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 said sidewalk. 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 8:30 a.m. the following day; Provided, sidewalks within the residential areas of the Municipality shall be cleaned within 24 hours after the cessation of the storm. (Ref. 16-663 RS Neb.)
Notice to remove such substance shall be served upon the owner or occupant of the premises, or his or their agent, the notice to demand the removal of the substance forthwith. If the person owning or occupying such premises be unknown or cannot be found, or if any reasonable service cannot be had upon any such owner, agent or occupant within the City, then and in that case such service of the notice shall be made by posting a typewritten copy thereof in some conspicuous place on the premises; and in case the owner, agent or occupant shall fail to remove the ice, snow, mud, or other substance, then and in that case it shall be the duty of the Chief of Police and/or Street Commissioner or other agent of the City, to remove such substance, and the expense thereof shall be charged against the property and the owner thereof, and may be recoverable by proper action in the name of the City or be chargeable against the property as a special assessment for improvements. (Ref. 16-663 RS Neb.)
No person shall be allowed to keep or use the space beneath the sidewalk lying between lot line and curb line unless a permit therefor shall have been obtained from the Governing Body. Before any permit shall be granted, the applicant for said permit shall submit plans and specifications of any present or proposed construction to the Municipal Engineer. Should such plans or specifications be disapproved by him, no permit shall be granted therefor. All permits hereafter granted shall continue only upon the condition that the party receiving the same shall build, maintain, and keep in repair a sidewalk over such space used or constructed to be used and pay all damages that may be sustained by any person by reason of such use or by reason of said 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 Municipal sidewalks as herein contemplated, the Governing Body may require applicant to furnish a bond to the Municipality as obligee for the benefit of any person or persons who may suffer any damage or damages by reason of such use. The bond shall be in such sum as the Governing Body, in its discretion, may designate. (Ref. 16-610 RS Neb.)
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. 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. 16-662 RS Neb.)
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.
Said owner shall make application in writing for a permit and file such application in the office of the Municipal Clerk. The permit shall give a description of the lot, or piece of land along which the sidewalk is to be constructed. The Street Commissioner shall issue the desired permit unless good cause shall appear why said permit should be denied; Provided, if it is desired to construct the sidewalk at any other than the regularly prescribed location, grade, or elevation, the Street Commissioner 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 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 Commissioner. (Ref. 16-250 RS Neb.)
The Governing Body may, by a 3/4 vote 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.
A copy of said notice shall be personally served upon the owner of such property, or, when personal service is not possible, said notice shall be mailed to such address by First Class Mail at least 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 mailing as herein required.
Said notice shall notify the owner of the premise 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 tax against the premise; Provided, 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 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. 16-250, 16-664, 16-666 RS Neb.)
Whenever the Municipality shall construct, widen, replace, or reconstruct any sidewalk, notice prepared by the Municipal Attorney, specifying the work to be done and calling for bids for doing such work and supplying the necessary materials and labor shall be published in at least one time in a legal newspaper of general circulation in the Municipality; Provided, bids so invited shall be filed in the office of the Municipal Clerk within 10 days after the date of publication. Bids shall be opened at the next regular or special meeting of the Governing Body, and the Governing Body shall then award the work to the lowest responsible bidder. Upon approval of the work, the Governing Body may require the contractor to accept payment in certificates issued to him by the Municipal Clerk entitling him to all assessments or special taxes, against such real estate whenever such assessments or special taxes, shall be collected together with the interest or penalty collected thereon. Each certificate shall give the legal description of the lot, lots, or parcel of ground against which the assessments or special taxes are assessed. Such certificate or certificates may be assigned and transferred, entitling the holder to the same rights as if held by the original contractor. The County Treasurer shall pay over to such contractor or other holder of the certificate or certificates all assessments or special taxes against such real estate, together with the interest and penalty thereon, at any time upon presentation of such certificate or certificates after said assessments or special taxes against such real estate together with interest or penalty thereon shall have been collected.
If the owners of the record title representing more than 50% 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 has been ordered by it. Upon the petition of any freeholder who desires to build such a permanent sidewalk, the Governing Body may order the same to be built and that the cost of the same until paid shall be a perpetual lien upon the real estate along which the freeholder desires such sidewalk to be constructed, and the City may assess the levy the costs of the same against such real estate in the manner provided by law. (Ref. 16-250 RS Neb.)
The Street Commissioner shall certify to the City Council of all walks laid, widened, repaired, replaced or rebuilt and the cost of same, against each lot or piece of ground, and such other facts as may be necessary to enable it to make the proper levy; and shall also certify to the City Council the acceptance of any walk so improved, or what other action he has taken with reference to the walk. The Street Commissioner, with the aid of the City Clerk, shall allocate the cost of sidewalk improvement to the adjoining lots or parcels of land and prepare all necessary data for assessment sheets.
The total cost of the building of the permanent sidewalk shall be levied at one time upon the property along which such permanent sidewalk is to be built, and become delinquent as herein provided; 1/7 of the total cost shall become delinquent in 10 days after such levy; 1/7 in one year; 1/7 in two years; 1/7 in three years; 1/7 in four years; 1/7 in five years; 1/7 in six years. Each of such installments, except the first, shall draw interest at a rate not exceeding the rate of interest specified in Section 45-104.01 RS Neb., as such rate may from time to time be adjusted by the Legislature, from the time of the levy aforesaid, until the same shall become delinquent; and after the same shall become delinquent interest at the rate specified in Section 45-104.01 RS Neb., as such rate may from time to time be adjusted by the Legislature, shall be paid thereon as the case of other special taxes. The Council shall pay for the building of such permanent sidewalk out of the General Fund. The Council may pass an ordinance to carry into effect the provisions of this Section. (Ref. 16-664, 45-104.01 RS Neb.)
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 hereafter constructed, reconstructed, repaired or replaced, shall be of concrete in proportions of one part cement to six of sand, and not less than four inches thick. No person shall construct, reconstruct, repair or replace any sidewalk of any other material within the limits of this City. (Ref. 16-661 RS Neb.)
All sidewalks in front of or along any lot or lots or parcels of land, if abutting streets in the residence district shall be constructed four feet in width with the inner edges thereof two feet from the lot line, or as permitted or directed by the Mayor and City Council. All sidewalks in front of or along any lot or lots or parcels of land in the fire limits shall be constructed with the inner edges plumb with the lot line, and of such width as the Mayor and City Council may, in each case, fix. (Ref. 16-661 RS Neb.)
All concrete sidewalks shall conform to the grade, where established, and on streets where no grade is yet established, then to a grade established by the Street Commissioner or other agent of the City Council designated for that purpose, with relation to the particular points between which the sidewalk is to be built. The Street Commissioner or the City Engineer shall establish grades on streets where the same have not yet been run. Sidewalks shall be built on a grade or level with the surface of the ground, as near as can be. (Ref. 16-661 RS Neb.)