CHAPTER V PUBLIC WAYS AND PROPERTY
ARTICLE I - PUBLIC PROPERTY REGULATIONS
5-101 MAINTENANCE AND CONTROL
5-103 PERMITTED OBSTRUCTIONS
5-104 SALE AND CONVEYANCE
ARTICLE II - STREETS
5-201 NAMES AND NUMBERS
5-204 CUTTING OF PAVEMENT
5-205 FIRE ON SIDEWALK OR PAVEMENT; SCATTERING COMBUSTIBLE MATERIAL THEREON; PROHIBITED
5-206 DRIVING STAKES
5-207 MIXING CONCRETE
5-208 HARMFUL LIQUIDS
5-209 EAVE AND GUTTER SPOUTS
5-210 HEAVY EQUIPMENT
5-211 WIDENING OR OPENING
5-212 UTILITY LINES, WIRES, ETC.
5-213 DRIVEWAY APPROACHES
ARTICLE III - SIDEWALKS
5-301 DUTY TO REPAIR; LIABILITY
5-302 NEW SIDEWALK; NOTICE
5-303 REPAIRING SIDEWALK; NOTICE
5-304 RECONSTRUCTING SIDEWALK; NOTICE
5-305 FAILURE TO CONSTRUCT, RECONSTRUCT OR REPAIR
5-306 MANNER OF CONSTRUCTION
5-307 FAILURE TO REBUILD
5-308 DUTY TO REMOVE SNOW, SLEET AND ICE; PENALTY
5-309 DUTY TO REMOVE BRANCHES AND SHRUBBERY; PENALTY
5-310 CONSTRUCTION BY PETITION OR AGREEMENT
ARTICLE IV - CONSTRUCTION OF PRIVATE DRIVES
5-402 PRIVATE DRIVE SPECIFICATIONS
5-403 APPLICATION REQUIREMENTS
5-404 APPROVAL OF BOARD
ARTICLE V - PENAL PROVISIONS
5-501 VIOLATION; PENALTY
CHAPTER V PUBLIC WAYS AND PROPERTY
ARTICLE I - PUBLIC PROPERTY REGULATIONS
SECTION 5-101: MAINTENANCE AND CONTROL
The Village Board shall have the care, supervision and control of all public highways, bridges, streets, alleys, public squares and commons within the Village, and shall cause the same to be kept open, in good repair and free from nuisances.
Source: Neb. Rev. Stat. § 17 -567
SECTION 5-102: OBSTRUCTIONS
Trees and shrubs growing upon or near the lot line or upon public ground and interfering with the use or construction of any public improvements shall be deemed an obstruction under this article. The roots of said trees and shrubs may be removed by the street commissioner at the expense of the owner of the property upon which the trees and shrubs are located, should the owner fail or neglect to do so after notice. It shall be unlawful for any person, persons, firm or corporation to obstruct or encumber any of the streets, alleys or sidewalks by fences, gates, buildings, structures or otherwise.
SECTION 5-103: PERMITTED OBSTRUCTIONS
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 person shall make written application to do so; provided, no permit shall be granted for the occupancy .of the sidewalk space or more than one-third 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; 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 Village Board.
SECTION 5-104: SALE AND CONVEYANCE
1. Except as provided in subsection 9 of this section, the power of the Village to convey any real and personal property owned by it, including land used for park purposes and public squares, except real property used in the operation of public utilities, shall be exercised by resolution, directing the sale at public auction or by sealed bid of such real and personal property and the manner and terms thereof, except that such real and personal property shall not be sold at public auction or by sealed bid when:
a. Such property is being sold in compliance with the requirements of federal or state grants or programs;
b. Such property is being conveyed to another public agency; or
c. Such property consists of streets and alleys.
2. The Village Board may establish a minimum price for such real and personal property at which bidding shall begin or shall serve as a minimum for a sealed bid.
3. After the passage of the resolution directing the sale, notice of all proposed sales of real and personal property described subsection 1 of this section and the terms thereof shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the Village.
4. If within 30 days after the third publication of the notice, a remonstrance against such sale, signed by registered voters of the Village equal in number to 30% of the registered voters of the Village voting at the last regular municipal election held therein be filed with the Village Board, such property shall not then nor within one year thereafter be sold. If the date for filing of the remonstrance falls upon a Saturday, Sunday or legal holiday, the signatures shall be collected within the 30 day period, but the filing shall be considered timely if filed or postmarked on or before the next business day. .
5. Upon the receipt of the remonstrance, the Village Board, with the aid and assistance of the election commissioner or county clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The Village Board shall deliver the remonstrance to the election commissioner or county clerk by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. Upon receipt of the remonstrance, the election commissioner or county clerk shall issue to the Village Board a written receipt that the remonstrance is in the custody of the election commissioner or the county clerk. The election commissioner or county clerk shall compare the signature of each person signing the remonstrance with the voter registration records to determine if each signer was a registered voter on or before the date on which the remonstrance was filed with the Village Board. The election commissioner or county clerk shall also compare the signer's printed name, street and number or voting precinct, and municipal or post office address with the voter registration records to determine whether the signer was a registered voter. The signature and address shall be presumed to be valid only if the election commissioner or county clerk determines that the printed name, street and number or voting precinct. and municipal or post office address matches the registration records and that the registration was received on or before the date on which the remonstrance was filed with the Village Board. The determinations of the election commissioner or county clerk may be rebutted by any credible evidence which the Village Board finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of the remonstrance, the sufficiency of the remonstrance, and the qualifications of the signer, shall be to prevent fraud, deception and misrepresentation in the remonstrance process. Upon completion of the comparison of names and addresses with the voter registration records, the election commissioner or county clerk shall prepare in writing a certification under seal setting forth the name and address of each signer found not to be a registered voter and the signature page number and line number where the name is found, and if the reason for the invalidity of the signature or address is other than the nonregistration of the signer, the election commissioner or county clerk shall set forth the reason for the invalidity of the signature. If the election commissioner or county clerk determines that a signer has affixed his or her signature more than once to the remonstrance and that only one person is registered by that name, the election commissioner or county clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall county only the earliest dated signature. The election commissioner or county clerk shall certify to the Village Board the number of valid signatures necessary to constitute a valid remonstrance. The election commissioner or county clerk shall deliver the remonstrance and the certifications to the Village Board within 40 days after the receipt of the remonstrance from the Village Board. The delivery shall be by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. Not more than 20 signatures on one signature page shall be counted.
6. The Village Board shall, within 30 days after the receipt of the remonstrance and certifications from the election commissioner or county clerk, hold a public hearing to review the remonstrance and certifications and receive testimony regarding them. The Village Board shall, following the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if sufficient valid signatures have been received.
7. Real estate now owned or hereafter owned by the Village may be conveyed without consideration to the State of Nebraska for state armory sites or, if acquired for state armory sites, such property shall be conveyed strictly in accordance with the conditions of Sections 18-1001 to 18-1006 RS Neb.
8. Following (a) passage of the resolution directing a sale, (b) publishing of the notice of the proposed sale, and (c) passing of the 30 day right of remonstrance period, the property shall then be sold. Such sale shall be confirmed by passage of an ordinance stating the name of the purchaser and terms of the sale. The village clerk shall, upon passage of such ordinance, certify the name of the purchaser to the register of deeds of the county in which the property is located.
Subsections 1 to 8 of this section shall not apply to the sale of real and personal property if the authorizing resolution directs the sale of an item or items of real and personal property, the total fair market value of which is less than $5,000.00. Following the passage of the resolution directing the sale of such property, notice of such sale shall be posted in three prominent places within the Village for a period of not less than seven days prior to the sale of such property. Such notice shall give a general description of the property offered for sale and state the terms and conditions of such sale. Confirmation of the sale by passage of an ordinance may be required.
Source: Neb. Rev. Stat. §17-503
ARTICLE II - STREETS
SECTION 5-201: NAMES AND NUMBERS
The Village Board may at any time, by ordinance, rename any street or provide a name for a new street. Buildings used for residence or business purposes located along such streets shall retain their previously assigned numbers, and the street commissioner shall give notice to the owners or occupants of any buildings located along such named or renamed streets.
SECTION 5-202: CROSSINGS
The Village Board may order and cause street, avenue and alley crossings to be constructed under the supervision of the street commissioner, and the same shall be constructed of such materials as the Village Board shall deem necessary. When a petition for the construction of any such crossing is filed by an interested resident in the office of the village clerk, he/she shall refer such application to the street commissioner, who shall investigate and recommend to the Village Board allowance or rejection as final action by the Village Board on such application.
SECTION 5-203: EXCAVATION
It shall be unlawful for any person to make an excavation in any street for any purpose whatsoever unless a written permit is issued by the Village Board authorizing such excavation.
SECTION 5-204: CUTTING OF PAVEMENT
It is hereby determined to be unlawful for any person to cut into any paving, curb or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the village clerk. Before any person shall obtain a permit, he/she shall inform the village clerk of the place where such cutting is to be done. Before any permit is issued by the village clerk, the applicant for such permit shall deposit with the village treasurer a sum set by resolution of the Village Board for all paving, curbs or sidewalks to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the Village for the purpose of replacing the paving, curbs or sidewalks in the event the work is done by the Village. In the event the Village elects to require the applicant to replace the paving, curbs or sidewalks, the deposit shall be retained by the Village until the work is completed to the satisfaction of the street commissioner or of the committee of the Village Board on streets and alleys. In addition to making the deposit set forth above, the applicant shall, before any permit is issued, execute a bond to the Village with a good and sufficient surety or sureties to be approved by the Village Board in a sum set by resolution of said board, to guarantee faithful performance of the work.
It shall be the street commissioner's duty to inspect the place of entry into the paving, sidewalk or curb before the same is cut. When cutting into any paving, it shall be the duty of the applicant to do so under such rules and regulations as may be prescribed by the Village Board or the village engineer. When the applicant is ready to close the opening made, he/she shall inform the street commissioner, who shall supervise and inspect the materials used and the work done in closing the opening. It shall be discretionary with the Village Board to order the street commissioner, under the supervision and inspection of the village engineer or the committee of the Village Board on streets and alleys, to do the work of cutting and closing the paving and charge the costs thereof to the applicant. The Village Board may consent to the work of cutting and closing the paving to be done by the party holding the permit.
SECTION 5-205: FIRE ON SIDEWALK OR PAVEMENT; SCATTERING COMBUSTIBLE MATERIAL THEREON; PROHIBITED
It shall be unlawful for any person to burn any material on any concrete or asphalt pavement, or to scatter any combustible material of any kind on the streets, alleys or public ground in this village.
SECTION 5-206: DRIVING STAKES
It shall be unlawful for any person to drive any peg or stake of any kind into the pavement in any street or alley without first procuring the written consent of the Village Board.
SECTION 5-207: MIXING CONCRETE
It shall be unlawful for any person to mix any concrete or plastering material directly on the street pavement for any reason whatsoever and to use said pavement as a mixing board for said material.
SECTION 5-208: HARMFUL LIQUIDS
It shall be unlawful for any person to place or permit to leak onto any street or in any gutter, waste gasoline, kerosene or high lubricating oils, which damage or act as a solvent upon said streets.
SECTION 5-209: EAVE AND GUTTER SPOUTS
It is hereby declared unlawful for any person to erect or maintain any dwelling house or business building within the limits of the Village where the said dwelling or building abuts on any sidewalk or street without providing proper guttering and eave spouts to receive the waste waters that collect on the said sidewalks and streets. All eave spouts erected on any dwelling house or business building shall be constructed to drain into the alleys, or shall be buried beneath the sidewalks and drain into the streets where it is found to be impossible to drain said eave spouts into the alley.
SECTION 5-210: HEAVY EQUIPMENT
It shall hereafter be unlawful for any person or persons to move or operate heavy equipment across any curb, gutter, bridge, culvert, sidewalk, crosswalk or crossing on any unpaved street without first having protected such curb, gutter, bridge, culvert, sidewalk, crosswalk or crossing with heavy plank sufficient in strength to warrant against the breakage or damage of the same. Hereafter, it shall be unlawful to drive, move, operate or convey over or across any paved street a vehicle, machine or implement with sharp discs or sharp wheels that bear upon said pavement; with wheels having cutting edges; with wheels having lugs, protruding parts or bolts thereon that extend beyond a plain tire so as to cut, mark, mar, indent or otherwise injure or damage any pavement, gutter or curb; provided, where heavy vehicles, structures, and machines move along paved or unpaved streets, the Village Board is hereby authorized and empowered to choose the route over which the moving of such vehicles, structures or machines will be permitted and allowed; and provided, school buses and emergency vehicles shall be permitted to use metal or metal-type studs the year around; it shall be permissible to use farm machinery with tires having protuberances which will not injure the streets; and it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to slide or skid. .
Source: Neb. Rev. Stat. §39-6.131
SECTION 5-211: WIDENING OR OPENING
The Village Board shall have the power to open or widen any street, alley or lane within the limits of the Village and to create, open and improve any new street, alley or lane; provided, all damages sustained shall be ascertained in such manner as shall be provided by ordinance.
Source: Neb. Rev. Stat. §17-558, 17-559,76-407 through 76-724
SECTION 5-212: UTILITY LINES, WIRES, ETC.
Poles, wires, gas mains, pipe lines and other appurtenances of public service companies shall be located or erected over, upon or under the streets, alleys and common grounds after a proper application shall have been made to the village clerk in writing and permission in writing shall have been given by the Village Board. Public service companies heretofore or hereafter granted right of way for the erection and maintenance of poles, conduits, gas mains, pipe lines and wires for the purpose of transacting their business upon, under or over the streets, alleys and public grounds shall at all times, when requested by the Village Board, erect, locate or relocate their poles, wires, gas mains, pipe lines and other appurtenances to such places and in such manner as shall be designated by the Village Board.
Such poles, wires, gas mains, pipe lines and other appurtenances shall be removed or relocated by said companies at their own expense when requested to do so by the Village Board. Whenever it becomes necessary for the Village Board to request such relocation for the public safety and convenience, the Village Board shall order said relocation by resolution and the village clerk shall notify any company or companies affected. Said companies shall, within 24 hours after receiving notice, at their own expense, cause the poles, wires, gas mains, pipe lines or other appurtenances to be removed. The Village Board shall designate another location, as close as possible, where said poles, wires, gas mains, pipe lines or other appurtenances may be reset or placed. All poles, wires, gas mains, pipe lines or other appurtenances shall be reset, placed or erected in such manner that they will not interfere with the water system, sewer system or poles, wires, and mains of any public utility located on the same street or alley or with travel or buildings constructed or hereafter to be constructed. Whenever possible, all poles, wires, gas mains, pipe lines or appurtenances shall be confined to the alleys of the Village.
SECTION 5-213: DRIVEWAY APPROACHES
The utilities superintendent may require the owner of property served by a driveway approach constructed or maintained upon the street right-of-way to repair or replace any such driveway approach which is cracked, broken or otherwise deteriorated to the extent that it is causing or is likely to cause damage to or interfere with any street structure, including pavement or sidewalks.
The chairman of the Village Board shall give the property owner notice by registered letter or certified mail, directed to the last-known address of such owner or the agent of such owner, directing the repair or replacement of such driveway approach. If within 30 days of mailing such notice, the property owner fails or neglects to cause such repairs or replacements to be made, the utilities superintendent may cause such work to be done and assess the cost upon the property served by such approach.
Source: Neb. Rev. Stat. §18-1748
ARTICLE III - SIDEWALKS
SECTION 5-301: DUTY TO REPAIR; LIABILITY
Every owner of any lot or piece of land within the limits of this village shall at all times keep and maintain the sidewalks along and contiguous to said lots or pieces of land in good and proper repair and in a condition reasonably safe for all travelers thereon. In case the owner or owners of any lot or land abutting on any street or avenue or part thereof shall fail to repair any sidewalk in front of his/her/their lots or land within the time and in the manner as directed and required by this article after having received due notice to do so, they shall be liable for all damages and injury occasioned by reason of the defective or dangerous condition of any sidewalk, and the chairman and Board of Trustees shall have power to cause such sidewalks to be repaired and assess the costs thereof against such property.
Source: Neb. Rev. Stat. §17-557
SECTION 5-302: NEW SIDEWALK; NOTICE
Whenever the Village Board shall deem it necessary that a new sidewalk should be constructed in front of any lot or piece of ground in the Village in a place where there is no sidewalk, it shall so order and the street commissioner shall thereupon notify the owner of such lot or piece of ground or his/her agent of the work or improvement to be done, and such owner or person so notified shall be allowed 30 days from the date of said notice in which to construct the same:
SECTION 5-303: REPAIRING SIDEWALK; NOTICE
Whenever the street commissioner shall deem it necessary that any sidewalk shall be repaired or it shall be required by the Village Board, committee on streets and walks or the street commissioner, the owner of the lot or piece of land along and contiguous to which such sidewalk is situated shall be notified to repair the same within 24 hours from and after the giving of such notice. Oral notice to the owner shall be deemed sufficient. If the owner is not found by the street commissioner, then a written notice left in the house situated on such lot or piece of ground, or posted upon said premises, shall be sufficient, and the 24 hours shall begin to run from the leaving or posting of such notice, as the case may be.
SECTION 5-304: RECONSTRUCTING SIDEWALK; NOTICE
Whenever the Board shall deem it necessary that an old sidewalk shall be replaced or reconstructed, it shall order the same to be done and the street commissioner shall give notice in the manner and form provided in Section 5-303 of this article, to replace or reconstruct the same within 30 days from and after such notice.
SECTION 5-305: FAILURE TO CONSTRUCT, RECONSTRUCT OR REPAIR
If any such owner, after notice has been given as provided in this article, shall neglect or refuse or shall have failed to construct, repair, replace or reconstruct any sidewalk within the time limit in the notice given in such case, and whose duty it is made by this article to construct, repair or rebuild such walks, the street commissioner or other officer empowered herein to act shall proceed at once without further notice to such owner or person to have such sidewalks constructed, repaired, rebuilt or reconstructed, as the case may be, and the expense of such work shall be assessed to such lot or piece of land and collected as provided by law.
SECTION 5-306: MANNER OF CONSTRUCTION
All sidewalk construction shall be done strictly in accordance with and pursuant to the instruction and direction of the street superintendent for the Village.
SECTION 5-307: FAILURE TO REBUILD
I n case the owner of property in front of which any unlawful sidewalk is constructed refuses or neglects to rebuild or relocate the same within five days after notice to do so, then the Board may order the same rebuilt or relocated and assess the costs thereof upon the abutting property upon the same notice and in the same manner provided by law for the construction of and assessment for new sidewalks.
SECTION 5-308: DUTY TO REMOVE SNOW, SLEET AND ICE; PENALTY
It shall be the duty of the occupant of each lot or parcel of land in said village to remove all snow, sleet and ice from the sidewalks adjacent thereto within forty-eight (48) hours after the same has accumulated thereon; and if snow, sleet or ice shall remain on any sidewalk for more than forty-eight hours, it shall be the duty of the street commissioner to remove the same and the expense of such removal shall be charged to and collected from the occupant or owner of such property. Any such occupant or owner who fails to remove the snow, sleet or ice accumulated on the adjacent sidewalks within the time aforesaid, upon conviction shall be fined not more than $10.00 and shall pay the costs of prosecution and the cost of the removal of such snow, sleet or ice.
Source: Neb. Rev. Stat. §17-557
SECTION 5-309: DUTY TO REMOVE BRANCHES AND SHRUBBERY; PENALTY
It shall be the duty of the occupant of each lot or parcel of ground in said village to keep the sidewalks adjacent thereto free from overhanging branches and limbs to a height of seven and one-half feet and to keep such sidewalks free from encroaching hedges or shrubbery, and no tree, shrubbery or hedge shall be permitted closer than 18 inches to the sidewalk. It shall be the duty of the occupant of each lot or parcel of ground abutting on any intersection to trim and or remove any shrubbery or other obstacle which obstructs the view for a distance of 25 feet from such intersection. Any such occupant or owner who fails to remove the overhanging branches and limbs or other encroachments within five days after receiving written notice to do so, upon conviction shall be fined not more than $10.00 and shall pay the costs of prosecution and the costs of the removal of such encroachments.
Source: Neb. Rev. Stat. §17-557.01
SECTION 5-310: CONSTRUCTION BY PETITION OR AGREEMENT
If 60% of the record resident front footage owners of property subject to assessment for sidewalk improvements petition the Board of Trustees to construct the same, the Board of Trustees shall proceed in all things as though such construction had been ordered by it.
Upon the petition of an abutting owner in fee simple of property subject to assessment for sidewalk improvements, the Board of Trustees may order permanent sidewalks built in accordance with this article upon the making, executing and delivering to the Village an agreement by the owner that he/she will pay the engineering service fee and the cost of the construction of the sidewalk, and that such costs of construction, until paid, shall be a perpetual lien upon the real estate abutting the sidewalk to be constructed. The owner grants the Village the right to assess and levy the costs of such construction against his/her real estate abutting the 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.
Source: Neb. Rev. Stat. §17-510 Supp. 1979
ARTICLE IV - CONSTRUCTION OF PRIVATE DRIVES
SECTION 5-401: APPLICATION
Before any person, firm or corporation constructs a private drive onto any public street or alley, an application shall first be made to the Village Board for a permit for such construction. Such application shall be acted upon by the Village Board at a special or regular meeting as determined by the Board.
SECTION 5-402: PRIVATE DRIVE SPECIFICATIONS
Private drives shall not exceed 24 feet in width and shall not be constructed within ten feet of adjacent lot lines unless such adjacent lots are owned by the applicant.
SECTION 5-403: APPLICATION REQUIREMENTS
All driveway applications shall contain the following information:
1. The addition, block and lot which the driveway is to serve;
2. The location of the proposed driveway with reference to adjacent lot lines;
3. The width of the driveway and type of street surface to which the driveway will connect.
SECTION 5-404: APPROVAL OF BOARD
In the event that the Village Board determines that such application is in due and proper form and that the same complies with this article, it shall approve construction of such requested driveway and note such approval in its official minutes.
ARTICLE V - PENAL PROVISIONS
SECTION 5-501: VIOLATION; PENALTY
Any and all persons violating any of the provisions of the several articles of this chapter for which a penalty is not therein provided shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not more than $500.00, and each day that maintenance of the same continues shall constitute a separate offense.