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§ 95.019 WEEDS.
   It is hereby the duty of the Street Commissioner or his or her duly authorized agent to view and inspect the sidewalk space within the corporate limits for growing weeds during the growing season and, if rank and noxious weeds are found growing thereon, he or she shall notify the owner or occupant thereof to cut down such weeds as close to the ground as can be practicably done and keep the weeds cut thereon in like manner during the growing season for weeds. In the event that the owner of any lot or parcel of land within the city is a non-resident of the city or cannot be found therein, the notice may be given to any person having the care, custody, or control of such lot or parcel of land. In the event that there can be found no one within the city to whom notice can be given, it shall be the duty of the Street Commissioner or his or her agent to post a copy of the notice on the premises and then to cut or cause the weeds thereon to be cut as therein provided and report the cost thereof in writing to the governing body. The cost shall then be audited and paid by the city and the amount thereon shall be assessed against the lot or parcel of land as a special tax thereon and shall be collected as are other taxes of the city or may be recovered by civil suit brought by the city against the owner of the parcel of land. 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 in the current tax rolls at the time such required notice was first published.
(Prior Code, § 8-105)
§ 95.020 PERSONAL PROPERTY ON SIDEWALK SPACE IN BUSINESS DISTRICT.
   (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
§ 95.035 KEPT CLEAN.
   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
§ 95.036 MAINTENANCE.
   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)
§ 95.037 REPAIR.
    The Street Commissioner may require sidewalks of the city to be repaired in accordance with the sidewalk construction specifications set forth in § 95.039(D). Notice to the owners of property upon which such sidewalks in disrepair are located shall require within 48 hours from issuance of notice to said owners to make arrangements to have the sidewalk repaired. Said repairs shall be completed within 21 days after issuance of said notice in accordance with § 95.039(D). No special assessment shall be levied against the property unless said owner shall neglect or refuse to repair within the time prescribed and, in the event that such owner fails to repair, the city shall cause the repairs to be made and assess the property owner the expense of such repairs. In the event the property owner is a non-resident of Cedar or Pierce County in which the property lies, the city shall, before levying any special assessment against that 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.
(Prior Code, § 8-203) (Ord. 717, passed 9-1-2021)
§ 95.038 CONSTRUCTION BY OWNER.
    Any person desiring to construct, or cause to be constructed, any sidewalk, shall do so only as herein provided and in accordance with the sidewalk construction specifications set forth in § 95.039(D). It shall be unlawful for any person to construct any sidewalk without first having obtained a permit. Said owner shall make application in writing for a permit and file such application in the office of the City Clerk. The permit shall give a description of the lot or piece of land along which the sidewalk is to be constructed. The Street Commissioner shall issue the desired permit unless good cause shall appear why said permit should be denied; provided, if it is desired to construct the sidewalk at any other than the regularly prescribed location, grade, or elevation, the Street Commissioner shall submit the application to the governing body who shall determine whether the permit should be granted or denied. It shall be unlawful for any person to construct, or cause to be constructed, said sidewalk at any other location, grade, or elevation than so designated by the city. All sidewalks shall be built and constructed on the established grade or elevation and, if there is no established grade, then on the grade or elevation indicated by the Street Commissioner. All sidewalks shall be designed and constructed in accordance with § 95.039(D). Said sidewalk construction shall be inspected by the Street Commissioner and if at any time the Street Commissioner finds that work is proceeding in violation of the permit issued for such construction or in violation of any ordinances, rules, or regulations of the city, he or she may stop the work and said construction shall not again proceed until the builder makes any needed corrections to comply with said requirements.
(Prior Code, § 8-204) (Ord. 717, passed 9-1-2021) Penalty, see § 10.99
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