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
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.
(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
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
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
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
(A) Poles, wires, conduits, gas mains, pipe lines and other appurtenances of public service companies shall be located or erected over, upon or under the streets, alleys and common grounds of the city. Application for location of such appurtenances shall be made to the City Council in writing. Approval by the Council shall be issued in writing. Any public service company granted a right-of-way for the erection and maintenance of poles, wires, conduits, gas mains, pipe lines or other appurtenances shall at all times erect and locate their appurtenances at such places and in such manner as shall be designated by the Council.
(B) All poles, wires, conduits, gas mains, pipe lines and other appurtenances shall be removed or relocated by the companies at their own expense when requested to do so by the Council. Any such removal or relocation shall be ordered by resolution of the Council and the City Clerk shall notify any and all companies affected. The companies shall, within 24 hours after receiving notice, at their own expense, cause the poles, wires, conduits, gas mains, pipe lines or other appurtenances to be removed or relocated. The Council shall designate another location as closely as possible where the appurtenances may be reset or placed.
(C) All poles, wires, conduits, gas mains, pipe lines or other appurtenances shall be reset, placed or erected in such a manner that they will not interfere with the water system; the sewerage system; any poles, wires, conduits, mains, lines or other appurtenances of any public utility; any adjacent buildings; or travel on the public ways and property. Whenever possible, all poles, wires, conduits, gas mains, pipe lines and appurtenances shall be confined to the alleys of the city.
It shall be unlawful for any person to construct or maintain any stairway, open cellarway, open basement way or open entrance thereto in or adjacent to any sidewalk, pavement or street, and any such entrance is hereby declared to be a public nuisance, except that all existing stairways, open cellarways, open basement ways or open entrances thereto in or adjacent to sidewalks, pavements or streets may be permitted to remain from and after the adoption of this prohibition if the person owning or using the opening in the sidewalk, pavement or street satisfies the Street Commissioner that the opening is properly protected by a balustrade, or coping of durable material, and furnishes the city with a bond in the amount set by the City Council for the benefit of any person who might suffer an injury or damage by reason of the use of the stairway, cellarway, basement way or entrance.
Penalty, see § 152.999
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