Loading...
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 the sidewalk. Unless the City Council has provided otherwise, all sidewalks within the Business District shall be cleaned within five hours after the cessation of a storm, unless the storm or fall of snow shall have taken place during the night, in which case the sidewalk shall be cleaned before 9:00 a.m. the following day, and sidewalks within the residential areas of the city shall be cleaned within 24 hours after the cessation of the storm.
Penalty, see § 152.999
No person shall be allowed to keep or use the space beneath the sidewalk lying between lot line and curb line unless a permit has been obtained from the City Council. Before any permit is granted, the applicant shall submit plans and specifications of any present or proposed construction to the City Engineer. If the plans or specifications are disapproved by the Engineer, no permit shall be granted. All permits hereafter granted shall continue only upon the condition that the party receiving them builds, maintains and keeps in repair a sidewalk over the space used or constructed to be used and pays all damages that may be sustained by any person by reason of such use or by reason of the sidewalk being defective or in a dangerous condition. As a condition precedent to the issuance or continuance of any permit for the use of any space underneath the city sidewalks as contemplated in this section, the City Council may require the applicant to furnish a bond to the city as obligee for the benefit of any person who may suffer an injury or damage by reason of such use. The bond shall be in such sum as the City Council, in its discretion, may designate.
Penalty, see § 152.999
(A) Any person desiring to demolish, remove or construct, or cause to be demolished, removed or constructed, any sidewalk shall do so only as herein provided. It shall be unlawful for any person to demolish, remove or construct any sidewalk within the municipality without first having a permit from the municipality.
(B) In order to obtain said permit, the owner or person contracted with by the owner shall make a written application in the office of the Municipal Clerk. A written application shall give a legal description and street address of the lot or tract of land upon which the sidewalk is to be demolished, removed or constructed and shall further provide for a complete description of the work to be completed, which shall include the specific location of the sidewalk to be demolished, removed or constructed, upon said real property. No permit shall be issued for demolition or removal of a sidewalk unless the application shall set forth that a new sidewalk shall be constructed in the same location as the sidewalk to be demolished or removed and that said new sidewalk construction shall be completed within 120 days from the date the permit is issued. The Utilities Superintendent shall issue the desired permit unless good cause shall appear why said permit should be denied; provided, that if it is desired to construct a new sidewalk in any manner other than the regularly prescribed location, grade or elevation, the Utilities Superintendent 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, a sidewalk at any other location, grade or elevation than so designated by the municipality.
(C) 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 Utilities Superintendent. All sidewalks shall be at least four inches thick and shall be constructed in conformity with such specifications as may be set forth by the governing body, and construction shall be completed within 120 days from the date the permit therefor is issued.
(Prior Code, § 8-205) (Ord. 881, passed 4-6-2010; Ord. 883, passed 6-8-2010; Ord. 885, passed 8-10-2010) Penalty, see § 152.999
(A) (1) The Mayor and City Council may construct and repair sidewalks or cause the construction and repair of sidewalks in such manner as the Mayor and City Council deem necessary and assess the expense of such construction or repairs on the property in front of which such construction or repairs are made, after having given notice:
(a) By publication in one issue of a legal newspaper of general circulation in the city; and
(b) By either causing a written notice to be served upon the occupant in possession of the property involved or to be posted upon such premises ten days prior to the commencement of such construction or repair.
(2) The powers conferred under this section are in addition to those provided in Neb. RS 17-509 through 17-521 and may be exercised without creating an improvement district.
(3) If the owner of any property abutting any street or avenue or part thereof fails to construct or repair any sidewalk in front of the owner’s property within the time and in the manner as directed and requested by the Mayor and City Council, after having received due notice to do so, the Mayor and City Council may cause the sidewalk to be constructed or repaired and may assess the cost of such construction or repairs against the property.
(Neb. RS 17-522)
(B) All sidewalks shall be constructed and repaired in conformity with such plans and specifications as may be approved by the City Council.
(C) Assessments made under the provisions of this section shall be made and assessed in the following manner:
(1) Such assessment shall be made by the City Council at a special meeting by a resolution taking into account the benefits derived or injuries sustained in consequence of such improvements, and the amount charged against the same, which, with the vote, shall be recorded in the minutes. Notice of the time of holding such meeting and the purpose for which it is to be held shall be published in a legal newspaper in or of general circulation in the in the city at least four weeks before the same shall be held or, in lieu thereof, personal service may be made upon persons owning or occupying property to be assessed; and
(2) All such assessments shall be known as special assessments for improvements and shall be levied and collected as a separate tax, in addition to the taxes for general revenue purposes, and shall be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other city taxes.
(Neb. RS 17-524)
Statutory reference:
Authority to improve through sidewalk district, see Neb. RS 19-2417 through 19-2419
(A) The governing body may by resolution order the construction of a sidewalk on any lot or piece of ground within the municipality. Notice of the governing body’s intention to construct said sidewalk shall be given by the Municipal Clerk by publication of notice one time in a legal newspaper of general circulation in the municipality.
(B) A copy of said notice shall be personally served upon the occupant in possession of such property or, when personal service is not possible, said notice shall be mailed to such property owner ten days prior to the commencement of construction. The notice required in this section shall be prepared by the Municipal Attorney in accordance with the provisions of this section. Such service shall include a form of return evidencing personal service or posting as herein required.
(C) Said notice shall notify the owner of the premises of the passage of the resolution ordering him or her to construct or cause to be constructed a sidewalk within 30 days after the date of publication and further that if he or she fails to construct the sidewalk or cause the same to be done within the time allowed, the municipality will cause the sidewalk to be constructed, and the cost thereof shall be levied and assessed as a special tax against the premises; provided, that the notice shall contain the official estimate of the cost of said construction and no special assessment in excess of this estimate shall be assessed against the property. In the event the property owner is a nonresident of the county in which the property lies, the municipality 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 nonresident 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, § 8-206)
Statutory reference:
Similar provisions, see Neb. RS 17-522 and 17-523
If the owners of the record title representing more than 60% of the front footage of the directly abutting property, subject to assessment for sidewalk improvements, petition the governing body to make the same, the governing body shall proceed in all things as though such construction had been ordered by it. Upon the petition of any freeholder who is an abutting owner in fee simple of property subject to assessment for sidewalk improvements, the governing body may order permanent sidewalks built in accordance with this subchapter upon the freeholder making, executing and delivering to the municipality an agreement to the effect that the petitioning freeholder will pay the engineering service fee, and all other incidental construction costs, until paid, shall be a perpetual lien upon the real estate along which the freeholder desires such sidewalk to be constructed and that the petitioner gives and grants to the municipality the right to assess and levy the costs of such construction against the freeholder’s real estate abutting the sidewalk improvement and promises to pay such costs with interest. The total cost of such improvement shall be levied, allocated, financed and specially assessed as provided by law. In the event the property owner is a nonresident of the county in which the property lies, the municipality 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 nonresident 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, § 8-207)
STREETS AND ALLEYS
(A) (1) The city shall have power to open, widen or otherwise improve or vacate any street, avenue, alley or lane within the limits of the city and also to create, open and improve any new street, avenue, alley or lane. All damages sustained by the citizens of the city, or by the owners of the property therein, shall be ascertained in that manner as shall be provided by ordinance.
(2) Whenever any street, avenue, alley or lane is vacated, the same shall revert to the owners of the abutting real estate, one-half on each side thereof, and become a part of that property, unless the city reserves title in the ordinance vacating such street or alley. If title is retained by the city, such property may be sold, conveyed, exchanged or leased upon such terms and conditions as shall be deemed in the best interests of the city.
(3) When a portion of a street, avenue, alley or lane is vacated only on one side of the center thereof, the title to the land shall vest in the owner of the abutting property and become a part of that property, unless the city reserves title in the ordinance vacating a portion of such street or alley. If title is retained by the city, such property may be sold, conveyed, exchanged or leased upon such terms and conditions as shall be deemed in the best interests of the city.
(4) When the city vacates all or any portion of a street, avenue, alley or lane, the city shall, within 30 days after the effective date of the vacation, file a certified copy of the vacating ordinance with the Register of Deeds for the county in which the vacated property is located to be indexed against all affected lots.
(5) The title to property vacated pursuant to this section shall be subject to the following:
(a) There is reserved to the city the right to maintain, operate, repair and renew public utilities existing at the time title to the property is vacated there; and
(b) There is reserved to the city, any public utilities and any cable television systems the right to maintain, repair, renew and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on or below the surface of the ground that are existing as valid easements at the time title to the property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times.
(Neb. RS 17-558)
(B) The city shall have power to create, open, widen or extend any street, avenue, alley, off-street parking area or other public way, or annul, vacate or discontinue the same.
(Neb. RS 17-559)
(A) “Special damages” defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SPECIAL DAMAGES. Only those losses, damages or injuries which a property owner suffers that are peculiar, special or unique to his or her property and which result from the governing body vacating a street, avenue, alley, lane or similar public way within the municipality, such as loss of ingress and egress to and from his or her property onto said vacated public way. SPECIAL DAMAGES shall not mean those losses, damages or injuries that a property owner suffers that are in common with the rest of the city or public at large, even though those losses, damages or injuries suffered by the property owner are greater in degree than the rest of the city or public at large.
(B) The measure of special damages. Owners of real estate abutting the vacated public way shall be entitled to recover as compensation for such vacation, the difference between the fair market value of such real estate immediately before and immediately after the vacating thereof. If there is no difference in value of the abutting owner’s real estate before and after the vacation, said owner shall receive no compensation for the vacation of said public way. No other method of ascertaining damages shall be utilized, and loss of anticipated profits from the continued operation of any business located upon real estate abutting the vacated public way shall not be considered as a separate element of damages for which compensation is paid.
(C) Procedure for vacating public ways. Whenever the governing body decides that is would be in the best interests of the municipality to vacate a street, avenue, alley, lane or similar public way, the governing body shall comply with the following procedure.
(1) Notice.
(a) Notice shall be given to all owners of property abutting the public way to be vacated either by first class mail to their last known address, or if there is no known address, then by publishing the notice two times in a newspaper that is in general circulation in the municipality. Notice shall be mailed to the abutting owners at least 14 days prior to the date of the hearing on special damages, and the last publication of notice of said hearing shall be at least three calendar days prior to said hearing.
(b) The notice shall name and/or otherwise identify the segment of street, avenue, alley, lane or other public way which is proposed to be vacated and shall advise said property owners that they have the right to appear before the governing body to be heard regarding any special damages to their property. The notice will show the date, time and place of the regular or special meeting at which the governing body will consider vacating such public way, and of the hearing to be held to ascertain special damages, if any, to owners of abutting property. The hearing on special damages may be held during the same meeting at which the vacation of the public way is taken up and may be continued from time to time by the governing body upon reasonable cause shown by an abuttting owner.
(2) Consent/waiver.
(a) The governing body may have all the abutting property owners sign a form stating that they consent to the action being taken by the governing body and waive their right of access. The signing of such form has no effect on claims for special damages, as defined herein, by the abutting property owners, but does create the presumption that the governing body’s action was proper.
(b) However, if all the abutting property owners do not sign the consent/waiver form, the governing body may still proceed with vacating such street, avenue, alley, lane or similar public way under the authority granted them by Neb. RS 17-558 and 17-559, in accordance with this section.
(3) Vacation and ascertainment of special damages.
(a) The governing body shall determine whether vacation of the public way in question is in the best interests of the municipality and expedient for the public good. If the governing body determines that the public way should be vacated, it shall proceed to consider all relevant evidence regarding special damages to owners of abutting property, and each such owner may present evidence in support of his or her claim for damages. The governing body may, but is not required to, obtain independent appraisals or commission the Municipal Engineer or other consultant to report on special damages incurred by owners or property abutting the vacated public way and may make a view of the property in question. Evidence of special damages may be presented in written or oral form, and the hearing on special damages may be recorded at the expense of the party requesting the record, and it may be continued from time to time upon reasonable cause shown. The Mayor shall preside over the hearing unless the governing body shall by majority vote appoint a special hearing officer to preside. The decision of the governing body regarding special damages shall be based upon all relevant evidence presented or obtained in regard thereto.
(b) Following the hearing on special damages, the governing body shall pass an ordinance which shall contain the following:
1. A declaration that the action is expedient for the public good and in the best interest of the municipality;
2. A statement that the municipality shall have an easement for maintaining all utilities;
3. A statement of the description and name of the segment or portion of public way vacated thereby;
4. A statement providing that one-half of such vacated public way shall revert to owners of real estate adjacent to said vacated public way; and
5. A specific finding of the special damages found to be suffered by each owner of real estate abutting the vacated public way, or a general finding that no special damages were incurred by any abutting property owner, and provision for the payment thereof, if applicable.
(4) Filing. The City Clerk shall file a certified copy of the ordinance with the County Register of Deeds to ensure that abutting property owners can gain title to their share of the vacated street, avenue, alley, lane or similar public way and so that such land will be drawn to the attention of the County Assessor.
(Prior Code, § 8-317) (Ord. 504, passed 11-4-1986)
Statutory reference:
Similar provisions, see Neb. RS 17-558 and 17-559
Loading...