Q. I have a neighbor that has about 10 trees growing along my privacy fence. As they are getting bigger they are pushing my fence over. Is there anything I can do about it? Who would I get ahold of to have it addressed? I know the neighbor that owns the property would not be willing to do anything about it. The landlord does not take care of any of the properties he owns.
A. While frustrating and certainly an issue, this would not be considered a law enforcement issue but there could be some civil implications at play. The city does have ordinances which outline people being responsible for the upkeep of their trees and shrubs on their property.
There is a list of ordinances pertaining to trees (20-7-1 through 20-7-35) which provides requirements regarding the location of trees (in relation to street corners, fire hydrants and lateral utilities) and also outlines at what point your tree(s) would be deemed a hazard to public safety and the process if that were to happen.
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The ordinances do mention the duty to prune trees that are unsafe, injurious or affected by insect or disease. Furthermore, tree branches near an alley or street need to be pruned so they do not obstruct lights or intersections. Tree branches cannot interfere with private or public utilities (above or below ground).
If trees on your property are deemed a hazard to public safety, a notice will be delivered informing you of the violation as well as a date it needs to be resolved by. The date shall not be less than 30 days after receipt of the notice. The recipient may request a hearing before the city council. If no hearing is requested and the issue is not resolved within the specified time frame, the city may have the work completed and in the end the property owner would be financially responsible for the work.
In your particular situation, you could contact the Code Enforcement officer and get an opinion as to whether or not there is something the city would deem a nuisance. If not I would contact your home owners insurance for further instruction and possibly an attorney depending on the information obtained from your insurance agent.
Q. Is it legal for someone to park two, old, junky boats in their driveway for years? Is there any way to get them to remove the boats?
A. The city ordinance indicates the term “junk” includes; scrap metal, machinery parts, appliances or vehicles, any machine or vehicle which is not in operating condition or which has lost its identity, character, utility or serviceability as such through deterioration, dismantling or the ravages of time, or which has been cast off, discarded or thrown away or left as waste or wreckage.
The nuisance ordinance deems it unlawful to keep or store junk within a building, keep or store junk within a junkyard, and specifically states you are not to hold more than two damaged or inoperable automobiles for purposes of restoration if such automobiles are concealed by a cover and situated in a rear or side yard of a lot or tract which is situated at a residence.
I would recommend contacting Code Enforcement so an officer can make contact and investigate whether or not the situation meets the criteria for the nuisance.
Sgt. Krisa Brass is with the Scottsbluff Police Department. She will answer questions submitted by readers each week. To submit a question for consideration, email youasked@starherald.com or leave your question in a message, 308-632-9057.