(A) (1) The Mayor and City Council may construct and repair sidewalks or cause the construction and repair of sidewalks in such manner as the Mayor and City Council deem necessary and assess the expense of such construction or repairs on the property in front of which such construction or repairs are made, after having given notice:
(a) By publication in one issue of a legal newspaper of general circulation in the city; and
(b) 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 construction or repair.
(2) The powers conferred under this section are in addition to those provided in Neb. RS 17-509 to 17-521 and may be exercised without creating an improvement district.
(B) (1) If any such owner shall neglect or refuse, or shall have failed, after notice has been given as provided in this section, to construct, repair, replace or reconstruct any sidewalk within the time limit in the notice given in such case, and whose duty it is made by this subchapter to construct, repair or rebuild such walks, the Street Superintendent or other officer empowered herein to act shall proceed at once, without further notice to such owner or person, to have such sidewalks constructed, repaired, rebuilt or reconstructed, and the expense of such work shall be assessed to such lot or piece of land and collected as provided by law.
(Prior Code, § 5-305)
(2) Said owner or owners shall be liable for all damages and injury occasioned by reason of the defective or dangerous condition of any sidewalk.
(Prior Code, § 5-301)
(C) All sidewalks shall be constructed and repaired in conformity with such plans and specifications as may be approved by the City Council.
(D) Assessments made under the provisions of this section shall be made and assessed in the following manner.
(1) Such assessment shall be made by the City Council at a special meeting, by a resolution, taking into account the benefits derived or injuries sustained in consequence of such improvements and the amount charged against the same, which, with the vote, shall be recorded in the minutes. Notice of the time of holding such meeting and the purpose for which it is to be held shall be published in a legal newspaper in or of general circulation in the in the city at least four weeks before the same shall be held or, in lieu thereof, personal service may be made upon persons owning or occupying property to be assessed.
(2) All such assessments shall be known as special assessments for improvements and shall be levied and collected as a separate tax in addition to the taxes for general revenue purposes, and shall be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other city taxes.
(Neb. RS 17-524)
Statutory reference:
Authority to improve through sidewalk district, see Neb. RS 19-2417 to 19-2419