CHAPTER 94: PUBLIC WAYS AND PROPERTY
Section
City Property
   94.01   Definition
   94.02   Maintenance and control
   94.03   Streets; trees
   94.04   Obstructions
   94.05   Permitted obstructions
   94.06   Weeds, litter and stagnant water
   94.07   Signs and canopies
   94.08   Special improvement district; assessment and creation procedure
   94.09   Improvement district; land adjacent
   94.10   Public works involving architecture or engineering; requirements
Sidewalks
   94.20   Overhanging branches
   94.21   Kept clean
   94.22   Beneath
   94.23   Maintenance
   94.24   Repair
   94.25   Construction by owner
   94.26   Municipal construction
   94.27   Construction by petition
Streets
   94.40   Names and numbers
   94.41   Crossings
   94.42   Widening or opening
   94.43   Excavation
   94.44   Driving stakes
   94.45   Mixing concrete
   94.46   Harmful liquids
   94.47   Eave and gutter spouts
   94.48   Heavy equipment
   94.49   Pipe lines and wires
   94.50   Construction assessment
   94.51   Petition for improvements
   94.52   Improvement districts; objections
   94.53   Deferral from special assessments
   94.54   Mailboxes
Curb and Gutter
   94.65   Cutting curb
   94.66   Installation required; assessment
CITY PROPERTY
§ 94.01 DEFINITION.
   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   SIDEWALK SPACE. The portion of a street between curb lines and adjacent property lines.
(1973 Code, § 8-101)
§ 94.02 MAINTENANCE AND CONTROL.
   The City Council shall have the care, supervision, and control of all public highways, bridges, streets, alleys, public squares, and commons within the city, and shall cause the same to be kept open and in repair and free from nuisances.
(Neb. RS 17-567) (1973 Code, § 8-102)
§ 94.03 STREETS; TREES.
   No person, or persons, shall plant, or allow to grow, any tree within the sidewalk space without first making a written, or verbal, application to, and receiving a written permit from, the City Council. Any tree planted within the sidewalk space after the adoption date of this section shall be deemed to be unlawfully planted and growing and shall, at the discretion of the City Council, be deemed to be a nuisance. When any such tree is declared to be a nuisance, the City Council shall order, with proper notice, the tree removed at the expense of the owner of the property adjacent to the street space upon which the tree has been unlawfully planted. If the property owner fails, or neglects, to remove, or cause to be removed, the tree, the City Council shall order, with proper notice, the same removed and assess the expense of the removal against the property adjacent to the sidewalk space wherein the tree is planted and growing. No fee shall be charged for the permit, and nothing in this section shall be construed to apply to any existing trees now growing within the sidewalk space.
(Neb. RS 17-557.01 and 18-1,720) (1973 Code, § 8-103) Penalty, see § 10.99
§ 94.04 OBSTRUCTIONS.
   Trees and shrubs, growing upon, or near, the lot line, or upon public ground and interfering with the use, or construction of any public improvements shall be deemed an obstruction under this subchapter. The roots may be removed by the city at the expense of the owner of the property upon which the tree is located should the owner fail, or neglect, after notice, to do so. It shall be unlawful for any person, persons, firm, or corporation to obstruct, or encumber, by fences, gates, buildings, structures, or otherwise, any of the streets, alleys, or sidewalks. The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property shall permit or suffer to remain on any premise owned or controlled by him or her any hedge, shrubbery, bush, or similar growth within two feet adjacent to the lot line whether there is a sidewalk abutting or adjoining the premise or not. It shall be the duty of owners and occupants to at all times keep trimmed and pruned all the similar growth. Whenever any such growth is allowed to grow within two feet of the lot line contrary to the provisions of this subchapter, the City Council may pass a resolution ordering the owner or occupant to remove the obstructions within three days after having been served with a copy of the resolution by the city stating that the city will do so and will charge the costs thereof to the owner or occupant as a special assessment for improvements as herein provided, or shall collect the same by civil suit brought in the name of the city against the owner or occupant. It shall be the duty of an owner or occupant engaged in construction of any building or improvement upon or near the public ways and property to have all excavations or exposures of any kind protected and guarded by suitable guards or barricades by day and by warning lights at night. In the event of failure, neglect, or refusal to comply with the provisions of this subchapter, it shall be the duty of the city to stop all work upon the buildings and improvements until suitable guards are erected and kept in the manner aforesaid. Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property, or wholly upon the abutting property, but so close to the lot line as to interfere with the making of any public improvement or so that the roots thereof interfere with any utility wires or pipe shall be deemed an obstruction and the trees, shrubs, and roots may be removed by the city pursuant to the procedure prescribed above.
(Neb. RS 17-557.01) (1973 Code, § 8-104) Penalty, see § 10.99
§ 94.05 PERMITTED OBSTRUCTIONS.
   Persons engaged in the erection, construction, reconstruction, wrecking, or repairing of any building, or the construction, or repair, of a sidewalk along any street, may occupy the public street space with the building material and equipment as long as is necessary if the persons shall make application to and receive a permit in writing from the city official in charge of city streets to do so; provided, no permit for the occupancy of the sidewalk space, and more than one-third of the roadway of the public space adjacent to the real estate on which the building is to be constructed, erected, reconstructed, wrecked, or repaired shall be granted; and provided further, a suitable passageway for pedestrians shall be maintained within the public space included in the permit which shall be protected and lighted in the manner required by the official issuing the permit.
(1973 Code, § 8-105) Penalty, see § 10.99
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