[1]
Editor's Note: Original § 8-201 of the 1976
Code, Overhanging Branches, was repealed 6-1-1982 by Ord. No. 12-82.
[Amended 10-19-1993 by Ord. No. 40-93[1]]
It shall be unlawful for the owner or 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 said sidewalk. All sidewalks within the Central
Business District shall be cleaned within five hours after the cessation
of a storm, unless the storm or fall of snow takes place during the
night, in which case the sidewalk shall be cleaned before 8:30 a.m.
the following day. All sidewalks within the residential district shall
be cleaned within 24 hours after the cessation of a storm or fall
of snow. (Neb. RS 16-207, 16-663)
[Amended 10-19-1993 by Ord. No. 41-93]
If the requirements of § 340-2.1 are not complied with, notice to remove snow, sleet, mud, ice or other substance from any lot(s) or vacant lot(s) within the corporate limits shall be made to the occupant or owner. The notice shall be made by the Street Superintendent or his/her agent either verbally, by telephone, posting, or mail service, and complete documentation on the notice given shall be maintained. The notice shall contain the location of the violation and the occupant or owner shall be allowed 24 hours in which to comply. If the notice is not complied with, the Street Superintendent or his/her agent shall order the substance removed from the sidewalks, and the cost, as adopted by City policy, will be assessed to the property. If the costs are not paid and are deemed delinquent, the municipality may file a lien against the property, which shall be collected in the manner provided by law. (Neb. RS 16-207, 16-663)
Every owner of any lot, lots, or piece of land within the corporate
limits shall at all times keep and maintain the sidewalk along and
contiguous to said lot, lots, or pieces of land, as the case may be,
in good and proper repair, and in a condition reasonably safe for
travel for all travelers thereon. In the event that the owner or owners
of any lot, lots, or lands abutting on any street, avenue, or part
thereof shall fail to construct or repair any sidewalk in front of
his, her, or their lot, lots, or lands, within the time and in the
manner as directed and required herein after having received due notice
to do so, they shall be liable for all damages or injury occasioned
by reason of the defective or dangerous condition of any sidewalk,
and the governing body shall have power to cause any such sidewalks
to be constructed or repaired and assess the costs thereof against
such property. (Neb. RS 16-661, 16-662)
The City Administrator may require sidewalks of the municipality
to be repaired. Notice to the owners of property upon which such sidewalks
in disrepair are located shall require, within five days from issuance
of the notice, said owners to make arrangements to have the sidewalk
repaired. Said repairs shall be completed within 30 days after issuance
of said notice. No special assessment shall be levied against the
property unless said owner shall neglect or refuse to repair within
the time prescribed. In the event that such owner fails to repair,
the municipality shall cause the repairs to be made and assess the
property owner the expense of such repairs. 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. (Neb. RS 16-661, 16-662)
A.
Any person desiring to construct, or cause to be constructed, any
sidewalk shall do so only as herein provided. It shall be unlawful
for any person to construct any sidewalk without first having obtained
a permit.
B.
Said owner shall make application in writing for a permit and file
such application in the office of the Street Superintendent. The permit
shall give a description of the lot or piece of land along which the
sidewalk is to be constructed. The Street 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 the
sidewalk at any other than the regularly prescribed location, grade,
or elevation, the Street Superintendent shall submit the application
to the governing body, which shall determine whether the permit should
be granted or denied. It shall be unlawful for any person to construct
or cause to be constructed said sidewalk at any other location, grade,
or elevation than so designated by the municipality. 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 Street Superintendent.[1]
(Neb. RS 16-250)
All sidewalks, on either side of the streets and avenues of
this City, in front of or along any lot, lots or lands abutting upon
the same, which shall be hereinafter constructed, reconstructed or
replaced, shall be of concrete. No person shall construct, reconstruct
or replace any sidewalk of any other material within the limits of
this City without the written permission of the Mayor and Council.
All sidewalks shall be of such width as the Mayor and Council
in each case by resolution shall fix. Sidewalks shall be located at
a distance of 18 inches from the lot line, unless otherwise authorized
by the Mayor and Council. Whenever possible, they shall correspond
in width to sidewalks already built to which they are adjacent or
adjoin.
A.
All concrete sidewalks shall be constructed according to the following
specifications:
(1)
Cement. The cement shall be a standard Portland cement.
(2)
Water. The water shall be clean, free from oil, acid, strong
alkalies or vegetable matter.
(3)
Sand. The sand shall be clean, coarse, hard, durable, free from
loam, vegetable or other deleterious matter.
(4)
Subbase. The subbase shall consist of a layer of sand one inch
thick, well tamped.
(5)
Subgrade. All soft or spongy places shall be removed, and all
depressions filled with suitable material, which shall be thoroughly
compacted by flooding and tamping in layers not exceeding six inches
in thickness.
(6)
Deep fills. When a fill exceeding one foot in thickness is required
to bring the walk to grade, it shall be made in a manner satisfactory
to the Superintendent. The top of all fills shall extend beyond the
walk on each side at least one foot, and the sides shall have a slope
of not less than one to 1 1/2.[1]
(7)
Proportions of materials. The proportions shall not exceed one
part cement and four parts of gravel and sand. All sidewalks shall
be float-finished.
(8)
Measuring. The method of measuring the materials for the concrete,
including water, shall be one which will ensure separate uniform proportions
at all times.
(9)
Mixing. The ingredients of the concrete shall be thoroughly
mixed dry, sufficient water added to obtain the desired consistency,
and mixing continued until the materials are uniformly distributed
and the mass is uniform in color and homogeneous.
B.
Sidewalks shall be laid upon a grade of 1/4 of an inch to the foot
above the curb grade, unless otherwise authorized by the Mayor and
Council. All sidewalks shall conform to the specifications adopted
by the City as to the quality of work and materials. The whole work
of grading and laying of said sidewalk, whether done by the City or
by the owner of the respective lot, lots, or parcels of land abutting
upon the same, shall be under the supervision of the Street Superintendent,
and subject to his approval. All sidewalks shall conform to the grade
where established, and on streets where no grade is yet established,
then on a grade established by the Engineer or Street Superintendent
with relation to the particular points between which said sidewalk
is to be built. The Street Superintendent shall assist the Engineer
in establishing grades on streets where the same have not yet been
run.[4]
C.
Sidewalks shall be built on a grade or level with the surface of
the ground as near as can be. When ordered by the Council, any property
owner shall rebuild or reconstruct his sidewalk to conform to the
grade thus established. It shall be the duty of the Engineer to furnish
sidewalk grade when requested by the Street Superintendent.[5]
All concrete sidewalks and driveways hereafter constructed,
reconstructed or repaired within the limits of the City that shall
abut on City streets with concrete curbing or pavement shall be constructed
with a minimum expansion joint, of approved design and materials,
of one inch between sidewalk and concrete curbing, or pavement, and
a minimum expansion joint, of approved design and materials, of one
inch between driveway and curb or apron, which shall be located a
minimum distance of four feet from the edge of pavement or street
and a maximum distance from edge of pavement or street of 10 feet,
or at the edge of existing sidewalk, where such exists at a lesser
distance from the edge of pavement or street.
In case any lot owner or the owners of a piece of land within
the corporate limits of this City, under notice given or otherwise,
shall construct a sidewalk in violation of this article, the Street
Superintendent may stop the work of such construction and order the
same to be constructed in accordance with said article and the work
already done to be changed; and on the failure of such owner to change
any such work, the Street Superintendent or other officer shall forthwith
change said work, and the expense of the same shall be assessed on
said lot and collected as a special assessment, as provided by law.
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 posted upon such premises 10 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 to construct or cause to be constructed
a sidewalk within 30 days after the date of publication and further
that if he 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 assessment 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.[1]
(Neb. RS 16-250, 16-664, 16-666)
In the case of corner lots, such lots shall not be charged with
the costs of so much additional walk between the outer edge of the
sidewalk line and the curbline as was required to be laid for the
intersections of the walks abutting the frontage of such lots, but
such work of construction shall be done by the City, unless otherwise
ordered by the Mayor and Council. The City shall construct all crossings
and crosswalks from curbline to curbline in all streets. The cost
of the construction, widening or rebuilding of any sidewalks shall
be levied upon the lot or lots or parcel of ground fronting and adjoining
which such sidewalks are laid, widened or rebuilt by resolution, which
resolution shall specify the street upon which such walk has been
so constructed, widened or rebuilt, the length and width of each walk
constructed, widened or rebuilt fronting on any lot or piece of ground.
Such assessment shall be made by the Council at a special meeting
by resolution, fixing the valuation of the lots assessed, 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 thereon, by "yeas" and "nays," shall be spread upon
the minutes. Notice of the time and place of holding such meeting
and the purpose for which it is to be held shall be published in a
legal newspaper published and in general circulation in the City,
at least four weeks before the same shall be held, or in lieu thereof,
personal service may be made upon the person owning the property to
be assessed. All such assessments shall be known as "Special Assessments
for Improvement" and shall be levied and collected as a separate tax
in addition to the tax for general purposes to be placed upon the
tax roll for collection, subject to the same penalties and collected
in like manner as other City taxes. Whenever any such special tax
is levied, the Clerk shall forthwith deliver a certified copy of such
resolution to the County Clerk, who shall place the same on the tax
list to be collected by law as in such cases made and provided.
