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Any person engaged in the erection, construction, reconstruction, wrecking, or repairing of any building, or the construction or repair of a sidewalk along any street, may occupy the public street space with the building material and equipment as long as is necessary if such person makes application to and receives a permit to do so in writing from the Overseer of Streets. No permit shall authorize the occupancy of more than one-third of the roadway of the public space adjacent to the real estate on which the building or sidewalk is to be erected, constructed, reconstructed, wrecked, or repaired. A suitable passageway for pedestrians shall be maintained within the public space included in the permit, which passageway shall be protected and lighted in the manner required by the Overseer of Streets.
Penalty, see § 10.99
(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 City Council. Before any person obtains a permit, he or she shall inform the City Clerk of the place where such cutting is to be done and it shall be the duty of the Overseer of Streets to inspect the proposed place of entry into the paving, sidewalk, or curb.
(B) When cutting into any paving, curb, or sidewalk, it shall be the duty of the party to comply with such rules and regulations as may be prescribed by the City Council or the City Engineer. When the applicant is ready to close the opening made, he or she shall inform the Overseer of Streets, who shall supervise and inspect the materials used and the work done in closing the opening.
(C) It shall be discretionary with the City Council to order the Overseer of Streets, under the supervision and inspection of the City Engineer or the committee of the Council on the streets and alleys, to do the cutting and closing of the paving, curb, or sidewalk and charge the costs thereof to the party who obtained the permit. The City Council may consent to the cutting and closing of the paving, curb, or sidewalk by the party holding the permit.
(D) Before any permit is issued by the City Council, the applicant for the permit shall deposit with the City Treasurer a sum set by resolution of the City Council for all paving, curb, or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the city for the purpose of replacing the paving, curb, or sidewalk in the event the work is done by the city. If the Board elects to require the applicant to replace the paving, curb, or sidewalk, the deposit shall be retained by the city until the work is completed to the satisfaction of the Overseer of Streets or of the committee of the City Council on streets and alleys.
(E) In addition to making the deposit, the applicant shall, before any permit is issued, execute a bond to the city with a good and sufficient surety to be approved by the City Council in a sum set by resolution.
Penalty, see § 10.99
(A) It shall be unlawful for any person to move or operate heavy equipment across any curb, gutter, bridge, culvert, sidewalk, crosswalk, or crossing on any unpaved street without first having protected such curb, gutter, bridge, culvert, sidewalks, crosswalk, or crossing with heavy plank sufficient in strength to warrant against the breaking or damaging of such curb, gutter, bridge, culvert, sidewalk, crosswalk, or crossing.
(B) It shall be unlawful to run, drive, move, operate, or convey over or across any paved street a vehicle, machine, or implement with sharp discs or sharp wheels that bear upon the pavement; with wheels having cutting edges; with wheels having lugs, any protruding parts, or bolts thereon that extend beyond a plain tire so as to cut, mark, mar, indent, or otherwise injure or damage any pavement, gutter, or curb, except that where heavy vehicles, structures, and machines move along paved or unpaved streets the city police are hereby authorized and empowered to choose the route over which the moving of such vehicles, structures, or machines will be permitted and allowed.
Penalty, see § 10.99
It is hereby the duty of the Building Inspector, 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 weeds and worthless vegetation that are noxious, obstruct travel on public ways, or create a fire or health hazard, are found growing thereon, he or she shall notify the owner or 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 city is a non-resident of the city 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 city to whom notice can be given, it shall be the duty of the Building Inspector 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 City Council. The cost shall then be audited and paid by the city, 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 city; or may be recovered by civil suit brought by the city 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 city 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 rolls at the time such required notice was first published.
(Prior Code, § 8-105)
(A) Assessment and creation procedure.
(1) The City Council may, by ordinance, create a Special Improvement District for the purpose of replacing, reconstructing, or repairing an existing street, alley, water line, or sewer line or any other such improvement.
(2) Except as provided in Neb. RS 19-2428 to 19-2431, the City Council may levy a special assessment, to the extent of such benefits, for the costs of such improvements upon the properties found specially benefitted thereby, whether or not such properties were previously assessed for the same general purpose. In creating such special improvement district, the City Council shall follow procedures applicable to the creation and assessment of the same type of improvement district as otherwise provided by law.
(Prior Code, § 8-107)
(B) Land adjacent. Any city may include land adjacent to such city when creating an improvement district, such as a sewer, paving, water, water extension, or sanitary sewer extension district. The City Council may levy a special assessment for the costs of such improvements upon the properties found specially benefitted thereby, except as provided in § 95.64.
(Prior Code, § 8-108)
(Ord. 429, passed 9-15-1987; Ord. 431, passed 9-15-1987)
Statutory reference:
Related provisions, see Neb. RS 18-1751 and 19-2427
(A) Permit required for excavation. It shall be unlawful for any person or persons, corporation or corporations, partnerships or associations, or other entities, to excavate in any manner or remove or disturb any city sidewalk, curb, or service in any city street, alley, sidewalk, public park, or other property of the city, including public areas which have no such sidewalks, curbs, or other hard surface, and city easements unless such person or persons, corporation or corporations, partnership, or association, or other business entity shall first have obtained a permit from the city authorizing such excavation.
(B) Compliance with other chapters. In no event shall any excavation be made for sanitary sewer installation, repair or maintenance except in compliance with Chapter 51; nor shall any excavation be made for city water system connections, installation, repair, or maintenance except in compliance with Chapter 52; nor shall any excavation be made for city natural gas installation, repair, or maintenance except in compliance with Chapter 53.
(C) Application for permit. Anyone desiring to make application for a permit under the provisions of this chapter shall submit a written application to the City Clerk on a form provided by the City Clerk and shall include written proof that all public utilities having cables, pipes, and lines within the city, including city utilities, have been adequately informed of any proposed excavation.
(D) Surety bond. No permit shall be issued for any excavation as provided herein until there has been filed with the City Clerk a bond with sureties acceptable to the city in the sum of $1,000, conditioned upon the full observance of city ordinances applicable to such excavation and that said applicant will indemnify the city for all losses and damages sustained by reason of any negligence on the part of the permitted, his or her agents, or employees while engaged in excavating or any costs sustained in enforcing the terms of the bond.
(E) Restoration of excavated area. Whenever such excavation or removal is completed, such person shall forthwith restore any street, alley, sidewalk, curb, public park, or public place to the same condition in which it was prior to the excavation.
(F) Protection of excavated area. No person shall excavate or leave any such excavation without properly barricading the same and maintaining at night warning lights thereon, upon any pile of earth, plant, stone, or building materials placed nearby. Such person shall also indemnify the city for any and all liability for damages arising out of such excavation removal.
(G) Request for location. Any person planning excavation activities of any type not affecting public property or easements shall request pipeline location services of the utility. The request shall be made in person at the City Office Building, 335 Main Street, or by phone (402-687-2485). Excavation shall not commence until verification of the presence or absence of pipelines in the work area has been received and gas, water, or sewer facilities are marked.
(H) Information needed at time of application or request. A person applying for a permit or requesting pipeline locations should be prepared to provide the following information:
(1) The name, address, and phone number of the individual responsible for excavation;
(2) An accurate location of the proposed work site;
(3) The date and time planned for commencement and expected duration of operations;
(4) The method of excavation, including information concerning any use of explosives; and
(5) In cases not covered by the permit process, a reasonable convenience arrangement by which the utility can notify the caller of the presence or absence of underground facilities in the excavation area. Such arrangement may be a phone call from the utility, an on-site meeting, a meeting at the utility office, or a subsequent call (by the person) to the utility.
(I) Utility response to application or request.
(1) The utility’s response to a permit application or request for pipeline location shall include: recording pertinent information, verification of the presence or absence of underground facilities; temporary marking of utility lines near the work site; and notifying the applicant or caller of the presence of utility lines and the marking system used to identify their location(s).
(2) When possible, the utility shall notify the person requesting line location within 48 hours of his or her application or request. Notice may be by acknowledgment on the permit application, by telephone, or in person and shall be given whether or not utility lines are in the work area. Where lines are present, notice will also include information about the method of marking. The utility shall determine the presence of pipelines in the work area and provide tempo marking where necessary. Whenever possible, marking shall be completed within 24 hours of the receipt of necessary information.
(J) Pipeline markers.
(1) Pipelines shall be marked with flags, paint or stakes using the following color code:
(a) Yellow: natural gas;
(b) Blue: water; and
(c) Green: sewer.
(2) City Utilities is not responsible for location of other utility facilities as part of a pipeline locating request. Temporary markings or markers shall be made or placed as necessary to show the location of pipelines and cables. On gas pipelines, markers shall be placed above the pipeline at not less than 25 foot intervals (where physically possible) for a distance of 1,550 feet either side of the proposed work area. Gas pipeline markers shall indicate the diameter of the pipeline, though excavators should not use line markers as absolute guides for close proximity digging the power equipment.
(Prior Code, § 8-109) (Ord. 452, passed 12-5-1989; Ord. 470, passed 5-7-1991) Penalty, see § 10.99
SALE AND ACQUISITION OF PROPERTY; PUBLIC WORKS
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