(A) The municipality shall have power to prevent and remove all encroachments, including snow, ice, mud or other obstructions, into and upon all sidewalks, streets, avenues, alleys, and other municipal property.
(B) If the abutting property owner refuses or neglects, after five days notice by publication or, in place thereof, personal service of such notice, to remove all encroachments from sidewalks, as provided in division (A), the municipality through the proper officers may cause such encroachments to be removed, and the cost of removal shall be paid out of the Street Fund. The governing body shall assess the cost of the notice and removal of the encroachment against the abutting property as a special assessment. The special assessment shall be known as a special sidewalk assessment, and, together with the cost of notice, shall be levied and collected as a special assessment in addition to the general revenue taxes and shall be subject to the same penalties as other special assessments and shall draw interest from the date of the assessment. Upon payment of the assessment, the assessment shall be credited to the street fund.
(`75 Code, § 8-105) (Ord. 336, passed 3-3-98; Am. Ord. 559, passed 2-9-16) Penalty, see § 10.99
Statutory reference:
Authority to remove obstructions, Neb. RS 17-555
Authority to regulate and abate obstructions, 17-557 and 17-557.01
Cross-reference:
Requirement to keep sidewalks clean, § 93.30