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It shall be unlawful for any person to place or permit to leak in the gutter of any street any waste gasoline, kerosene or high lubricating oils, which damage or act as a solvent upon the streets.
Penalty, see § 152.999
To defray the costs and expenses of street improvements, as may be authorized by law, the governing body shall have power and authority to levy and collect special taxes and assessments upon the lots and pieces of ground adjacent to, abutting upon or especially benefiting from, the street, avenue, alley or sidewalk in whole or in part opened, widened, curbed, curbed and guttered, graded, paved, repaired, graveled, macadamized, parked, extended, constructed or otherwise improved or repaired. The governing body, sitting as the Board of Equalization, shall review all such improvements in accordance with the procedure provided by law. All special assessments shall be made by the governing body at a regular or special meeting by resolution, taking into account the benefits derived or injuries sustained in consequence of such improvements and the amount charged against same. 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 some legal newspaper published, or of general circulation, in the municipality at least four weeks before the same shall be held. In lieu of such aforementioned notice, personal service may be had upon the persons owning or occupying the property to be assessed. Such assessments shall be known as special assessments for improvements and with the cost of notice shall be levied and collected as a special tax in addition to the taxes for general revenue purposes, subject to the same penalties and collected in like manner as other municipal taxes and shall be certified to the County Clerk by the Municipal Clerk forthwith after the date of levy, for collection by the Treasurer of said county unless otherwise specified. After it shall become delinquent said assessment shall draw interest at the legal interest rate per annum. 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, § 8-310)
Statutory reference:
Similar provisions, see Neb. RS 17-511 and 17-524
Whenever the governing body deems it necessary to make any improvements allowed by statute which are to be funded by a levy of special assessment on the property especially benefited, the governing body shall by ordinance create a paving, graveling or other improvement district and, after the passage, approval and publication or posting of such ordinance, shall publish notice of the creation of any such district for six days in a legal newspaper of the municipality, if a daily newspaper, or for two consecutive weeks if it is a weekly newspaper. If no legal newspaper is published in the municipality, the publication shall be in a legal newspaper of general circulation in the municipality. If the owners of the record title representing more than 50% of the front footage of the property directly abutting on the street or alley to be improved file with the Municipal Clerk within 20 days after the first publication of such notice written objections to the creation of such district, such improvement shall not be made as provided in such ordinance, but such ordinance shall be repealed. If objections are not filed against the district in the time and manner prescribed in this section, the governing body shall immediately cause such work to be done or such improvement to be made, shall contract for the work or improvement and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street or alley especially benefited in such district in proportion to such benefits to pay the cost of such improvement.
(Prior Code, § 8-311) (Ord. 737, passed 12-3-1996)
Statutory reference:
Similar provisions, see Neb. RS 17-511
The Mayor and Council shall have the power to improve any street or part thereof which divides the municipal corporate area and the area adjoining the municipality. When creating an improvement district including land adjacent to the municipality, the Council shall have power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefited thereby.
(Prior Code, § 8-312)
Statutory reference:
Similar provisions, see Neb. RS 17-509
The Mayor and City Council shall have the power by a three-fourths’ vote of the governing body to create by ordinance a paving, graveling or other improvement district and to order such work done upon any federal or state highway in the municipality or upon a street or route, designated by the Mayor and City Council as a main thoroughfare that connects, on both ends, to either a federal or state highway or a county road. The governing body shall contract therefor and shall have the power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefited thereby.
(Prior Code, § 8-313)
Statutory reference:
Similar provisions, see Neb. RS 17-512
Whenever a petition, signed by the owners of record title representing more than 60% of the front footage of the property directly abutting upon the street, streets, alley, alleys, public way or the public grounds proposed to be improved, shall be presented and filed with the Municipal Clerk, petitioning therefor, the governing body shall by ordinance create a paving, graveling or other improvement district or districts, and shall cause such work to be done or such improvement to be made, and shall contract therefor, and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street, streets, alley or alleys, especially benefited thereby in such district in proportion to such benefits, to pay the cost of such improvement. The governing body shall have the discretion to deny the formation of the proposed district when the area has not previously been improved with a water system, sewer system and grading of streets. If the governing body should deny a requested improvement district formation, it shall state the grounds for such denial in a written letter to interested parties.
(Prior Code, § 8-314)
Statutory reference:
Similar provisions, see Neb. RS 17-510
(A) (1) Whenever the governing body of a municipality creates an improvement district as specified in § 152.002 which includes land adjacent to the municipality which is within an Agricultural Use Zone and is used exclusively for agricultural use, the owners of record title of such adjacent land may apply for a deferral from special assessments.
(2) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL USE. The use of land as described in Neb. RS 77-1359, so that incidental use of the land for nonagricultural or non-horticultural purposes shall not disqualify the land.
AGRICULTURAL USE ZONE. Designation of any land predominantly for agricultural or horticultural use by any political subdivision pursuant to Neb. RS 19-925 through 19-933; Chapter 14, Article 4; Chapter 15, Article 9; Chapter 16, Article 9; Chapter 17, Article 10; or Chapter 23, Article 1.
(3) The primary objective of the agricultural use zoning shall be to preserve and protect agricultural activities and the potential for agricultural, horticultural or open use of land. Uses to be allowed on such lands include primarily agricultural-related or horticultural-related uses, and nonagricultural or non-horticultural industrial, commercial or residential uses allowed on such lands shall be restricted so that they do not conflict with or detract from this objective.
(B) Any owner of record title eligible for the deferral granted by this section shall, to secure such assessment, make application to the governing body of the municipality within 90 days after creation of an improvement district as specified in § 152.026. Any owner of record title who makes application for the deferral provided by this section shall notify the County Register of Deeds of such application in writing prior to approval by the governing body. The governing body shall approve the application of any owner of record title upon determination that the property:
(1) Is within an Agricultural Use Zone and is used exclusively for agricultural use; and
(2) The owner has met the requirements of this section.
(C) The deferral provided for in this section shall be terminated upon any of the following events:
(1) Notification by the owner of record title to the governing body to remove such deferral;
(2) Sale or transfer to a new owner who does not make a new application within 60 days of the sale or transfer, except as provided in this division (C);
(3) Transfer by reason of death of a former owner to a new owner who does not make application within 125 days of the transfer;
(4) The land is no longer being used as agricultural land; or
(5) Change of zoning to other than an agricultural zone.
(D) Whenever property which has received a deferral pursuant to this section becomes disqualified for such deferral, the owner of record title of such property shall pay to the municipality an amount equal to:
(1) The total amount of special assessments which would have been assessed against such property, to the extent of special benefits, had such deferral not been granted; and
(2) Interest upon the special assessments not paid each year at the rate of 6% from the dates at which such assessments would have been payable if no deferral had been granted.
(E) In cases where the deferral provided by this section is terminated as a result of a sale or transfer described in divisions (B) or (C) above the lien for assessments and interest shall attach as of the day preceding such sale or transfer.
(Prior Code, § 8-315) (Ord. 526, passed 11-3-1987)
Statutory reference:
Similar provisions, see Neb. RS 19-2428 through 19-2431
Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(Prior Code, § 8-501) (Ord. 808, passed 12-11-2001)