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(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
STREETS
(A) The City Council may at any time, by ordinance, rename any street or provide a name for any new street.
(B) Buildings used for residence or business purposes and located along the streets shall retain the numbers as the City Council may require. It shall be the duty of the municipal official in charge of streets, upon the erection of any new building or buildings, to assign the proper numbers to the building or buildings and give notice to the owner or owners and occupant or occupants of the same.
(C) As Lincoln's GIS Project Manager has the capability, knowledge, and software to create a database of all public and private street addresses for all residential and commercial properties in the county; having all street addresses in the city listed on a database will improve law enforcement and fire protection for the citizens of the city when NextGen911 services become available; and the city desires to have Lincoln include all of its addresses in the database to be created by Lincoln, the city has entered into an interlocal agreement with the City of Lincoln, which has been adopted in full by reference and a copy of which is on file in the office of the City Clerk/Treasurer.
(Prior Code, § 92.45) (Ord. passed 9-12-2022) Penalty, see § 10.99
Statutory reference:
Authority to improve, see Neb. Rev. Stat. 17-509
(A) (1) 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 therefor from the city.
(2) The application for a permit shall be filed with the City Clerk/Treasurer, in writing, on forms approved by the City Clerk/Treasurer, showing the place where the cutting is to be done, and it shall be the Utilities Superintendent’s duty to inspect the place of entry into the paving, sidewalk, or curb, before the same is cut.
(3) Before any permit is issued by the City Clerk/Treasurer, the applicant shall deposit with the City Clerk/Treasurer a sum as may be set by resolution of the City Council for all paving, curb, or sidewalk to be cut.
(4) The sum shall be set on a per linear foot cost of construction for curb cuts and a per square foot cost of construction for paving and sidewalk cuts.
(5) The deposit shall be retained by the city until the work is completed to the satisfaction of the Utilities Superintendent, and if not satisfactorily completed with a reasonable time, the city may proceed to complete the work itself and retain the deposit for the purpose of defraying the cost of the work.
(B) (1) When cutting into any paving, it shall be the duty of the party to cut the paving under the rules and regulations as may be prescribed by the City Engineer.
(2) When the applicant has completed the opening made, the applicant shall inform the Utilities Superintendent, who shall supervise and inspect the materials used and the work done.
(C) (1) Notwithstanding the above, it shall be discretionary with the city to order the Utilities Superintendent to perform the work of cutting the paving and charge the cost thereof to the permittee.
(2) In the event that the city elects to have the work performed by the Utilities Superintendent, the required deposit shall be retained by the city for the purpose of replacing the paving, curb, or sidewalk.
(D) No curb cut shall exceed 20 feet in width unless a greater width is specially approved by resolution of the City Council.
(Prior Code, § 92.46) (Ord. 2001-6.1, passed 6-11-2001) Penalty, see § 10.99
Statutory reference:
Authority, see Neb. Rev. Stat. 17-567
It shall be unlawful for any person to make an excavation in any street or streets for any purpose whatsoever unless a written permit is issued by the Utilities Superintendent authorizing the excavations.
(Prior Code, § 92.47) Penalty, see § 10.99
Statutory reference:
Authority, see Neb. Rev. Stat. 17-557
It shall be unlawful for any person to drive any peg or stake of any kind into the pavement in any street or alley without first procuring the written consent of the Utilities Superintendent.
(Prior Code, § 92.48) Penalty, see § 10.99
Statutory reference:
Authority, see Neb. Rev. Stat. 17-557
It shall be unlawful for any person to mix any concrete or plastering material directly on the street pavement for any reason whatsoever.
(Prior Code, § 92.49) Penalty, see § 10.99
Statutory reference:
Authority, see Neb. Rev. Stat. 17-557
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