CHAPTER 95: PUBLIC WAYS AND PROPERTY

Section

City Property

   95.01   Definitions

   95.02   Streets, alleys, walks, malls, and other improvements

   95.03   Maintenance and control

   95.04   Regulation of obstructions

   95.05   Regulation of snow, ice, and other encroachments

   95.06   Overhanging branches

   95.07   Cutting into paving, curb, or sidewalk

   95.08   Heavy equipment

   95.09   Weeds

   95.10   Special improvement district

   95.11   Excavation

Sale and Acquisition of Property; Public Works

   95.25   Sale and conveyance; real property

   95.26   Acquisition of property; construction; elections, when required

   95.27   Acquisition of real property

   95.28   Public works involving architecture or engineering; requirements

Sidewalks

   95.40   Requirement to keep clean

   95.41   Construction at owner’s initiative

   95.42   Construction and repair at city direction

   95.43   Construction by petition

Streets and Alleys

   95.55   Opening, widening, improving, or vacating

   95.56   Driveway approaches

   95.57   Excavation

   95.58   Mixing concrete

   95.59   Harmful liquids

   95.60   Snow, debris, and the like on street prohibited

   95.61   Construction notice

   95.62   Construction assessment

   95.63   Petition for improvements

   95.64   Deferral from special assessments

   95.65   Improvements

   95.66   Vacating public ways; procedure

   95.67   Closing designated public ways

   95.68   Snow emergencies

CITY PROPERTY

§ 95.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   OVERSEER OF STREETS. The city official with general charge, direction, and control of streets and sidewalks. If one official is responsible for streets and another official is responsible for sidewalks, OVERSEER OF STREETS shall mean whichever one is appropriate in the context the term is used.

   SIDEWALK SPACE. The portion of a street between curb lines and adjacent property lines.

§ 95.02 STREETS, ALLEYS, WALKS, MALLS, AND OTHER IMPROVEMENTS.

   (A)   The City Council may grade, partially or to an established grade, change grade, curb, recurb, gutter, regutter, pave, gravel, regravel, macadamize, remacadamize, widen, or narrow streets or roadways, resurface or re-lay existing pavement, or otherwise improve any streets, alleys, public grounds, public ways, entirely or partially, and streets which divide the city corporate area and the area adjoining the city; construct or reconstruct pedestrian walks, plazas, malls, landscaping, outdoor sprinkler systems, fountains, decorative water ponds, lighting systems, and permanent facilities; and construct sidewalks and improve the sidewalk space. These projects may be funded at public cost or by the levy of special assessments on the property especially benefitted in proportion to such benefits, except as provided in Neb. RS 19-2428 through 19-2431.

   (B)   The City Council may, by ordinance, create improvement districts, to be consecutively numbered, which may include two or more connecting or intersecting streets, alleys, or public ways, and may include two or more types of the improvements authorized under this section in a single district in one proceeding.

   (C)   All of the improvements which are to be funded by a levy of special assessment on the property especially benefitted shall be ordered as provided in Neb. RS 17-510 to 17-512, except as otherwise provided in Neb. RS 17-509.

(Neb. RS 17-509)

Statutory reference:

   Other provisions on improvements, assessments, and bonds, see Neb. RS 17-513 to 17-524, 18-1751, 19-2401, and 19-2408 to 19-2415

§ 95.03 MAINTENANCE AND CONTROL.

   The City Council shall have the care, supervision, and control of all public highways, bridges, streets, alleys, public squares, and commons within the city and shall cause the same to be kept open and in repair and free from nuisances.

(Neb. RS 17-567)

§ 95.04 REGULATION OF OBSTRUCTIONS.

   (A)   The city may 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 city and require and regulate the planting and protection of shade trees in and along the streets and the trimming and removing of such trees.

   (B)   The city may 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 city.

(Neb. RS 17-555)

§ 95.05 REGULATION OF SNOW, ICE, AND OTHER ENCROACHMENTS.

   (A)   The city 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 city 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 city 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 City Council 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)