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.)