CHAPTER 152: PUBLIC WAYS AND PROPERTY
Section
City Property
   152.001   Definitions
   152.002   Special improvement district; assessment and creation
   152.003   Improvement district; land adjacent
   152.004   Maintenance and control
   152.005   Permitted use of public street space
   152.006   Poles, wires and pipe lines
   152.007   Dangerous stairways and entrances
   152.008   Prohibited obstructions
   152.009   Trees in sidewalk space
   152.010   Overhanging branches
   152.011   Signs and canopies
   152.012   Cutting into paving, curb or sidewalk
   152.013   Heavy equipment
Sale and Acquisition of Property; Public Works
   152.025   Sale and conveyance; real and personal property
   152.026   Acquisition or construction of property; election requirements
   152.027   Acquisition of real property generally
   152.028   Acquisition of real property; appraisal
Sidewalks
   152.040   Requirement to keep clean
   152.041   Use of space beneath
   152.042   Demolition, removal and construction by owner
   152.043   Construction and repair at city direction
   152.044   Municipal construction
   152.045   Construction by petition
Streets and Alleys
   152.060   Opening, widening, improving or vacating
   152.061   Vacating public ways
   152.062   Crossings
   152.063   Names and numbers
   152.064   Driveway approaches
   152.065   Excavations
   152.066   Driving stakes
   152.067   Mixing concrete
   152.068   Harmful liquids
   152.069   Construction assessment
   152.070   Improvement districts; objections
   152.071   Improvement of streets on corporate limits
   152.072   Improvement of main thoroughfares
   152.073   Petition for improvements
   152.074   Deferral from special assessments
 
   152.999   Penalty
CITY PROPERTY
§ 152.001 DEFINITIONS.
   For the purpose of this chapter, 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.
   STREET COMMISSIONER. The city 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, STREET COMMISSIONER shall mean whichever one is appropriate in the context the term is used.
§ 152.002 SPECIAL IMPROVEMENT DISTRICT; ASSESSMENT AND CREATION.
   (A)   The municipality’s governing body may by ordinance create a special improvement district for the purpose of replacing, reconstructing or repairing an existing water line, sewer line or any other such improvement.
   (B)   (1)   Except as provided in Neb. RS 19-2428 through 19-2431, the governing body shall have power to assess, to the extent of such benefits, the costs of such improvements upon the properties found especially benefited thereby, whether or not such properties were previously assessed for the same general purpose.
      (2)   In creating such special improvement district, the governing body shall follow procedures applicable to the creation and assessment of the same type of improvement district as otherwise provided by law.
(Prior Code, § 8-111) (Ord. 524, passed 11-3-1987)
Statutory reference:
   Similar provisions, see Neb. RS 18-1751
§ 152.003 IMPROVEMENT DISTRICT; LAND ADJACENT.
   Supplemental to any existing law on the subject, a municipality may include land adjacent to such municipality when creating an improvement as a sewer, water, water extension or sanitary sewer extension district. The governing body shall have power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefited thereby, except as provided in § 152.074.
(Prior Code, § 8-112) (Ord. 525, passed 11-3-1987)
Statutory reference:
   Similar provisions, see Neb. RS 19-2427
§ 152.004 MAINTENANCE AND CONTROL.
   The governing body shall have the care, supervision and control of all public highways, bridges, streets, alleys, public squares and commons within the municipality and shall cause the same to be kept open and in repair as set forth herein and free from nuisances. The cost of repair and maintenance of alleys shall be the sole responsibility of the property owners whose property is adjacent to, abutting upon or served by the alley or alleys in question, and said costs and expenses of improvements may be assessed upon the lots and pieces of ground adjacent to, abutting upon or especially benefitting from said alley, as set forth in §§ 152.060 through 152.069.
(Prior Code, § 8-102) (Ord. 933, passed 11-14-2017)
Statutory reference:
   Similar provisions, see Neb. RS 17-567
§ 152.005 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 Street Commissioner. 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 Street Commissioner.
Penalty, see § 152.999
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