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§ 94.09 IMPROVEMENT DISTRICT; LAND ADJACENT.
   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)
§ 94.10 PUBLIC WORKS INVOLVING ARCHITECTURE OR ENGINEERING; REQUIREMENTS.
      (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
§ 94.20 OVERHANGING BRANCHES.
   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
§ 94.21 KEPT CLEAN.
   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 8:30 a.m. the following day; provided, sidewalks within the residential areas of the city shall be cleaned within 24 hours after the cessation of the storm.
(Neb. RS 17-557) (1973 Code, § 8-202) Penalty, see § 10.99
§ 94.22 BENEATH.
   No person shall be allowed to keep or use the space beneath the sidewalk lying between lot line and curb line unless a permit therefor shall have been obtained from the City Council. Before any permit shall be granted, the applicant for the permit shall submit plans and specifications of any present or proposed construction to the City Engineer. Should the plans or specifications be disapproved by him, no permit shall be granted therefor. All permits hereafter granted shall continue only upon the condition that the party receiving the same shall build, maintain, and keep in repair a sidewalk over the space used or constructed to be used and pay all damages that may be sustained by any person by reason of the use or by reason of the sidewalk being defective or in a dangerous condition. As a condition precedent to the issuance or continuance of any permit for the use of any space underneath the city sidewalks as herein contemplated, the City Council may require applicant to furnish a bond to the city as obligee for the benefit of any person or persons who may suffer any damage or damages by reason of the use. The bond shall be in the sum as the City Council, in its discretion, may designate.
(1973 Code, § 8-203) Penalty, see § 10.99
§ 94.23 MAINTENANCE.
   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. 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 such sidewalks to be constructed or repaired and assess the costs thereof against the property.
(Neb. RS 17-557.01) (1973 Code, § 8-204) Penalty, see § 10.99
§ 94.24 REPAIR.
   The city official in charge of sidewalks may require sidewalks of the city to be repaired. 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. The repairs shall be completed within 21 days after issuance of the notice. No special assessment shall be levied against the property unless the owner shall neglect or refuse to repair within the time prescribed and in the event that the owner fails to repair, the city shall cause the repairs to be made and assess the property owner the expense of the repairs.
(1973 Code, § 8-205)
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