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(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)