Section
General Provisions
31.01 Corporate existence
31.02 Service of process
31.03 Powers of city
31.04 Codification of ordinances
Meetings
31.15 Definitions
31.16 Open to public; notice; agenda
31.17 Closed sessions; chance meetings
31.18 Emergency meetings
31.19 Minutes
31.20 Voting
31.21 Notice to media
31.22 Participation by public
31.23 Meeting day and time; quorum; call to order
31.24 Rules of conduct
31.25 Expedited consent agenda
31.26 Power to compel witnesses and testimony
Elections
31.40 General provisions
31.41 Representation at large; term
31.42 Initiative and referendum
City Property
31.55 Responsibility for maintenance and control
31.56 Sale or conveyance; real property
31.57 Removal of obstructions; permitted obstructions
31.58 Overhanging branches
31.59 Procedure for appraisal and acquisition of real property
31.60 Public works construction; architect or professional engineer required; exceptions
31.99 Penalty
GENERAL PROVISIONS
All process affecting the city may be served by personal, residence, or certified mail upon the Chief Executive Official or the Clerk.
(Neb. RS 25-510.02(2)) (Prior Code, § 1-102) (Ord. 1748, passed 10-1-1984)
Statutory reference:
Similar state law provisions, see Neb. 16-115
The city is a body corporate and politic. It shall have the power to sue and be sued; to purchase, lease, and lease with option to buy; to acquire property by gift or devise; to hold real and personal property within or without the limits of the city, and real estate sold to satisfy unpaid tax obligations for the use of the city in such manner and upon such terms and conditions as may be deemed in the best interests of the city; to sell, exchange, or lease any personal or real property owned by the city, including park land, in such manner and upon such terms and conditions as may be deemed in the best interests of the city, provided that real estate owned by the city may be conveyed without consideration to the state or to the state Armory Board for state armory sites, or if acquired for state armory sites, shall be conveyed in the manner strictly as provided in Neb. RS 18-1001 through 18-1006; to make all contracts and do all other acts in relation to the concerns of the city as may be necessary in the exercise of its corporate powers; and to exercise such other and further powers as may be conferred by law.
(Neb. RS 16-201) (Prior Code, § 1-103)
The city shall have the power to revise the ordinances of the city from time to time and publish the same in book form. The revision shall be evidenced by a general codification ordinance which shall repeal all other ordinances in conflict and embrace as the governing law of the city all provisions therein. All ordinances in force at the time of the codification shall continue in force for the purpose of all rights acquired, fines, penalties, forfeitures, and liabilities incurred.
(Prior Code, § 1-104)
Statutory reference:
Similar state law provisions, see Neb. RS 16-247
MEETINGS
(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MEETINGS. All regular, special, or called meetings, formal or informal, of a public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action.
(Prior Code, § 1-601)
PUBLIC BODY.
(a) The governing body of the city;
(b) All independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies now or hereafter created pursuant to law;
(c) Advisory committees of the bodies listed above; and
(d) Instrumentalities exercising essentially public functions.
(B) This subchapter shall not apply to subcommittees of the bodies unless a quorum of the public body attends a subcommittee meeting or unless the subcommittees are holding hearings, making policy, or taking formal action on behalf of their parent body.
(Prior Code, § 1-602)
(Ord. 1707, passed 10-3-1983) (Ord. 2005-2723, passed 2-7-2005)
Statutory reference:
Similar state law provisions, see Neb. 84-1409(2)
(A) The formation of public policy is public business and may not be conducted in secret. Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided by the Constitution of Nebraska, federal statutes, and the Open Meetings Act.
(B) (1) Each public body shall give reasonable advance publicized notice of the time and place of each meeting as provided in division (B)(2) of this section. The notice shall be transmitted to all members of the public body and to the public.
(2) The notice shall be published by:
(a) Publication in a newspaper of general circulation within the public body's jurisdiction and, if available, on such newspaper's website; or
(b) Posting written notice in three conspicuous public places in the city. The notice shall be posted in the same three places for each meeting.
(3) In addition to a method of notice required by division (B)(2) of this section, the notice shall also be provided by any other appropriate method designated by the public body.
(4) Each public body shall record the methods and dates of the notice in its minutes.
(5) The notice shall contain an agenda of subjects known at the time of the publicized notice or a statement that the agenda, which shall be kept continually current, is readily available for public inspection at the office of the public body during normal business hours. Agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. Except for items of an emergency nature, the agenda shall not be altered later than 24 hours before the scheduled commencement of the meeting or 48 hours before the scheduled commencement of a meeting of the City Council scheduled outside the corporate limits of the city. The public body shall have the right to modify the agenda to include items of an emergency nature only at such public meeting.
(Prior Code, § 1-603) (Ord. 2005-2723, passed 2-7-2005; Ord. 2006-2773, passed 7-3-2006; Ord. 2021-3031, passed 10-18-2021)
Statutory reference:
Similar state law provisions, see Neb. RS 84-1408, 84-1411
(A) Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if the individual has not requested a public meeting. The subject matter and the reason necessitating the closed session shall be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such reasons as:
(1) Strategy sessions with respect to collective bargaining, real estate purchases, pending litigation or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body;
(2) Discussion regarding deployment of security personnel or devices;
(3) Investigative proceedings regarding allegations of criminal misconduct; or
(4) Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if the person has not requested a public meeting.
(B) Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to any public body.
(C) The vote to hold a closed session shall be taken in open session. The entire motion, the vote of each member on the question of holding a closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. If the motion to close passes, then the presiding officer immediately prior to the closed session shall restate on the record the limitation of the subject matter of the closed session. The public body holding such a closed session shall restrict its consideration to matters during the closed portions to only those purposes set forth in the motion to close as the reason for the closed session. The meeting shall be reconvened in open session before any formal action may be taken. For purposes of this section,
FORMAL ACTION shall mean a collective decision or a collective commitment or promise to make a decision on any question, motion, proposal, resolution, order, or ordinance or formation of a position or policy, but shall not include negotiating guidance given by members of the public body to legal counsel or other negotiators in closed sessions authorized under division (A)(1) of this section.
(D) (1) Any member of the public body shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for:
(a) The protection of the public interest; or
(b) The prevention of needless injury to the reputation of an individual.
(2) The challenge shall be overruled only by a majority vote of the members of the public body. The challenge and its disposition shall be recorded in the minutes.
(E) Nothing in this section shall be construed to require that any meeting be closed to the public. No person or public body shall fail to invite a portion of its members to a meeting and no public body shall designate itself a subcommittee of the whole body for the purpose of circumventing the provisions of this chapter. No closed session, informal meeting, chance meeting, social gathering, e-mail, fax, or electronic communication shall be used for the purpose of circumventing the provisions of this chapter.
(F) This chapter shall not apply to chance meetings, or to attendance at or travel to conventions or workshops of members of a public body at which there is no meeting of the body then intentionally convened, if there is no vote or other action taken regarding any matter over which the public body has supervision, control, jurisdiction, or advisory power.
(Prior Code, § 1-604) (Ord. 2005-2723, passed 2-7-2005; Ord. 2006-2773, passed 7-3-2006)
When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in the meeting shall pertain only to the emergency. The emergency meetings may be held by means of electronic or telecommunication equipment. The provisions of § 31.21 of this chapter shall be complied with in conducting emergency meetings. Complete minutes of the emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public by no later than the end of the next regular business day.
(Prior Code, § 1-605) (Ord. 1707, passed 10-3-1983; Ord. 2005-2723, passed 2-7-2005)
Statutory reference:
Similar state law provisions, see Neb. RS 84-1411
Each public body shall keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed. The minutes of all meetings and evidence and documentation received or disclosed in open session shall be public records and open to public inspection during normal business hours. Minutes shall be written and available for inspection within ten working days, or prior to the next convened meeting, whichever occurs earlier.
(Prior Code, § 1-606) (Ord. 2005-2723, passed 2-7-2005)
Statutory reference:
Similar state law provisions, see Neb. RS 84-1412, 84-1413
Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session, and the record shall state how each member voted, or if the member was absent or not voting. The requirements for a roll call or viva voce vote shall be satisfied by the public body utilizing an electronic voting device which allows the yeas and nays of each member of the public body to be readily seen by the public. The vote to elect leadership within the public body may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes. An affirmative vote of a majority of the elected members of the governing body shall be required for the transaction of any business.
(Prior Code, § 1-607) (Ord. 2005-2723, passed 2-7-2005)
Statutory reference:
Similar state law provisions, see Neb. 16-503, 84-1413
The City Clerk, Secretary, or other designee of each public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting, and the subjects to be discussed at that meeting.
(Prior Code, § 1-608)
Statutory reference:
Similar state law provisions, see Neb. RS 84-1411
(A) Subject to the provisions of this subchapter, the public shall have the right to attend and the right to speak at meetings of public bodies, and all or any part of a meeting of a public body, except for closed sessions called pursuant to § 31.17, may be videotaped, televised, photographed, broadcast, or recorded by any person in attendance by means of a tape recorder, camera, video equipment, or any other means of pictorial or sonic reproduction or in writing.
(B) It shall not be a violation of this section for any public body to make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, televising, photographing, broadcasting, or recording its meetings. A public body may not be required to allow citizens to speak at each meeting, nor may it forbid public participation at all meetings.
(C) No public body shall require members of the public to identify themselves as a condition for admission to the meeting. The public body may, however, require any member of the public desiring to address the body to identify himself or herself.
(D) No public body shall, for the purpose of circumventing the provisions of this subchapter, hold a meeting in a place known by the body to be too small to accommodate the anticipated audience.
(E) No public body shall be deemed in violation of this section if it holds its meeting in its traditional meeting place which is located in this state. No public body shall be deemed in violation of this section if it holds a meeting outside of this state if, but only if:
(1) A member entity of the public body is located outside of this state and the meeting is in that member's jurisdiction;
(2) All out-of-state locations identified in the notice are located within public buildings used by members of the entity or at a place which will accommodate the anticipated audience;
(3) Reasonable arrangements are made to accommodate the public's right to attend, hear, and speak at the meeting, including making a telephone conference call available at an instate location to members, the public, or the press, if requested 24 hours in advance;
(4) No more than 25% of the public body's meetings in a calendar year are held out-of-state;
(5) Out-of-state meetings are not used to circumvent any of the public government purposes established in the state Open Meetings Act;
(6) Reasonable arrangements are made to provide viewing at other instate locations for a videoconference meeting if requested 14 days in advance and if economically and reasonably available in the area; and
(7) The public body publishes notice of the out-of-state meeting at least 21 days before the date of the meeting in a legal newspaper of statewide circulation.
(F) The public body shall, upon request, make a reasonable effort to accommodate the public's right to hear the discussion and testimony presented at the meeting.
(G) Public bodies shall make available at the meeting, for examination and copying by members of the public, at least one copy of all reproducible written material to be discussed at an open meeting.
(H) Public bodies shall make available at least one current copy of the Open Meetings Act posted in the meeting room at a location accessible to members of the public. At the beginning of the meeting, the public shall be informed about the location of the posted information.
(Prior Code, § 1-609) (Ord. 1707, passed 10-3-1983; Ord. 1789, passed 4-21-1986; Ord. 2005-2723, passed 2-7-2005; Ord. 2006-2773, passed 7-3-2006)
Statutory reference:
Similar state law provisions, see Neb. RS 84-1412
(A) The regular meetings of the governing body shall be held in the City Council Chambers. Regular meetings shall be held on the first and third Mondays of each month at the hour of 5:30 p.m., except if the regular meeting day falls on a holiday, then the meeting shall be the following day.
(B) Special meetings may be called by the Mayor, City Manager, or two members of the City Council, the object of which shall be submitted to the Council in writing. The call and object, as well as the disposition thereof, shall be entered upon the journal by the City Clerk. On filing the call for a special meeting, the City Clerk shall notify the Council members of the special meeting, stating the time and its purpose. Notice of a special meeting need not be given to a Council member known to be out of the state, or physically unable to be present.
(C) The Council shall hold its regular meeting on the first Monday in December following the general elections in every even numbered year.
(D) A majority of all members elected to the Council shall constitute a quorum for the transaction of business, but a less number may adjourn, from time to time, and compel the attendance of the absent members. At the hour appointed for the meeting, the City Clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present, the Council shall be called to order by the Mayor, if present, or if absent, by the Vice President of the Council. In the absence of both the Mayor and the Vice President of the Council, the City Council members shall elect a President pro tempore.
(Prior Code, § 1-610) (Ord. 1680, passed 4-4-1983; Ord. 1794, passed 4-21-1986; Ord. 2005-2723, passed 2-7-2005; Ord. 2015-2916, passed 5-18-2015; Ord. 2019-2983, passed 7-1-2019)
Statutory reference:
Similar state law provisions, see Neb. RS 16-401, 16-402, 19-615, 19-617
The business and proceedings of the meeting of the Council shall be conducted in accordance with the following rules.
(A) The presiding officer may refer back to any order of business after passing it, if there is no objection from any Council member.
(B) The presiding officer shall preserve order at all meetings and when any Council member is called to order, he or she shall be seated until the point is decided. All questions of order shall be decided by the presiding officer, subject to appeal to the Council. In such appeal, a Council member shall state briefly what in his or her opinion the ruling should have been and upon this appeal being seconded, the question of the appeal shall be put by the presiding officer.
(C) When a question is being put by the presiding officer, no Council member shall leave the Council Chambers.
(D) If not covered in this section, questions of procedure and conduct at Council meetings shall be decided by the President of the Council in accordance with Robert's Rules of Order.
(E) Upon request of any Council member, any motion or resolution shall be reduced to writing before being acted upon.
(F) No motion shall be put or discussed until it has been seconded.
(G) The minutes of the meeting shall show the Council member who offered or introduced a motion, resolution, or ordinance and the Council member seconding the same.
(H) The "yeas" and "nays" upon any question shall be taken and entered on the minutes on request of any Council member.
(I) The Council may reprimand or censure any of its members for improper behavior as Council member.
(J) Any resolution, ordinance, or motion may be withdrawn by its introducer or mover with consent of the Council member seconding same, before same is voted upon.
(K) Motions to reconsider may only be made by a Council member who voted with the majority.
(L) The presiding officer may reasonably limit the time during which any person not a member of the Council may address a Council meeting.
(M) The presiding officer may express his or her opinion on any subject being discussed or debated by the Council.
(N) The rules may be suspended on the affirmative vote of three-fourths of the members of the Council.
(Prior Code, § 1-611) (Ord. 2005-2723, passed 2-7-2005)
Statutory reference:
Similar state law provisions, see Neb. RS 16-403
(A) There is hereby established a consent agenda procedure for the transaction of certain routine business at Council meetings. The intent of this procedure is to expedite the conducting of routine business at Council meetings to allow more time to be devoted to substantive issues by condensing the time necessary to process routine items, but yet allowing an opportunity for full discussion in consideration of the items if appropriate.
(B) The procedure to be followed is as follows.
(1) Items considered by the City Manager to be of routine and non-controversial nature may be placed by him or her on the agenda for regular Council meetings and special Council meetings under the heading of "consent agenda." The items shall be clearly worded to indicate action to be taken by the Council.
(2) At the Council meeting, the Mayor will review those items placed on the consent agenda and ask if any member of the Council or public in attendance wish to have an item removed from the consent agenda and placed on the regular agenda. Requests are not debatable, and will be complied with without discussion.
(3) After all items have been removed from the consent agenda, as requested by a member of the Council or public in attendance, the Council will then consider adoption of the actions recommended and specified in the consent agenda by a single motion and vote of the Council.
(4) All items listed on the consent agenda shall be recorded in the minutes individually and in their proper form, and the vote recorded adopting the recommended and specified action on the consent agenda shall be shown as the vote on each item in the minutes.
(Prior Code, § 1-612)
The Council or any committee of the members thereof shall have power to compel the attendance of witnesses for the investigation of matters that may come before them. The presiding officer of the Council, or chairperson of the committee for the time being, may administer the requisite oaths. The Council or committee shall have the same authority to compel the giving of testimony as is conferred on courts of justice.
(Prior Code, § 1-613)
Statutory reference:
Similar state law provisions, see Neb. RS 16-406
ELECTIONS
The City Council shall be made up of five Council members. Council members shall be elected from the city at large unless the City Council by ordinance provides for the election of all or some of its Council members by wards. Council members shall serve for a term of four years and until their successors are elected and have qualified, except that the first election under an ordinance changing the manner of election shall be for all Council members irrespective of their manner of election.
(Prior Code, § 1-806)
CITY PROPERTY
The governing body 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.
(Prior Code, § 8-101)
Statutory reference:
Authority, see Neb. RS 16-609
(A) Except as provided in division (G) of this section, the power of the municipality 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 of such sales, 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 governing body 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) of this section and the terms of such sales shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the municipality.
(D) (1) If within 30 days after the third publication of the notice a remonstrance petition against the sale is signed by registered voters of the municipality equal in number to 30% of the registered voters of the municipality voting at the last regular municipality election held therein and is filed with the governing body, that property shall not then, nor within one year thereafter, be sold. If the date for filing the petition 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 governing body, with the aid and assistance of the Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the petition. The governing body shall deliver the petition 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 petition, the Election Commissioner or County Clerk shall issue to the governing body a written receipt that the petition 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 petition with the voter registration records to determine if each signer was a registered voter on or before the date on which the petition was filed with the governing body. The Election Commissioner or County Clerk shall also compare the signer's printed name, street and number or voting precinct, and municipality 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 municipality or post office address match the registration records and that the registration was received on or before the date on which the petition was filed with the governing body. The determinations of the Election Commissioner or County Clerk may be rebutted by any credible evidence which the governing body 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 petition, the sufficiency of the petition, and the qualifications of the signer, shall be to prevent fraud, deception, and misrepresentation in the petition 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 nonregistration 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 governing body 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 governing body within 40 days after the receipt of the remonstrance from the governing body. 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 governing body 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 governing body 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 municipality 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) of this section 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 municipality 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)
(Prior Code, § 8-102) (Ord. 96-2375, passed 11-4-1996; Ord. 99-2505, passed 3-1-1999; Ord. 2020-3005, passed 5-4-2020)
(A) Trees and shrubs, growing upon or near the lot line, or upon public ground and interfering with the use or construction of any public improvements, shall be deemed an obstruction under this subchapter. Trees, shrubs and their roots may be removed by the city at the expense of the owner of the property upon which the tree or shrub is located should the owner fail, or neglect, after notice, to do so. It shall be unlawful for any person, persons, firm, or corporation to obstruct, or encumber, by fences, gates, buildings, structures, or otherwise, any of the streets, alleys, or sidewalks.
(Prior Code, § 8-103)
(B) (1) It shall be unlawful for any person to place any building material, sand, gravel, dirt, trash, or debris of any kind or character in any of the streets, alleys or sidewalks of the city.
(2) It shall be the duty of the owner, tenant, or lessee of property upon which any building or improvement is in course of construction, and the duty of his or her contractors and builders, to use no more of the public street and sidewalk than may be necessary for the construction of the improvement. It shall be the duty of the Public Works Director or Chief of Police to prevent the accumulation of building materials in the public streets and highways. They may designate how much of the public streets and highways may be occupied with building materials, and may order the prompt removal of the material beyond the limits.
(Prior Code, § 8-104)
Statutory reference:
Authority, see Neb. RS 16-207, 16-210, 16-609
The owner or occupant of any lot, piece, or parcel of ground abutting or adjacent to any street or sidewalk over which there extends 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 street or walk. Whenever the limbs or branches of any tree or trees extend over streets or sidewalks contrary to the provisions herein 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 governing body at any regular or special meeting may pass a resolution ordering the owner or occupant to cut or remove the obstructions within five days after having received a copy thereof from the Public Works Director stating that the city will remove the branches and charge the costs thereof to the owner or occupant as a special assessment for improvements as herein provided, if the resolution is not complied with. 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 the required notice was first published.
(Prior Code, § 8-105)
Statutory reference:
Authority, see Neb. RS 16-207, 16-210
(A) When acquiring an interest in real property by purchase or eminent domain, the city shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and public hearing.
(Neb. RS 18-1755)
(B) The city shall not purchase, lease-purchase, or acquire for consideration real property having an estimated value of $100,000 or more unless an appraisal of the property has been performed by a certified real estate appraiser.
(Neb. RS 13-403)
(Prior Code, § 8-106)
(Ord. 99-2503, passed 3-11-1999)
(A) Except as provided in division (B) of this section, the city shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications, and estimates have been prepared, and the construction has been observed, by an architect, professional engineer, or those under the direct supervision of an architect or professional engineer.
(B) Division (A) of this section shall not apply to the following activities:
(1) Any public works project with contemplated expenditures for the completed project that do not exceed $100,000;
(2) Any alteration, renovation, or remodeling of a building if the alteration, renovation, or remodeling does not affect architectural or engineering safety features of the building;
(3) Performance of professional services for itself if the city appoints a city engineer or employs a full-time person licensed under the Engineers and Architects Regulation Act who is in responsible charge of architectural or engineering work;
(4) The practice of any other certified trade or legally recognized profession;
(5) Earthmoving and related work associated with soil and water conservation practices performed on any land owned by the city that is not subject to a permit from the Department of Natural Resources;
(6) The work of employees and agents of the city performing, in accordance with other requirements of law, their customary duties in the administration and enforcement of codes, permit programs, and land use regulations and their customary duties in utility and public works construction, operation, and maintenance;
(7) Those services ordinarily performed by subordinates under direct supervision of a professional engineer or those commonly designated as locomotive, stationary, marine operating engineers, power plant operating engineers, or manufacturers who supervise the operation of or operate machinery or equipment or who supervise construction within their own plant;
(8) The construction of city water wells as defined in Neb. RS 46-1212, the installation of pumps and pumping equipment into city water wells, and the decommissioning of city water wells, unless the construction, installation, or decommissioning is required by the city to be designed or supervised by an engineer, or unless legal requirements are imposed upon the city as a part of a public water supply; and
(9) Any other activities described in Neb. RS 81-3449 to 81-3453.
(Prior Code, § 8-107) (Ord. 99-2504, passed 3-1-1999; Ord. 2012-2875, passed 6-28-2012)
Statutory reference:
Similar state law provisions, see Neb. RS 81-3423, 81-3445, 81-3449 through 81-3453
(A) Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular section for which the person stands convicted of violating, the penalty for the violation shall be in any amount not to exceed $1,000 and/or imprisonment for any length of time not to exceed three months, in the discretion of the court.
(B) Whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of the failure to comply.
(Prior Code, § 1-1201)