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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
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
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
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
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)
(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, if it is desired to construct the sidewalk at any other than the regularly prescribed location, grade, or elevation, the city 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 city. 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 city official in charge of sidewalks.
(1973 Code, § 8-206) 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 city. 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 city.
(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 premise ten days prior to the commencement of construction. The notice required in this section shall be prepared by the City 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) The notice shall notify the owner of the premise of the passage of the resolution ordering him or her to construct or cause to be constructed a sidewalk within 30 days after the date of publication and further that if he or she fails to construct the sidewalk or cause the same to be done within the time allowed, the city will cause the sidewalk to be constructed and the cost thereof shall be levied and assessed as a special tax against the premise; provided, the notice shall contain the official estimate of the cost of the construction and no special assessment in excess of this estimate shall be assessed against the property.
(Neb. RS 17-522 and 17-523) (1973 Code, § 8-207)
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