City of Papillion, NE Sidewalks

The owner or occupant of any lot, piece or parcel of ground abutting or adjacent to any sidewalk, over which there extends the branches of trees, shall at all times keep the branches, limbs and/or foliage thereof trimmed to the height of at least eight feet above the surface of said walk. Whenever the limbs, branches and/or foliage of any tree or trees extend over the sidewalks contrary to the provisions herein, so as to obstruct site view, to include interfering with the lighting of the streetlights, view of traffic signs and signals and the convenience of the public using said sidewalk, the Director of Public Works, or his duly designated representative, shall notify the occupant or owner personally or by attaching a written notice to the property to cut or remove said obstructions within 30 days after having received such notification.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Failure to comply with such notice shall give the Director of Public Works, or his duly designated representative, the option of cutting or removing said obstructions and charging the costs thereof to the owner or occupant as a special assessment for improvements as herein provided.

Within 30 days after the receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing or fails to comply with the order to abate and remove the nuisance, the city may have such work done and may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed.[2]

[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 166-4 Removal of snow and other debris.

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 remain on their sidewalks. All sidewalks 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. In the event that the owner fails to clean the sidewalk the Director of Public Works shall notify him personally, or by attaching a written notice to the property, to immediately clean said sidewalks. Failure to do so shall give the Director of Public Works the option of cleaning the sidewalk and charging the expense against the property to be recovered by proper action in the name of the municipality or by special assessment.

§ 166-5 Maintenance.

Every owner of any lot or lots or piece of land within the zoning jurisdiction of the City of Papillion, whether within or without the corporate city limits, shall at all times keep and maintain the sidewalk along and contiguous to said lot, parcel or piece of land, as the case may be, in good and proper repair and in a condition reasonably safe for travel for all pedestrian traffic 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 lot, lots or lands within five days 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.

It shall be the duty of the Director of Public Works, or his duly authorized representative, to advise the City Council of the need and desirability that sidewalk(s) be constructed, installed, replaced, repaired or maintained along any lot, parcel or piece of land located within the zoning jurisdiction of the City of Papillion, whether said lot, parcel or piece of land is located within or without the corporate city limits of the City of Papillion.

The Council shall have power to cause any such sidewalks to be constructed or repaired upon a three-fourths-vote of the Council in favor thereof, and the Council shall cause the cost thereof to be assessed against said property as a special assessment as provided by law. Whenever a building permit is requested from the Chief Building Official and agents and assistants to place a structure upon any lot, parcel or piece of land within the zoning jurisdiction of the City of Papillion, whether said lot, parcel or piece of land is located within or without the corporate city limits of the city, the Chief Building Official and agents and assistants shall, prior to issuing said permit, determine the necessity and desirability of requiring sidewalks and if the necessity and desirability of sidewalks is found to exist, then said requirement shall be noted on the building permit issued.

§ 166-6 Construction by owner.

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 and survey.

Said owner shall make application, in writing, for a permit and file such application in the office of the City Clerk along with the survey fee set by resolution of the Council which shall be paid to the municipal official in charge of making sidewalk surveys. The permit shall give a description of the lot or piece of land along which the sidewalk is to be constructed. The Director of Public Works 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 Director of Public Works shall submit the application to the Council who shall determine whether the permit should be granted or denied.

When a permit is issued for the construction of a sidewalk the Director of Public Works, or his or her duly authorized agent, shall make a survey and set stakes indicating the location, grade and elevation of the sidewalk. It shall be unlawful for any person to construct or cause to be constructed said sidewalk at any other location, grade or elevation that is so designated. 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 Director of Public Works. Such survey shall be made within 10 days after said permit has been issued. Any sidewalks constructed in any thickness, width or at any location, grade or elevation or of any other materials than that prescribed by the Director of Public Works as approved by the Council, shall be subject to removal upon written notice by the Council within the time prescribed on the notice.

§ 166-7 Construction by city or agent.

The Council may, by three-fourths-vote, order the construction of a sidewalk on any lot or piece of ground within the municipality. Notice of the Council's intention to construct said sidewalk shall be given by the City Clerk by publication of a notice one time in a legal newspaper of general circulation in the municipality.

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 premise 30 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.

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 tax 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.

§ 166-8 Construction by petition.

If 3/5 of the record resident abutting owners in fee simple of property, subject to the assessment for sidewalk improvements, petition the Council to make the same, the Council may proceed in all things as though such construction had been ordered by it. Upon the petition of any freeholder, who is an abutting owner in fee simple of property subject to assessment for sidewalk improvements, the Council may order permanent sidewalks built in accordance with this article upon the freeholder making, executing and delivering to the municipality an agreement to the effect that the petitioning freeholder will pay the engineering fees and all other incidental construction costs which until paid shall be a perpetual lien upon the real estate abutting which the freeholder desires such sidewalk to be constructed and that the petitioner gives and grants to the municipality the right to assess and levy the costs of such sidewalk improvement and promises to pay such costs with interest. The total cost of such improvement shall be levied, allocated, financed and specially assessed as provided by law.

§ 166-9 Certification.

The Public Works Director shall certify to the Council a detailed schedule of all sidewalks laid, widened or rebuilt and the cost of the same from which the Council may be aided in determining the amount to be assessed as a special assessment against each lot or piece of ground. The Public Works Director shall certify such other facts as may be necessary to enable the Council to make the proper assessment. He shall also certify to the Council the acceptance of any sidewalk so improved or what other action he has taken with reference to the sidewalk. The cost of improvements provided for in this article shall then be assessed by the Council meeting as a Board of Equalization, following notice of such sitting at least 10 days prior thereto, by publication in a newspaper having general circulation in the municipality. Such assessment shall be made and collected as provided by law.