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(A) Except as provided in division (G) below, the power of the village to convey any real property owned by it, including land used for park purposes and public squares, except real property used in the operation of public utilities, shall be exercised by resolution, directing the sale at public auction or by sealed bid of that property and the manner and terms thereof; except that, the property shall not be sold at public auction or by sealed bid when:
(1) The property is being sold in compliance with the requirements of federal or state grants or programs;
(2) The property is being conveyed to another public agency; or
(3) The property consists of streets and alleys.
(B) The Board of Trustees may establish a minimum price for real property at which bidding shall begin or shall serve as a minimum for a sealed bid.
(C) After the passage of the resolution directing the sale, notice of all proposed sales of property described in division (A) above and the terms thereof shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the village.
(D) (1) If, within 30 days after the third publication of the notice a remonstrance against the sale is signed by registered voters of the village equal in number to 30% of the registered voters of the village voting at the last regular village election held therein and is filed with the Board of Trustees, that property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a Saturday, Sunday or legal holiday, the signatures shall be collected within the 30-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day.
(2) Upon the receipt of the remonstrance, the Board of Trustees, with the aid and assistance of the Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The Board of Trustees shall deliver the remonstrance to the Election Commissioner or County Clerk by hand carrier, by use of law enforcement officials or by certified mail, return receipt requested.
(3) Upon receipt of the remonstrance, the Election Commissioner or County Clerk shall issue to the Board of Trustees a written receipt that the remonstrance is in the custody of the Election Commissioner or County Clerk. The Election Commissioner or County Clerk shall compare the signature of each person signing the remonstrance with the voter registration records to determine if each signer was a registered voter on or before the date on which the remonstrance was filed with the Board of Trustees. The Election Commissioner or County Clerk shall also compare the signer’s printed name, street and number or voting precinct and village or post office address with the voter registration records to determine whether the signer was a registered voter. The signature and address shall be presumed to be valid only if the Election Commissioner or County Clerk determines that the printed name, street and number or voting precinct, and village or post office address match the registration records and that the registration was received on or before the date on which the remonstrance was filed with the Board of Trustees. The determinations of the Election Commissioner or County Clerk may be rebutted by any credible evidence which the Board of Trustees finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of the remonstrance, the sufficiency of the remonstrance and the qualifications of the signer, shall be to prevent fraud, deception and misrepresentation in the remonstrance process.
(4) Upon completion of the comparison of names and addresses with the voter registration records, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name and address of each signer found not to be a registered voter and the signature page number and line number where the name is found, and if the reason for the invalidity of the signature or address is other than the non-registration of the signer, the Election Commissioner or County Clerk shall set forth the reason for the invalidity of the signature. If the Election Commissioner or County Clerk determines that a signer has affixed his or her signature more than once to the remonstrance and that only one person is registered by that name, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall count only the earliest dated signature.
(5) The Election Commissioner or County Clerk shall certify to the Board of Trustees the number of valid signatures necessary to constitute a valid remonstrance. The Election Commissioner or County Clerk shall deliver the remonstrance and the certifications to the Board of Trustees within 40 days after the receipt of the remonstrance from the Board of Trustees. The delivery shall be by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. Not more than 20 signatures on one signature page shall be counted.
(6) The Board of Trustees shall, within 30 days after the receipt of the remonstrance and certifications from the Election Commissioner or County Clerk, hold a public hearing to review the remonstrance and certifications and receive testimony regarding them. The Board of Trustees shall, following the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if sufficient valid signatures have been received.
(E) Real estate now owned or hereafter owned by the village may be conveyed without consideration to the state for state armory sites or, if acquired for state armory sites, shall be conveyed strictly in accordance with the conditions of Neb. RS 18-1001 through 18-1006.
(F) Following passage of the resolution directing a sale, publishing of the notice of the proposed sale and passing of the 30-day right-of-remonstrance period, the property shall then be sold. The sale shall be confirmed by passage of an ordinance stating the name of the purchaser and terms of the sale.
(Neb. RS 17-503)
(G) Divisions (A) through (F) above shall not apply to the sale of real property if the authorizing resolution directs the sale of real property, the total fair market value of which is less than $5,000. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the village for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required.
(Neb. RS 17-503.01)
(1995 Code, § 8-103)
(A) Prohibited obstructions.
(1) It shall be unlawful for any person to obstruct or encumber, by fences, gates, buildings, structures or otherwise, any of the streets, alleys or sidewalks.
(2) The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property permits or suffers to remain on any premises owned or controlled by him or her any hedge, shrubbery, bush or similar growth within two feet adjacent to the lot line, whether there is a sidewalk abutting or adjoining the premises or not. It shall be the duty of owners and occupants to at all times keep trimmed and pruned all such similar growth.
(3) Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property, or wholly upon the abutting property, and interfering with the use, making, or construction of any public improvement or so that the roots thereof interfere with any utility wire or pipe shall be deemed an obstruction. Such trees and shrubs and their roots may be removed by the village at the expense of the owner of the property upon which the trees or shrubs are partially or wholly located if the owner fails or neglects, after notice, to do so.
(4) When any obstruction described in this section is determined to exist, the village may proceed against the owner or occupant of the property adjacent to the sidewalk space as provided herein.
(1995 Code, § 8-104)
(B) Regulation of obstructions.
(1) The village shall have the power to remove all obstructions from the sidewalks, curbstones, gutters and crosswalks at the expense of the person placing them there or at the expense of the village and to require and regulate the planting and protection of shade trees in and along the streets and the trimming and removing of such trees.
(2) The village shall have the power to regulate the building of bulkheads, cellar and basement ways, stairways, railways, windows, doorways, awnings, hitching posts and rails, lampposts, awning posts, all other structures projecting upon or over and adjoining and all other excavations through and under the sidewalks in the village.
(Neb. RS 17-555)
(1995 Code, § 8-105) Penalty, see § 10.99
It is hereby the duty of the Utilities Superintendent or his or her duly authorized agent to view and inspect the sidewalk space within the corporate limits for growing weeds during the growing season and if rank and noxious weeds are found growing thereon, he or she shall notify the owner of occupant thereof to cut down such weeds as close to the ground as can be practicably done and keep the weeds cut thereon in like manner during the growing season for weeds. In the event that the owner of any lot or parcel of land within the municipality is a non-resident of the municipality or cannot be found therein, the notice may be given to any person having the care, custody or control of such lot or parcel of land. In the event that there can be found no one within the municipality to whom notice can be given, it shall be the duty of the Utilities Superintendent or his or her agent to post a copy of the notice on the premises and then to cut or cause the weeds thereon to be cut as therein provided and report the cost thereof in writing to the governing body. The cost shall then be audited and paid by the municipality and the amount thereof shall be assessed against the lot or parcel of land as a special tax thereon and shall be collected as are other taxes of the municipality or may be recovered by civil suit brought by the municipality against the owner of the parcel of land. In the event the property owner is a non-resident of the county in which the property lies, the municipality shall before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax tolls at the time such required notice was first published.
(1995 Code, § 8-106) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 17-563.01
SIDEWALKS
(A) The owner or occupant of any lot, piece or parcel of ground abutting or adjacent to any street or sidewalk over which there extend the branches of trees shall at all times keep the branches or limbs thereof trimmed to the height of at least eight feet above the surface of the walk and at least 14 feet above the surface of the street or to the heights otherwise specified by the Board of Trustees.
(B) Whenever the branches or limbs of any tree extend over streets or sidewalks contrary to such provisions so as to interfere with the lighting of the street from street lights or with the convenience of the public using the street or sidewalk, the village may proceed against the owner or occupant of the property abutting or adjacent to the street or sidewalk as provided herein.
(1995 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. Unless the Board of Trustees has provided otherwise, 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 9:00 a.m. the following day, and sidewalks within the residential areas of the village shall be cleaned within 24 hours after the cessation of the storm.
(1995 Code, § 8-202) Penalty, see § 10.99
(A) The village shall have power to prevent and remove all encroachments, including snow, ice, mud or other obstructions, into and upon all sidewalks, streets, avenues, alleys and other village property.
(Neb. RS 17-557)
(B) If the abutting property owner refuses or neglects, after five days’ notice by publication or, in place thereof, personal service of such notice, to remove all encroachments from sidewalks, as provided in division (A) above, the village, through the proper officers, may cause such encroachments to be removed, and the cost of removal shall be paid out of the street fund. The Board of Trustees shall assess the cost of the notice and removal of the encroachment against the abutting property as a special assessment. The special assessment shall be known as a special sidewalk assessment and, together with the cost of notice, shall be levied and collected as a special assessment in addition to the general revenue taxes and shall be subject to the same penalties as other special assessments and shall draw interest from the date of the assessment. Upon payment of the assessment, the assessment shall be credited to the Street Fund.
(Neb. RS 17-557.01)
(1995 Code, § 8-203)
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