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§ 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
§ 94.06 WEEDS, LITTER AND STAGNANT WATER.
   (A)   Lots or pieces of ground within the city or within the city's one-mile zoning jurisdiction shall be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon.
   (B)   The owner or occupant of any lot or piece of ground within the city or within the city's one-mile zoning jurisdiction shall keep the lot or piece of ground and the adjoining street and alleys free of any growth of eight inches or inure in height of weeds, grasses, or worthless vegetation.
   (C)   The throwing, depositing, or accumulation of litter on any lot or piece of ground within the city or within the city's one-mile zoning jurisdiction is prohibited; provided, that grass, leaves, and worthless vegetation maybe used as a ground mulch or in a compost pile.
   (D)   It is hereby declared to be a nuisance to permit or maintain any growth of eight inches or more in height of weeds, grasses, or worthless vegetation or to litter or cause litter to be deposited or remain thereon except in proper receptacles.
   (E)   Any owner or occupant of a lot or piece of ground shall, upon conviction of violating this section, be guilty of an offense.
   (F)   Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by certified mail or in person by a duly authorized city official or police officer. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the city to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the City Clerk. A hearing on the appeal shall be held within 14 days after the filing of the appeal and shall be conducted by the Mayor of the city, or if the may is unavailable by the City Administrator of the city. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the decision to abate and remove the nuisance, the city may have such work done. In the event that notice to abate and remove the nuisance is attempted at the last known address of the owner(s) and/or occupant(s), without success, or in the event that the owners of record cannot be found in this state, or successfully served in another state, then official notice under this section shall be achieved via the City Clerk's publication, in a newspaper of general circulation in the city, such notice to abate and remove the nuisance for two consecutive weeks. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the city may either:
      (1)   Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied and assessed; or
      (2)   Recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.
   (G)   In addition to assessing costs of abatement to the property owner, the city may issue a citation.
   (H)   For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   LITTER shall include, but not be limited to:
         (a)   Trash, rubbish, refuse, garbage, paper, rags, and ashes;
         (b)   Wood, plaster, cement, brick, or stone building rubble;
         (c)   Grass, leaves, and worthless vegetation;
         (d)   Offal and dead animals; and
         (e)   Any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk.
      (2)   WEEDS shall include, but not be limited to, bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canada thistle(cirsium arvense), perennial peppergrass (lepidium draba), Russian knapweed (centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle (sonchus arvensis), quack grass (Agropyron repens), perennial sow thistle (sonchus arvenis), horse nettle (solanum carolinense), bull thistle (cirsium lanceolatum), buckthorn (rhamnum sp.) (tours); hemp plant (cannabis sativa), and ragweed (ambrosiaceae). Weeds regardless of height, shall be removed, sprayed, or treated so as to kill and/or retard the spread of the same.
   (I)   Failure to remove, spray or treat shall be deemed a violation of this section and subject owner or occupant to a fine per § 10.99 of this code.
(1973 Code, § 8-106) (Ord. 824, passed 6-9-2011; Ord. 898, passed 10-8-2016; Ord. 916, passed 3-9-2017)
§ 94.07 SIGNS AND CANOPIES.
   No person, firm, or corporation shall erect, or maintain, any sign, signboard, poster, or rigid canopy over any street, sidewalk, alley, or on other public property without having first obtained a permit therefor. Permits for signs, canopies, posters, and signboards shall be issued by the City Clerk/Treasurer, subject to the approval of the Director of Public Works, upon the payment of a fee set by resolution of the City Council. All signs and canopies extending over any public sidewalk, street, alley, or other public place must be securely fastened and constructed so that there will be no danger of the same being dislodged by ordinary winds, or falling from other causes. No sign or canopy shall be erected or maintained which extends over any public sidewalk, street, alley, or other public place in such a location as to obstruct the view of any traffic light, sign, or signal. Upon the written order of the City Council, any person owning or occupying the premise where such a sign, canopy, poster, or signboard is located, shall cause the same to be removed within the time limit specified on the notice.
(1973 Code, § 8-107) Penalty, see § 10.99
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