CHAPTER 153: PUBLIC WAYS AND PROPERTY
Section
Village Property
   153.01   Definitions
   153.02   Maintenance and control
   153.03   Permitted use of public street space
   153.04   Prohibited obstructions
   153.05   Overhanging branches
   153.06   Cutting into paving, curb or sidewalk
Sale and Acquisition of Property; Public Works
   153.20   Sale and conveyance; real property
   153.21   Sale and conveyance; personal property
Sidewalks
   153.35   Requirement to keep clean
   153.36   Construction at owner’s initiative
   153.37   Construction and repair at village direction
Streets and Alleys
   153.50   Opening, widening, improving or vacating
   153.51   Construction notice
   153.52   Maintenance; graveling
   153.53   Names and numbers
   153.54   Excavation
   153.55   Driving stakes
   153.56   Mixing concrete
   153.57   Harmful liquids
   153.58   Snow, debris and the like on street prohibited
   153.59   Placement of culverts in street right-of-way
VILLAGE PROPERTY
§ 153.01 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   SIDEWALK SPACE. The portion of a street between curb lines and adjacent property lines.
   UTILITIES SUPERINTENDENT. The village official with general charge, direction and control of streets and sidewalks. If one official is responsible for streets and another official is responsible for sidewalks, UTILITIES SUPERINTENDENT shall mean whichever one is appropriate in the context the term is used.
§ 153.02 MAINTENANCE AND CONTROL.
   The Board of Trustees shall have the care, supervision and control of all public highways, bridges, streets, alleys, public squares and commons within the village and shall cause such highways, bridges, streets, alleys, public squares and commons to be kept open and in repair and free from nuisances.
(Neb. RS 17-567)
§ 153.03 PERMITTED USE OF PUBLIC STREET SPACE.
   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 Utilities Superintendent. 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 Utilities Superintendent.
Penalty, see § 10.99
§ 153.04 PROHIBITED OBSTRUCTIONS.
   (A)   It shall be unlawful for any person to obstruct, or encumber, by fences, gates, buildings, structures or otherwise, any of the streets, alleys or sidewalks.
   (B)   The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property permits or suffers to remain on any premises owned or controlled by him or her any hedge, shrubbery, bush or similar growth within two feet adjacent to the lot line, whether there is a sidewalk abutting or adjoining the premises or not. It shall be the duty of owners and occupants to at all times keep trimmed and pruned all such similar growth.
   (C)   Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property, or wholly upon the abutting property, and interfering with the use, making or construction of any public improvement or so that the roots thereof interfere with any utility wire or pipe shall be deemed an obstruction. Such trees and shrubs and their roots may be removed by the village at the expense of the owner of the property upon which the trees or shrubs are partially or wholly located if the owner fails or neglects, after notice, to do so.
   (D)   When any obstruction described in this section is determined to exist, the village may proceed against the owner or occupant of the property adjacent to the sidewalk space as provided in § 90.17.
Penalty, see § 10.99
§ 153.05 OVERHANGING BRANCHES.
   (A)   The owner or occupant of any lot, piece or parcel of ground abutting or adjacent to any street or sidewalk over which there extend 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 walk and at least 14 feet above the surface of the street or to the heights otherwise specified by the Board of Trustees.
   (B)   Whenever the branches or limbs of any tree extend over streets or sidewalks contrary to such provisions 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 village may proceed against the owner or occupant of the property abutting or adjacent to the street or sidewalk as provided in § 90.17.
Penalty, see § 10.99
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