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(A) It shall be unlawful for any person, association, or company to place any personal property, of any nature whatsoever, upon the sidewalk space within the business district of the city.
(B) For the purposes of this section, the business district shall be defined as Broadway Street running from Cedar Street to Pierce Street and Main Street running from Hughson Street to Wayne Street. The foregoing shall not, however, apply to the following:
(1) The placement on the sidewalk space of vending machines in a manner which does not reasonably hinder foot traffic;
(2) The placement on the sidewalk space of items for seasonable or special sale in a manner which does not reasonably hinder foot traffic, provided that all such items must be removed from the sidewalk at the close of business or 9:00 p.m., Central Time, whichever is earlier;
(3) The placement on the sidewalk space of seat benches, decorative planters or trash receptacles in a manner which does not reasonably obstruct or hinder foot traffic; or
(4) The placement on the sidewalk space of items being loaded or unloaded for a period of time reasonably necessary to complete such loading or unloading which period of time shall not exceed two business hours.
(Ord. 604, passed 1-4-2000) Penalty, see § 10.99
SIDEWALKS
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 said sidewalks. All sidewalks within the business district shall be cleaned within five hours afer the cessation of a storm unless the storm or fall of snow shall have taken place during the night, in which case the sidewalks shall be cleaned before 10:00 a.m. the following day. In said business district, defined as Main Street between Hughson Street and Wayne Street, and Broadway Street between Nebraska Street and Douglas Street, removal of snow, sleet, ice, mud and other substance may be accomplished by either manually removing such substance using a shovel, by a walk behind or ride snow blower, use of skid loader, and UTV with snow removal equipment attached. Any other means of mechanical removal, including the use of tractors with loaders is prohibited within the business district. Any damages caused during the clearing of snow, sleet, ice, mud, and any other substance is the responsibility and at cost of property owner to repair/replace. Sidewalks within the residential areas of the municipality shall be cleaned within 24 hours after the cessation of the storm. In case such abutting property owner refuses or neglects after 24 hours, to remove all encroachments, including snow, sleet, ice, mud or other substances from such sidewalks as provided in this section, the city may cause such encroachments to be removed and the costs of removal paid out of the Street Fund. The Council shall assess the cost of the notice and removal of the encroachment against such abutting property. Such special assessment shall be known as the special sidewalk assessment and together with the costs of notice shall be levied and collected as a special tax in addition to the general revenue tax and shall be subject to the same penalties and draw interest from the date of the assessment. Upon payment of the assessment, the same shall be credited to the Street Fund.
(Prior Code, § 8-201) (Ord. 654, passed 10-5-2011; Ord. 737, passed 1-11-2023) Penalty, see §
10.99
Statutory reference:
Generally, see Neb. RS 17-557, 17-557.01
Every owner of any lot, lots, or piece of land within the corporate limits shall, at all times, keep and maintain the sidewalk along and contiguous to said lot, lots, or pieces of land, as the case may be, in good and proper repair and in a condition reasonably safe for travel for all travelers thereon. In the event that the owner or owners of any lot, lots, or lands abutting on any street, avenue, or part thereof shall fail to construct or repair any sidewalk in front of his, her, or their lot, lots, or lands within the time and in the manner as directed and required herein, after having received due notice to do so, they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition of any sidewalk, and the governing body shall have power to cause any such sidewalks to be constructed or repaired and assess the costs thereof against such property. In the event the property owner is a non-resident of the county in which the property lies, the city shall, before levying any special assessment against the property, send a copy of any notice 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.
(Neb. RS 17-557.01) (Prior Code, § 8-202)
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