Section
Sidewalks
92.01 Kept clean
92.02 Maintenance
92.03 Repair
92.04 Construction at owner’s initiative
92.05 Construction at municipal direction
Streets
92.20 Addresses
92.21 Cutting into paving, curb, or sidewalk
92.22 Excavation
92.23 Driving stakes
92.24 Mixing concrete
92.25 Harmful liquids
92.26 Heavy equipment; special tires
SIDEWALKS
It shall be unlawful for the occupant of any lot or lots or the owner of any vacant lot or lots within the corporate limits to allow snow, sleet, mud, ice, or other substance to accumulate on the sidewalks or to permit any snow, sleet, ice, mud, or other substance to remain upon the sidewalk. All sidewalks within the Business District shall be cleaned within five hours after the cessation of a storm, unless the storm or fall of snow shall have taken place during the night, in which case the sidewalk shall be cleaned before 9:00 a.m. the following day, provided that sidewalks within the residential areas of the municipality shall be cleaned within 24 hours after the cessation of the storm.
(Prior Code, § 92.25) Penalty, see § 10.99
Statutory reference:
Authority to regulate, see Neb. Rev. Stat. 17-557
(A) Every owner of any lot, lots, or piece of land within the corporate limits shall at all times keep and maintain the sidewalk along and contiguous to the lot, lots, or pieces of land, as the case may be, in good and proper repair, and in a condition reasonably safe for travel for all travelers thereon.
(B) In the event that the owner or owners of any lot, lots, or lands, abutting on any street, avenue, or part thereof shall fail to construct or repair any sidewalk in front of his, her, or their lot, lots, or lands, within the time and in the manner as directed and required herein after having received due notice to do so, they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition of any sidewalk, and the City Council shall have power to cause any sidewalks to be constructed or repaired and assess the costs thereof against the property.
(C) In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner.
(D) The last known address shall be that address listed on the current tax rolls at the time the required notice was first published.
(Prior Code, § 92.26) Penalty, see § 10.99
(A) The municipal official in charge of sidewalks may require sidewalks of the municipality to be repaired.
(B) Notice to the owners of property upon which the sidewalks in disrepair are located shall require within 48 hours from issuance of notice the owners to make arrangements to have the sidewalk repaired.
(C) The repairs shall be completed within 21 days after issuance of the notice.
(D) No special assessment shall be levied against the property unless the owner neglects or refuses to repair within the time prescribed, and in the event that the owner fails to repair, the municipality shall cause the repairs to be made and assess the property owner the expense of the repairs.
(E) In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner.
(F) The last known address shall be the address listed on the current tax rolls at the time the required notice was first published.
(Prior Code, § 92.27)
(A) Any person desiring to construct, or cause to be constructed, any sidewalk shall do so only as herein provided. It shall be unlawful for any person to construct any sidewalk without first having obtained a permit.
(B) The owner shall make application in writing for a permit and file the application in the office of the City Clerk/Treasurer. The permit shall give a description of the lot or piece of land along which the sidewalk is to be constructed. The official in charge of sidewalks shall issue the desired permit unless good cause shall appear why the permit should be denied, provided that if it is desired to construct the sidewalk at any other than the regularly prescribed location, grade, or elevation, the municipal official in charge of sidewalks shall submit the application to the City Council who shall determine whether the permit should be granted or denied. It shall be unlawful for any person to construct, or cause to be constructed the sidewalk at any other location, grade, or elevation than so designated by the municipality. All sidewalks shall be built and constructed on the established grade or elevation, and if there is no established grade, then on the grade or elevation indicated by the municipal official in charge of sidewalks.
(Prior Code, § 92.28) Penalty, see § 10.99
(A) The City Council may, by resolution, order the construction of a sidewalk on any lot or piece of ground within the municipality. Notice of the City Council’s intention to construct the sidewalk shall be given by the City Clerk/Treasurer by publication of notice one time in a legal newspaper of general circulation in the municipality.
(B) A copy of the notice shall be personally served upon the occupant in possession of the property, or, when personal service is not possible, the notice shall be posted upon the premises ten days prior to the commencement of construction. The notice required in this section shall be prepared by the Municipal Attorney in accordance with the provisions of this section. The service shall include a form of return evidencing personal service or posting as herein required.
(C) (1) The notice shall notify the owner of the premises of the passage of the resolution ordering the owner to construct or cause to be constructed a sidewalk within 30 days after the date of publication, and further that if the owner fails to construct the sidewalk or cause the same to be done within the time allowed, the municipality will cause the sidewalk to be constructed, and the cost thereof shall be levied and assessed as a special tax against the premises, provided that the notice shall contain the official estimate of the cost of construction, and no special assessment in excess of this estimate shall be assessed against the property.
(2) In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner.
(3) The last known address shall be that address listed on the current tax rolls at the time the required notice was first published.
(Prior Code, § 92.29)
Statutory reference:
Authority to construct and repair, see Neb. Rev. Stat. 17-522 through 17-524
Authority to construct or otherwise improve through Sidewalk District, see Neb. Rev. Stat. 19-2417 through 19-2419
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