(A) Trees, plants, or shrubs growing upon or near the lot line of any property and interfering with the use or construction of any public improvements, roads, streets, alleys, or rights of way shall be deemed an obstruction under this section. Such obstructions and their roots may be removed by the village at the expense of the owner of the property upon which the obstruction 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. The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property shall permit or suffer to remain on any premise owned or controlled by him or her any trees, plants, shrubs, or vegetation, or similar growth within two feet adjacent to the lot line whether there is a sidewalk abutting or adjoining such premise or not. It shall be the duty of owners and occupants to at all times keep trimmed and pruned all such similar growth.
(B) If the obstruction is vegetation not concerning encroachment upon utilities, notice to abate and remove such obstruction and notice of the right to a hearing and the manner in which it may be requested shall be given to each owner or occupant by the Chief of Police or his or her designee as provided for in § 93.056 of the Village Code of Ordinances. In addition, violation of the section may be considered an offense under § 10.99 of the Village Code of Ordinances. If the obstruction is non-vegetation, enforcement may be provided for by the Village Chief of Police or his or her designee or the action of the Village Board of Trustees. For the purpose of carrying out the provisions of this section, the Village Police Department shall have the authority to enter upon private property to inspect the obstructions thereon.
(C) It shall be the duty of an owner or occupant engaged in construction of any building or improvement upon or near the public ways and property to have all excavations or exposures of any kind protected and guarded by suitable guards or barricades by day and by warning lights at night. In the event of failure, neglect, or refusal to comply with the provisions of this subchapter, it shall be the duty of the village to stop all work upon the buildings and improvements until suitable guards are erected and kept in the manner aforesaid.
(D) Persons 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 such building material and equipment as long as is necessary if such persons shall make application to and receive a permit in writing from such village employee as is designated by the Village Board of Trustees to do so, provided that no permit for the occupancy of the sidewalk space and more than one-third of the roadway of the public space adjacent to the real estate on which the building is to be constructed, erected, reconstructed, wrecked, or repaired shall be granted, and provided further that a suitable passageway for pedestrians shall be maintained within the public space included in the permit which shall be protected and lighted in the manner required by such village employee as is designated by the Village Board of Trustees.
(Am. Ord. D-337, passed 8-7-2018) Penalty, see § 10.99
Statutory reference:
Authority to remove obstructions, see Neb. RS 17-555
Authority to regulate and abate obstructions, see Neb. RS 17-557 and 17-557.01