlled. He urged Mr. Troutman to encourage staff to work on a tree ordinance that will include these suggestions. Assistance can be received from the state forester, the Arbor Day Foundation and the City of Omaha’s regulations.

Mr. Babbitt asked if the proposed ordinance would pertain only to trees on public property.

City Attorney Herdzina stated that if Mr. Sanborn’s concern is that unlicensed individuals are cutting trees, the Council can make it a policy that the City will not hire anyone but a licensed arborist.

Mr. Charvat questioned if this would prevent a property owner from cutting a branch from his tree that is overhanging a street, especially if the city has notified him to do so. Mr. Herdzina answered that about a year ago an ordinance was passed regarding nuisances, dangers to the public, etc. Trees were included in that ordinance. It is up to the private property owner how they take care of the trees, whether they hire a licensed arborist or they do it themselves. In the past, property owners have been cited by the city and required to cut or remove trees, bushes, etc. If they do not comply, the city will cut them and charge them for the service. He is unsure if city staff does this or if a tree service is hired. He suggested that if the Council wants only licensed arborists to trim trees, that a policy rather than on ordinance be formulated to require that only licensed arborists be hired by the city.

Mr. Stacey asked if city staff is currently issuing citations for overhanging trees. Mr. Hare answered that last fall over 1200 letters were mailed to property owners asking that trees be properly cut.

Mayor Ryan suggested that Council members make Mr. Troutman aware of their thoughts and concerns about a proposed tree ordinance.

Good Luck.

Answer 3

have her tell the city "i guess i dont have to cut my lawn anymore." and they will ask "what? why not?" to which she can reply "My neighbor has a huge rotting tree hanging over my house! If he does not have to cut it down, and if you won't cut it down then i guess we don't have to keep our properties up anymore." this should get there attention. she can also add that the rest of the neighborhood agrees and they wont cut there lawns or do any yard work as well.