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(A) Whenever the governing body of a municipality creates an improvement district as specified in § 93.31, which includes land adjacent to the municipality, which is within an agricultural use zone and is used exclusively for agricultural use, the owners of record title of such adjacent land may apply for a deferral from special assessments. For purposes of this section, the terms AGRICULTURAL USE and AGRICULTURAL USE ZONE shall have the meaning specified in Neb. Rev. Stat. 77-1343.
(B) Any owner of record title eligible for the deferral granted by this section shall, to secure such assessment, make application to the governing body of the municipality within 90 days after creation of an improvement district as specified in § 93.30. Any owner of record title who makes application for the deferral provided by this section shall notify the County Register of Deeds of such application in writing prior to approval by the governing body. The governing body shall approve the application of any owner of record title upon determination that the property is within an agricultural use zone and is used exclusively for agricultural use, and the owner has met the requirements of this section.
(C) The deferral provided for in this section shall be terminated upon any of the following events:
(1) Notification by the owner of record title to the governing body to remove such deferral;
(2) Sale or transfer to a new owner who does not make a new application within 60 days of the sale or transfer, except as provided in division (C)(3) below;
(3) Transfer by reason of death of a former owner to a new owner who does not make application within 125 days of the transfer;
(4) The land is no longer being used as agricultural land; or
(5) Change of zoning to other than an agricultural zone. Whenever property which has received a deferral pursuant to this section becomes disqualified for such deferral, the owner of record title of such property shall pay to the municipality an amount equal to:
(a) The total amount of special assessments which would have been assessed against such property, to the extent of special benefits, had such deferral not been granted; and
(b) Interest upon the special assessments not paid each year at the rate of 6% from the dates at which such assessments would have been payable if no deferral had been granted.
(D) In cases where the deferral provided by this section is terminated as a result of a sale or transfer described in division (C)(2) or (C)(3) above the lien for assessments and interest shall attach as of the day preceding such sale or transfer.
(Prior Code, § 8-311) (Ord. 1983-12, passed 11-2-1983; Ord. 1987-12, passed 10-7-1987)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 19-2428 through 19-2431
(A) The Street Commissioner may require the owner of property served by a driveway approach constructed or maintained upon the street right-of-way to repair or replace any such driveway approach which is cracked, broken, or otherwise deteriorated to the extent that it is causing or is likely to cause damage to or interfere with any street structure including pavement or sidewalks.
(B) The Village Clerk shall give the property owner notice by registered letter or certified mail, directed to the last-known address of such owner or the agent of such owner, directing the repair or replacement of such driveway approach. If within 30 days of mailing such notice the property owner fails or neglects to cause such repairs or replacements to be made, the Street Commissioner may cause such work to be done and assess the cost upon the property served by such approach.
(Prior Code, § 8-312) (Ord. 1984-12, passed 11-7-1984)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 18-1748
(A) SPECIAL DAMAGES shall mean only those losses or damages or injuries which a property owner suffers that are peculiar or special or unique to his or her property and which result from the Board of Trustees vacating a street, avenue, alley, lane, or similar public way. SPECIAL DAMAGES shall not mean those losses or damages or injuries that a property owner suffers that are in common with the rest of the village or public at large, even though those losses or damages or injuries suffered by the property owner are greater in degree than the rest of the village or public at large.
(B) Whenever the Board of Trustees decides that it would be in the best interests of the village to vacate a street, avenue, alley, lane, or similar public way, the Board of Trustees shall comply with the following procedure.
(1) Notice. Notice shall be given to all abutting property owners either by first class mail to their last known address or if there is no known address then by publishing the notice in a newspaper that is of general circulation in the village. The content of the notice shall advise the abutting property owners that the Board of Trustees will consider vacating such street, avenue, alley, lane, or similar public way at its next regular meeting or, if a special meeting is scheduled for such discussion, then the date, time, and place of such meeting.
(2) Consent; waiver. The Board of Trustees may have all the abutting property owners sign a form stating that they consent to the action being taken by the Board of Trustees and waive their right of access. The signing of such form shall have no effect on claims for special damages by the abutting property owners but shall create the presumption that the Board of Trustees’ action was proper. If the abutting property owners do not sign the consent/waiver form, the Board of Trustees may still proceed with vacating the street, avenue, alley, lane, or similar public way under the authority granted by Neb. Rev. Stat. 17-558 and 17-559.
(3) Ordinance. The Board of Trustees shall pass an ordinance that includes essentially the following provisions:
(a) A declaration that the action is expedient for the public good or in the best interests of the village;
(b) A statement that the village will have an easement for maintaining all utilities; and
(c) A method or procedure for ascertaining special damages to abutting property owners.
(C) The Chairperson shall appoint three, five, or seven disinterested residents of the village to a special commission to ascertain the amount of special damages that the abutting property owners are entitled to receive and which resulted from the Board of Trustees vacating the street, avenue, alley, lane, or similar public way. The appointees of the special commission shall be approved by the Board of Trustees. Only special damages shall be awarded to the abutting property owners.
(D) In determining the amount of compensation to award the abutting property owners as special damages, the commission shall use the following rule: an abutting property owner is entitled to recover as compensation the difference between the value of the property immediately before and immediately after the vacating of such street, avenue, alley, lane, or similar public way. If no difference in value exists, the abutting property owner is entitled to no compensation.
(Prior Code, § 8-314) (Ord. 1986-14, passed 11-5-1986; Ord. 2002-39, passed 10-16-2002)
(A) It shall be unlawful for any person to cut into any paving, curb, or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the governing body therefor. Before any permit is issued by the governing body, the applicant shall inform the Village Clerk of the place where such cutting is to be done, audit shall be the Utility Superintendent’s duty to inspect the proposed place of entry into the paving, sidewalk, or curb and report to the governing body regarding the propriety of the location of the cuts. It shall be discretionary with the governing body to order the Utility Superintendent to do the work of cutting and closing the paving and charge the costs thereof to the party who obtained the permit. The governing body may consent to the work of cutting and closing the paving to be done by the party applying for the permit.
(B) Before any permit is issued by the governing body, the applicant shall deposit with the Municipal Treasurer the sum of $1,000 for all paving, curb, or sidewalk to be cut. The deposit shall be retained by the municipality for the purpose of replacing the paving, curb, or sidewalk in the event the work is done by the municipality. In the event the municipality consents to the work of cutting and closing the paving to be done by the party applying for the permit, the deposit shall be retained by the municipality until the work is completed to the satisfaction of the governing body. If the work is not done to the satisfaction of the governing body, the municipality may take corrective action to remedy any deficiencies in the work done by the permit holder and apply the deposit to cover the cost of the corrective action. If the deposit is insufficient to cover the cost of the corrective action, the permit holder shall be liable to the municipality for the balance of the cost of the corrective action.
(C) When the permit holder is ready to close the opening made, the permit holder shall inform the Utility Superintendent, who shall supervise and inspect the materials and the work done in closing the opening. No paving or sidewalk shall be replaced until the ground below is adequately backfilled and compacted to the satisfaction of the Utility Superintendent.
(Prior Code, § 8-401) (Ord. 2007-2, passed 5-9-2007) Penalty, see § 94.99
Statutory reference:
Related provisions, see Neb. Rev. Stat. 17-505
(A) Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter set forth at full length herein or incorporated by reference, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(B) (1) Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate, and remove the same in the manner provided by law.
(2) Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Prior Code, § 8-501) (Ord. 2002-16, passed 10-16-2002; Ord. 2004-18, passed 10-6-2004)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 17-207, 17-505, 18-1720, and 18-1722