A. Petition Method of Sidewalk Construction. Upon the petition of any freeholder who desires to build such a permanent sidewalk, the council may by ordinance order the same to be built, and that the cost of the same until paid shall be a perpetual lien upon the real estate along which the freeholder desires such sidewalk to be constructed, and the City may assess and levy the costs of same against such real estate in the manner provided by law. The total cost of the building of the permanent sidewalk shall be levied at one time upon the property along which such permanent sidewalk is to be built, and become delinquent as herein provided: One-seventh of the total cost shall become delinquent in ten days after such levy; one-seventh in one year; one-seventh in two years; one-seventh in three years; one-seventh in four years; one-seventh in five years; one-seventh in six years. Each of such installments, except the first, shall draw interest at the rate of not exceeding seven percent per annum from the time of the levy aforesaid until the same shall become delinquent; and after the same shall become delinquent interest at the rate of three-fourths of one percent per month shall be paid thereon as in the case of other special taxes. The council shall pay for the building of such permanent sidewalk out of the general fund.
B. Sidewalks; Failure to Improve.
1. Whenever it shall be determined by a three-fourths vote of the city council that public sidewalks are not in place contiguous to the street side boundary lines of any lot, tract, or parcel of land within the city, or that any sidewalks then in place are of insufficient width for usual and convenient use by the public, or that any sidewalks are not laid upon property grade and line, or are of defective construction, or are in a state of disrepair, or are obstructed so as to make such sidewalks unsafe, dangerous or hazardous for public use, then the Public Works Department shall send notice to the property owner giving 15 days to obtain a permit and an additional 15 days to construct or repair the sidewalk as required. Notice will be sent by regular United States mail to the owner’s last known address.
2. In case the owner or owners of any lot, lots or lands abutting on any street or avenue, or part thereof, shall fail to construct or repair any sidewalk in front of his, her or their lot, lots or lands within the time and in the manner as directed and required by the mayor and council, after having received due notice to do so, they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition of any sidewalk; and the mayor and council shall have power to cause such sidewalk to be constructed or repaired and assess the cost thereof against such property in the manner provide by law for the levying and collection of special assessments.
3. In addition to the foregoing, the Council by a three-fourths vote of all members may, by ordinance, create a sidewalk district pursuant to §19-2417, R.R.S. Neb., and cause such sidewalk to be constructed, reconstructed, or repaired as the case may be and shall contract thereof. The council shall levy assessments on the lots and parcels of land abutting on or adjacent to the sidewalk improvements especially benefited thereby in such district in proportion to the benefits, to pay the cost of such improvement. All assessments shall be a lien on the property on which levied from the date of the levy until paid. The assessment of the special tax, for the sidewalk improvement, shall be levied at one time and shall become delinquent as follows: One-seventh of the total assessment shall become delinquent in ten days after such levy; one-seventh in one year; one-seventh in two years; one-seventh in three years; one-seventh in four years; one-seventh in five years; and one-seventh in six years. Each of such installments, except the first, shall draw interest at the rate of not exceeding seven percent per annum from the time of the levy until the same shall become delinquent; and after the same shall become delinquent, interest at the rate of fourteen percent per annum shall be paid thereon as in the case of other special taxes. All such assessments shall be made and collected in accordance with the procedure established for paving assessments. The power to establish a sidewalk district shall be cumulative to the general authority of the City to regulate sidewalks.
C. Bonds, Warrants, Payments. For the purpose of paying the cost of sidewalk improvements in any sidewalk district, the council may, by ordinance, cause to be issued bonds of the City, to be called Sidewalk Bonds of District No., payable in not exceeding six years from date, and to bear interest annually or semi-annually at not exceeding six percent per annum, with interest coupons attached. Such bonds shall be general obligations of the City with principal and interest payable from a fund made up of the special assessments collected and supplemented by transfers from the general fund to make up any deficiency in the collection of the special assessments. For the purpose of making partial payments as the work progresses, warrants may be issued by the council, upon certificate of the engineer in charge showing the amount of the work completed, in a sum not exceeding eighty percent of the cost thereof, which warrants shall be redeemed and paid upon the sale of the bonds issued and sold as aforesaid.
D. Waiver of Sidewalk Requirements. This section shall be of no force or effect with respect to any property subject to a waiver of sidewalk requirements granted by the city council as provided by this Code.
(Amended by Ord. No. 9205, effective 02/25/09)