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(A) It shall be unlawful for the occupant of any lot or lots or the owner of any vacant lot or lots within the corporate limits to allow snow, sleet, mud, ice, or other substance to accumulate on the sidewalks or to permit any snow, sleet, ice, mud, or other substance to remain upon the sidewalk. All sidewalks within the business district shall be cleaned within five hours after the cessation of a storm, unless the storm or fall of snow shall have taken place during the night, in which case the sidewalk shall be cleaned before 9:00 a.m. the following day, provided that sidewalks within the residential areas of the municipality shall be cleaned within 24 hours after the cessation of the storm.
(B) Notice to remove such substance shall be made upon the owner, agent or occupant of the premises, the notice to demand the removal of the substance forthwith. If the person owning such premises be unknown or cannot be found or any reasonable service cannot be made upon any such owner, agent or occupant within this village, then and in that case such service of the notice shall be made by posting a typewritten copy thereof in some conspicuous place on the premises.
(1979 Code, Ch. 19, § 2)
(C) In case the owner, agent or occupant of any lot, lots or parcels of land shall fail to remove the ice, snow, mud or other substance after due notice shall have been given, then and in that case, it shall be the duty of the Police Chief to remove such substance, and the expense thereof shall be charged against the property as a special assessment for improvements.
(1979 Code, Ch. 19, § 3)
(D) In addition to the owner or occupant of any lot, lots or parcels of land being liable for the immediate removal of such snow, ice, mud or other substance from the walks or paths abutting their property, he or they may be charged, upon complaint of the Police Chief, with committing a misdemeanor and may be liable as determined by § 10.99.
(1979 Code, Ch. 19, § 4)
Penalty, see § 10.99
Cross reference:
Cutting into sidewalk, see § 93.045
Eave and gutter spout, see § 93.051
Statutory reference:
Authority to regulate, see Neb. RS 17-557
(A) The Board of Trustees may construct and repair sidewalks, or cause the construction and repair of sidewalks in such manner the Board of Trustees deems necessary and assess the expense thereof on the property in front of which such construction and repairs are made, after having given notice:
(1) By publication in one issue of a legal newspaper of general circulation in the village; and
(2) By either causing a written notice to be served upon the occupant in possession of the property involved or to be posted upon such premises ten days prior to the commencement of such repair or construction.
(B) The notice shall:
(1) Notify the owner of the property of the passage of the resolution;
(2) Contain the official estimate of the cost of the repair;
(3) Notify the owner that he or she may, within ten days after the date of publication of the notice, notify the village that he or she will repair the sidewalk within 30 days after such date of publication;
(4) Notify the owner that if he or she fails to so notify the village or, having so notified the village, fails to repair the sidewalk within the 30 days, the village will cause the sidewalk to be repaired and the cost thereof will be levied and assessed as a special tax against the premise;
(C) If the property owner is a non-resident of the county in which the property lies, the village shall, before levying any special assessment against that property, send a copy of any notice, which is 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.
(D) All sidewalks shall be repaired in conformity with such plans and specifications as may be approved by the Utilities Superintendent.
(E) Assessments made under this section shall be made and assessed in the manner provided in Neb. RS 17-524. No special assessment in excess of the estimate contained in the notice shall be assessed against the property.
Statutory reference:
Authorizing provisions, Neb. RS 17-522 through 17-524
No person shall be allowed to keep or use the space beneath the sidewalk lying between lot line and curb line unless a permit therefor shall have been obtained from the Board of Trustees. Before any permit shall be granted, the applicant for the permit shall submit plans and specifications of any present or proposed construction to the Village Engineer. Should such plans or specifications be disapproved by the Engineer, no permit shall be granted therefor. All permits hereafter granted shall continue only upon the condition that the party receiving the same shall build, maintain, and keep in repair a sidewalk over such space used or constructed to be used and pay all damages that may be sustained by any person by reason of such use or by reason of the sidewalk being defective or in a dangerous condition. As a condition precedent to the issuance or continuance of any permit for the use of any space underneath the municipal sidewalks as herein contemplated, the Board of Trustees may require the applicant to furnish a bond to the municipality as obligee for the benefit of any person or persons who may suffer any damage or damages by reason of such use. The bond shall be in such sum as the Board of Trustees, in its discretion, may designate.
Penalty, see § 10.99
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