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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
(A) It shall be unlawful for any person to obstruct or encumber, by fences, gates, buildings, structures or otherwise, any of the streets, alleys or sidewalks.
(B) The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property permits or suffers to remain on any premises owned or controlled by him or her any hedge, shrubbery, bush or similar growth within two feet adjacent to the lot line, whether there is a sidewalk abutting or adjoining the premises or not. It shall be the duty of owners and occupants to at all times keep trimmed and pruned all such similar growth.
(C) Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property, or wholly upon the abutting property, and interfering with the use, making or construction of any public improvement or so that the roots thereof interfere with any utility wire or pipe shall be deemed an obstruction. Such trees and shrubs and their roots may be removed by the city at the expense of the owner of the property upon which the trees or shrubs are partially or wholly located if the owner fails or neglects, after notice, to do so.
(D) When any obstruction described in this section is determined to exist, the city may proceed against the owner or occupant of the property adjacent to the sidewalk space as provided in § 91.16.
Penalty, see § 152.999
(A) No person shall plant any tree or allow any tree to grow within the sidewalk space without first making a written or verbal application to and receiving a written permit from the Street Commissioner upon payment of the fee, if any, established by the City Council.
(B) Any tree planted within the sidewalk space after the adoption of this prohibition shall be deemed to be unlawfully planted and growing and may be determined to be a nuisance. Nothing in this section shall be construed to apply to any trees growing within the sidewalk space prior to the adoption of this prohibition.
(C) When any such tree is determined to be a nuisance, the city may proceed against the owner or occupant of the property adjacent to the sidewalk space as provided in § 91.16.
Penalty, see § 152.999
(A) The owner or occupant of any lot, piece or parcel of ground abutting or adjacent to any street or sidewalk over which there extend the branches of trees shall at all times keep the branches or limbs thereof trimmed to the height of at least eight feet above the surface of the walk and at least 14 feet above the surface of the street or to the heights otherwise specified by the City Council.
(B) Whenever the branches or limbs of any tree extend over streets or sidewalks contrary to such provisions so as to interfere with the lighting of the street from street lights or with the convenience of the public using the street or sidewalk, the city may proceed against the owner or occupant of the property abutting or adjacent to the street or sidewalk as provided in § 91.16.
Penalty, see § 152.999
(A) No person shall erect or maintain any sign, signboard, poster or rigid canopy over any street, sidewalk or alley or on other public property without having first obtained a permit therefor. Permits for signs, signboards, posters and canopies shall be issued by the City Clerk, subject to the approval of the Street Commissioner, upon the payment of the fee, if any, established by the City Council.
(B) All signs, signboards, posters and canopies extending over any public sidewalk, street, alley or other public place must be securely fastened and constructed so that there will be no danger of the them being dislodged by ordinary winds or falling from other causes.
(C) No sign, signboard, poster or canopy shall be erected or maintained which extends over any public sidewalk, street, alley or other public place in such a location as to obstruct the view of any traffic light, sign or signal.
(D) Upon a determination that a sign, signboard, poster or canopy is in violation of this section, the city may proceed against the owner or occupant of the premises where such the sign, signboard, poster or canopy is located as provided in § 91.16.
Penalty, see § 152.999
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