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OBSTRUCTIONS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
STREET and AVENUE. All the ground between lot boundaries, including sidewalks, trails and curbing grounds up to the lot line on each side of any street, avenue or alley, and either of the two words shall be construed as inclusive of the other.
(Prior Code, § 94.001)
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 trees, shrubs and their roots may be removed by the city at the expense of the owner of the property upon which the tree or shrub 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.
Penalty, see § 94.999
(A) When any obstruction hereinbefore prohibited shall exist, the City Engineer shall order removal of the same at once or the City Engineer may, and if it be a building or other structure erected or maintained in part upon an adjacent lot, the Engineer must notify the owner of the adjacent lot to remove the obstruction. The notice shall be served:
(1) Personally, or by certified mail, or by posting a written copy thereof on the premises; or
(2) If the lot be unoccupied and the owner be a nonresident of the city, then either by certified mail or by one publication in the official newspaper of the city.
(B) If the owner fails to remove the obstruction within three days from date of notice, the City Engineer shall order removal of the obstruction, and if the obstruction be a building, fence or other structure, the material thereof shall be placed on the premises owned or occupied by the party responsible hereunder for maintaining the obstruction. The City Engineer shall immediately report to the City Council whatever expense is incurred in the name of the city by any such removal, and the person maintaining or charged with the duty of removing the obstruction shall be held liable to the city for the amount so expended. The amount shall be recovered by action in court or the City Council may, at its discretion, assess the sum as a special tax against the lot or parcel of ground in the manner as provided for by law for special taxes. The notice in this section provided for is only necessary before removal of a building, fence or other structure by the City Engineer, but not necessary as a basis for prosecution and conviction under the provisions of this subchapter.
(Prior Code, § 94.003) (Ord. 3165, passed 6-1-1987)
Statutory reference:
Authorization, see Neb. Rev. Stat. § 16-207
(A) A permit to use a portion of a street for temporary storage of materials or for a builder’s shed to house tools while a building is being erected or repaired on an adjacent lot or for any other use in connection with the erection or repair may be secured by the owner of the lot as hereinafter provided.
(B) The owner shall file an application in writing for the permit with the Clerk, setting forth the portion of the street to be occupied, the time the occupancy is to continue and the nature of the materials to be there placed. The Clerk shall forthwith refer the application to the City Administrator which may grant or refuse the permit in the City Administrator’s discretion.
(C) No permit shall be issued until the applicant, in form approved by the City Administrator, shall have signed and delivered to the city a signed indemnification agreement which shall hold the city free and harmless from any claims, costs, judgments or expenses accruing by reason of any injuries whatever sustained as a result of the occupation and use.
(D) The applicant may be required to place storm water run-off best management practices, inlet protection or other devices. The applicant will replace or repair any sidewalk, pavement, parking meter or other city property removed, damaged or destroyed.
(Prior Code, § 94.004) (Ord. 748, passed 11-19-1952) Penalty, see § 94.999
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