§ 94.003 REMOVAL OF OBSTRUCTION.

   (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

§ 94.004 OCCUPATION OF STREET; PERMITS.

   (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

§ 94.005 PERMIT REQUIRED FOR SHOWS.

   No itinerant carnival company, show troupe or other itinerant entertainment or commercial entertainment of any nature shall be permitted to occupy any portion of any street for erection of any tent, stand, booth or other structure or for the parking of any vehicle to be used in lieu of such. Nor shall any traveling aggregation of the type commonly known and designated as a carnival show be permitted, upon any public grounds within the city without first having obtained a specific permit therefor from the City Council and paying such fee as set by resolution. The applicant may be required to place stormwater run-off best management practices, inlet protection or other devices. The City Administrator may, in the City Administrator’s discretion, issue the permit without submitting the request to the City Council.

(Prior Code, § 94.005) Penalty, see § 94.999

§ 94.006 PERMITS REQUIRED FOR STANDS.

   It shall be unlawful for any person to erect, construct or maintain any booth, stand, tent or other structure for any purpose in any street. A permit for temporary erection, construction or maintenance of the booth, stand, tent or other structure may be issued by the City Council when circumstances shall be deemed to make it advisable, upon applicant complying with all rules, regulations and conditions prescribed by the City Council, unless a solicitor’s permit has been granted pursuant to § 110.21 of this code.

(Prior Code, § 94.006) Penalty, see §  94.999

SIDEWALKS AND CURBS

§ 94.020 CONSTRUCTION, REPAIR, REPLACEMENT AND RECONSTRUCTION OF SIDEWALK REQUIRED.

   Whenever the City Council shall deem it necessary that a sidewalk be constructed, replaced, repaired or reconstructed along any lot or piece of land in the city in which there is either no sidewalk or an existing sidewalk that needs to be repaired, replaced or reconstructed, the City Council may so order by a vote of the majority of its members.

(Prior Code, § 94.020) (Ord. 03-15, passed 5-19-2003; Ord. 08-05, passed 3-17-2008)

Statutory reference:

   Failure to construct or repair; power of city, see Neb. Rev. Stat. § 16-662

§ 94.021 NOTICE OF CONSTRUCTION.

   Whenever the City Council shall order any sidewalk to be constructed, replaced, repaired or reconstructed, the City Engineer shall thereupon cause the owner of record of the lot or piece of land to be notified of the order. The notice served upon the property owner shall specify the time in which the owner shall perform, or cause to be performed, the work and shall further inform the owner that if the owner fails to cause the improvement(s) to be made as directed within the time specified in the notice of construction, then and in that event, the city will cause the improvement(s) to be made and the costs thereof to be levied and assessed thereafter as a special tax against the property. The notice provided herein shall be given by first class mail. The City Engineer shall determine the length of time the owner shall have to complete the construction, repair, replacement or reconstruction based upon the City Engineer’s determination of the severity of the problem, the time of year and the danger to pedestrians. In no event shall the notice of construction provide for a term less than 30 days or longer than 12 months from the date of notification. The City Engineer’s specified time to be allowed for construction, repair, replacement or reconstruction shall be included with the recommendation to the City Council when it considers the order to construct, repair, replace or reconstruct and may be modified by the City Council.

(Prior Code, § 94.021) (Ord. 03-15, passed 5-19-2003; Ord. 03-27, passed 8-4-2003; Ord. 08-05, passed 3-17-2008)

Statutory reference:

   Improvements; requirements, see Neb. Rev. Stat. § 16-649

§ 94.022 CONSTRUCTION PERMITS REQUIRED.

   Any person desiring to construct, reconstruct or cause to be constructed, any sidewalk on any street abutting the person’s property shall obtain a permit and survey as herein provided. It shall be unlawful for any person to construct or reconstruct any sidewalk without first having obtained a permit and survey. Application for the permit shall be made in writing, filed in the office of the City Engineer and shall give a description of the lot or piece of land along which it is desired to construct the sidewalk. The City Engineer shall grant the permit unless good cause shall appear why the permit should be denied; provided, that if it is desired to construct the sidewalk at other than the regularly prescribed location, grade or elevation or of other than the regularly prescribed type of construction, the City Engineer and the City Administrator shall then determine whether or not to allow the variance.

(Prior Code, § 94.022) (Ord. 03-15, passed 5-19-2003) Penalty, see § 94.999

Statutory reference:

   Authority, see Neb. Rev. Stat. § 16-661

§ 94.023 SURVEY.

   (A)   When a permit is granted for construction of a sidewalk, the City Engineer shall make or cause to be made a site visit survey indicating the location, grade and elevation of the sidewalk. It shall be unlawful for any person to construct or cause to be constructed the sidewalk, including intersection ramp if applicable, at any other location, grade or elevation than so designated. In determining the location, grade and elevation, the City Engineer shall conform to such specifications, rules or regulations as the City Council may prescribe.

   (B)   The site visit survey (one) shall be made by the City Surveyor within ten days after the application being filed for the sidewalk permit. The fees of the City Surveyor and City Engineer shall be paid by the city, but if the person obtaining the permit and survey fails or neglects to construct the curbing or sidewalk within 60 days thereafter or requests a second survey, the fee shall be assessed to the permit obtaining the permit and the applicant shall be liable to the city for the fee paid for the survey.

(Prior Code, § 94.023) (Ord. 3041, passed 5-6-1985; Ord. 03-15, passed 5-19-2003)