The following definitions shall be applied throughout this Chapter.
When no definition is specified, the normal dictionary usage of the
word shall apply.
SIDEWALK SPACE
The term "sidewalk space," as used herein, shall mean that
portion of a street between curb lines and adjacent property lines.
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, and free from nuisances. (Ref. 16-610 RS
Neb.)
Persons 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 such building material and equipment as long as is necessary
if such persons shall make application to and receive a permit in
writing from the Street Commissioner to do so; Provided, no permit
for the occupancy of the sidewalk space, and more than 1/3 of the
roadway of the public space adjacent to the real estate on which said
building is to be constructed, erected, reconstructed, wrecked, or
repaired shall be granted; and provided further, a suitable passageway
for pedestrians shall be maintained within the public space included
in the permit which shall be protected and lighted in the manner required
by the Street Commissioner. (Ref. 16-610 RS Neb.)
It is hereby the duty of the Street Commissioner or his duly
authorized agent to view and inspect the sidewalk space within the
corporate limits for growing weeds during the growing season, and
if rank and noxious weeds are found growing thereon, he shall notify
the owner or occupant thereof, to cut down such weeds as close to
the ground as can be practicably done and keep the weeds cut thereon
in like manner during the growing season for weeds; Provided, any
weeds growing in excess of 12 inches shall be considered a violation
of this Section. In the event that the owner of any lot or parcel
of land within the Municipality is a non-resident of the Municipality
or cannot be found therein the notice may be given to any person having
the care, custody, or control of such lot or parcel of land. In the
event that there can be found no one within the Municipality to whom
notice can be given, it shall be the duty of the Street Commissioner
or his agent after five day's notice by publication and by certified
mail to cut or cause the weeds thereon to be cut as therein provided
and report the cost thereof in writing to the Governing Body. The
cost shall then be audited and paid by the Municipality and the amount
thereof shall be assessed against the lot or parcel of land as a special
tax thereon and shall be collected as are other taxes of the Municipality
or may be recovered by civil suit brought by the Municipality against
the owner of the parcel of land. In the event the property owner is
a non-resident 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 non-resident 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. (Ref. 16-230 RS Neb.)
Poles, wires and other appurtenances of public service companies
shall be erected or located over, upon or under the streets, alleys
and common grounds, or elsewhere, within the corporate limits of this
City, only after application shall have been made to the Mayor and
City Council thereof and permission in writing shall have been given
so to do. Public service companies heretofore or hereafter granted
right-of-way for erection and maintenance of poles, conduits and wires
and all appurtenances thereto for the purpose of transacting their
business upon, under and over the streets, alleys and public grounds
of the City, shall at all times, when requested by the Mayor and City
Council, erect, locate or relocate their poles and wires at such places
and in such manner as designated by the Mayor and City Council. Such
poles and wires shall be removed or relocated by the companies at
their own expense when requested to do so by the Mayor and City Council.
Whenever it becomes necessary for the Mayor and City Council to use
the ground where the poles or fixtures are located, they shall notify
the company or companies, or their agent at Ralston, or elsewhere
and the company or companies shall, within 24 hours after receiving
the notice, at their own expense, cause the poles to be removed. The
Mayor and City Council shall designate some place as close as possible
where the poles or fixtures may be reset or replaced. All poles and
lines shall be erected in such manner that they will not interfere
with the travel through the streets and alleys of the City, or with
the buildings now erected or which may be hereafter erected. When
permitted, such pole lines shall be confined to the alleys, where
possible. (Ref. 16-610 RS Neb.)
The power to sell and convey any real estate owned by the City,
including park land, except real estate used in the operation of public
utilities, and except real estate for State armory sites for the use
of the State of Nebraska or the Nebraska Armory Board, shall be exercised
by ordinance directing the conveyance of such real estate and the
manner and terms thereof. Notice of such sale and the terms thereof
shall be published for three consecutive weeks in a legal newspaper
published in or of general circulation in the City immediately after
the passage and publication of such ordinance; Provided, if a remonstrance
against such sale signed by legal electors thereof equal in number
to 30% of the electors of the City voting at the last regular City
election held therein, be filed with the Council within 30 days of
the passage and publication of such ordinance, said property shall
not then, nor within one year thereafter, be sold. (Ref. 16-202 RS
Neb.)
The President and Council shall have power to purchase or appropriate
private property or school lands for the use of the City for streets,
alleys, avenues, parks, parkways, boulevards, sanitary sewers, storm
water sewers, public squares, public auditoriums, public fire stations,
training facilities for Firefighters, market places, public heating
plants, power plants, gas works, electric light plants, wells, or
waterworks, including mains, pipelines, and settling basins therefor,
and to acquire outlets and the use of streams for sewage disposal.
When necessary for the proper construction of any of the works above
provided, the right of appropriation shall extend such distance as
may be necessary from the corporate limits of the City except that
said right of appropriation shall not extend into the zoning jurisdiction
of any other City or Village. Such power shall also include the right
to appropriate for any of the above purposes any plant or works already
constructed, or any part thereof, whether the same lies wholly within
the City or part within and part without the City or beyond the corporate
limits of the City including all real estate, buildings, machinery,
pipes, mains, hydrants, basins, reservoirs, and all appurtenances
reasonably necessary thereto and a part thereof, or connected with
such works or plants, and all franchises to own and operate the same,
if any. The procedure to condemn property shall be exercised in the
manner set forth in Sections 76-704 to 76-724 RS Neb. except as to
property specifically excluded by Section 76-703 RS Neb. and as to
which Sections 19-701 to 19-707 RS Neb. are applicable. (Ref. 16-605
through 16-608, 19-701 through 19-709, 76-703 through 76-724 RS Neb.)
[Ord. No. 810, 9-8-1987]
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.
Except as provided in Sections 19-2428 to 19-2431 RS Neb., 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. 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. (Ref. 18-1751 RS Neb.)
[Ord. No. 811, 9-8-1987]
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 Section
8-314. (Ref. 19-2427 RS Neb.)