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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
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
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
(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)
(A) In case any person, under order given or permit granted constructs a sidewalk, including any curb cuts and ramps, in violation of the terms of this chapter or of the rules, regulations and specifications prescribed by the City Council, the City Engineer may stop the construction and order the same to be made in accordance with the chapter, rules, regulations and specifications. In the event any sidewalk shall be found to have been constructed in violation of the chapter, rules, regulations or specifications, the City Council may order the same to be rebuilt or relocated in a manner provided for construction of new sidewalks. Notification to the person shall be made in accordance with § 94.021 of this code.
(B) If the owner of the adjoining lot or piece of land fails to comply with the notice, the City Council may proceed to have the construction done in the manner provided herein for the construction of a new sidewalk. In such case, the cost thereof shall be assessed as a special tax against the adjoining lot or piece of land in manner as provided by law.
(Prior Code, § 94.024) (Ord. 3041, passed 5-6-1985; Ord. 03-15, passed 5-19-2003; Ord. 08-05, passed 3-17-2008) Penalty, see § 94.999
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