§ 93.051  CURB CUTTING.
   (A)   It shall be unlawful for any person to cut into any paving, curb, or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the governing body therefor.
   (B)   Before any person shall obtain a permit, he or she shall inform the City Clerk of the place where such cutting is to be done, and it shall be the City Superintendent’s duty to inspect the place of entry into the paving, sidewalk, or curb, before the same is cut. When cutting into any paving, it shall be the duty of the party to cut the paving under such rules and regulations as may be prescribed by the governing body or the Municipal Engineer. When the applicant is ready to close the opening made, he or she shall inform the City Superintendent, who shall supervise and inspect the materials used and the work done in closing the opening.
   (C)   It shall be discretionary with the governing body to order the City Superintendent, under the supervision and inspection of the Municipal Engineer, to do the work of cutting and closing the paving and charge the costs thereof to the party who obtained such permit. The governing body may consent to the work of cutting and closing the paving to be done by the party holding such permit. Before any permit is issued by the governing body, the applicant for such permit shall deposit with the Municipal Treasurer a sum set by resolution of the governing body for all paving, curb, or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis.
   (D)   (1)   The deposit shall be retained by the municipality for the purpose of replacing the paving, curb, or sidewalk, in the event the work is done by the municipality. In the event the municipality elects to require the applicant to replace the paving, curb, or sidewalk, the deposit shall be retained by the municipality until the work is completed to the satisfaction of the City Superintendent.
      (2)   In addition to making the deposit above set forth, the applicant shall, before any permit is issued, execute a bond to the municipality with a good and sufficient surety or sureties to be approved by the governing body in a sum set by resolution of the governing body.
(Prior Code, § 8-401)  Penalty, see § 93.999
Statutory reference:
   Related provisions, see Neb. RS 17-567