Loading...
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
(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)
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
(A) The City Council may, by ordinance, create a special improvement district for the purpose of replacing, reconstructing, or repairing an existing street, alley, water line, sewer line, or any other such improvement.
(B) Except as provided in Neb. RS 19-2,428 through 19-2,431, the City Council shall have power to assess, to the extent of the benefits, the costs of the improvements upon the properties found especially benefitted thereby, whether or not the properties were previously assessed for the same general purpose. In creating the special improvement district, the City Council shall follow procedures applicable to the creation and assessment of the same type of improvement district as otherwise provided by law.
(Neb. RS 18-1,751) (1973 Code, § 8-108) (Ord. 586, passed 10-8-1987)
Supplemental to any existing law on the subject, a city may include land adjacent to the city when creating an improvement district, such as a sewer, paving, water, water extension, or sanitary sewer extension district. The City Council shall have power to assess, to the extent of special benefits, the costs of the improvements upon the properties found especially benefitted thereby, except as provided in § 94.53.
(Neb. RS 19-2,427) (1973 Code, § 8-109) (Ord. 586, passed 10-8-1987)
(A) (1) Except as otherwise provided in this section and Neb. RS 81-3449 and 81-3453, the municipality shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications, and estimates have been prepared and the construction has been observed by an architect, a professional engineer, or a person under the direct supervision of an architect, professional engineer, or those under the direct supervision of an architect or professional engineer.
(2) This division (A) shall not apply to any public work in which the contemplated expenditure for the complete project does not exceed $100,000 or the adjusted dollar amount set by the Board of Engineers and Architects.
(Neb. RS 81-3445)
(B) The provisions of division (A) of this section regulating the practice of architecture do not apply to the following activities or the other activities specified in Neb. RS 81-3449:
(1) A public service provider who employs a design professional performing professional services for itself;
(2) The practice of any other certified trade or legally recognized profession;
(3) Earthmoving and related work associated with soil and water conservation practices performed any land owned by the municipality that is not subject to a permit from the Department of Natural Resources; and
(4) The work of employees and agents of the municipality performing, in accordance with other requirements of law, their customary duties in the administration and enforcement of codes, permit programs, and land-use regulations and their customary duties in utility and public works construction, operation, and maintenance.
(Neb. RS 81-3449)
(C) The provisions of division (A) of this section regulating the practice of engineering do not apply to the following activities, the activities specified in division (B) of this section, or the other activities specified in Neb. RS 81-3453:
(1) Those services ordinarily performed by subordinates under direct supervision of a professional engineer or those commonly designated as locomotive, stationary, marine operating engineers, power plant operating engineers, or manufacturers who supervise the operation of or operate machinery or equipment or who supervise construction within their own plant; and
(2) The construction of water wells as defined in Neb. RS 46-1212, the installation of pumps and pumping equipment into water wells, and the decommissioning of water wells, unless such construction, installation, or decommissioning is required by the municipality to be designed or supervised by an engineer or unless legal requirements are imposed upon the municipality as a part of a public water supply.
(Neb. RS 81-3453)
(D) For the purpose of this section, the municipality is considered a public service provider if it appoints a Municipal Engineer or employs a full-time person licensed under the Engineers and Architects Regulation Act who is in responsible charge of architectural or engineering work.
(Neb. RS 81-3423)
(Ord. 847, passed 3-8-2012)
SIDEWALKS
The owner or occupant of any lot, piece, or parcel of ground abutting or adjacent to any street or sidewalk over which there extends the branches of trees shall at all times keep the branches or limbs thereof trimmed to the height of at least seven and one-half feet above the surface of the walk. Whenever the limbs or branches of any tree or trees extend over sidewalks contrary to the provisions herein so as to interfere with the lighting of the street from street lights, or with the convenience of the public using the sidewalk, the City Council at any regular or special meeting may pass a resolution ordering the owner or occupant to cut or remove the obstructions within five days after having received a copy thereof from the Director of Public Works stating that the city will remove the branches and charge the costs thereof to the owner or occupant as a special assessment for improvements as herein provided, if the resolution is not complied with.
(Neb. RS 17-557.01) (1973 Code, § 8-201) Penalty, see § 10.99
Loading...