Property owner addresses council on nuisance letter

    Members of the Imperial city council showed they will work with property owners when nuisance issues arise and notices are sent.
    At Monday’s city council meeting, Justin Mueller, who lives at 540 West 7th Street, addressed the council during a show cause hearing. Such a hearing is an option if property owners disagree on a nuisance declaration and want to give evidence.
    In Mueller’s case, trees on his property were declared nuisances in May 17 council action, along with 12 other properties with nuisance issues.
    Amy Sauer of West Central Nebraska Development District, the city’s nuisance officer, presented evidence on the path followed to the nuisance declaration of the trees on Mueller’s property.
    According to Imperial’s city code, she noted a tree shall be removed if it is “dead, diseased or dying.” If 50% or more of the tree is dying, it meets the criteria for removal, the standard used in most communities, she said.
    Mueller noted the two trees identified in the initial October 2019 courtesy letter from WCNDD have been cut down. However, another tree was identified in a more recent letter after the entire city was reviewed again in May.
    Mueller explained that tree may be suffering from Roundup exposure after a neighbor sprayed west of his home. He had an arborist look at it and their report suggests waiting a year to see if the damage grows back, he said.
    He said if it doesn’t, he’ll then remove the tree.
    City Attorney Josh Wendell  told the council they had three options after the evidence was presented—let the nuisance stand, allow an additional 60 days to comply with removal or rescind the nuisance declaration.
    In the end, the council voted to rescind the resolution on Mueller’s property.
    All trees in Imperial will again be reviewed in a year or two, according to the discussion.
    Council President Charlesa Kline said they will work with residents when they are striving to take care of an issue.
    Mayor Dwight Coleman added that it appeared there is progress being made on Mueller’s property and recommended rescinding the nuisance declaration.
    Based on council action last month, three sections of the city to the north and northeast are now being reviewed for all issues related to the city’s nuisance codes.