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Article 1 - Municipal Property

Article 1 – Municipal Property

SECTION 6-101:  DEFINITIONS

SECTION 6-102:  GENERAL AUTHORITY

Section 6-103:  SNOW; DEBRIS; PROHIBITED

SECTION 6-104:  OBSTRUCTIONS

SECTION 6-105:  OVERHANGING BRANCHES

SECTION 6-106:  WEEDS

SECTION 6-107:  CONSTRUCTION MATERIALS; PERMIT REQUIRED

SECTION 6-108:  BARRICADES AND LIGHTS

SECTION 6-109:  EAVE AND GUTTER SPOUTS

SECTION 6-110:  unlawful acts

SECTION 6-111:  CUTTING CURB; driveway; PERMIT, DEPOSIT

SECTION 6-112:  HEAVY EQUIPMENT

SECTION 6-113:  REAL PROPERTY; ACQUISITION; AUTHORIZATION

SECTION 6-114:  REAL PROPERTY; ACQUISITION; APPRAISAL

SECTION 6-115:  REAL PROPERTY; ACQUISITION; CONSTRUCTION; ELECTIONS, WHEN REQUIRED

SECTION 6-116:  REAL PROPERTY; SALE AND CONVEYANCE

SECTION 6-117:  PERSONAL PROPERTY; SALE AND CONVEYANCE

Section 6-118:  PUBLIC WORKS INVOLVING ARCHITECTURE OR ENGINEERING; REQUIREMENTS

 

 

 

 

SECTION 6-101:  DEFINITIONS

    The following definition shall be applied throughout this chapter. When no definition is specified, the normal dictionary usage of the word shall apply:

    "Sidewalk space" as used herein shall mean that portion of a street between curb lines and adjacent property lines.

SECTION 6-102:  GENERAL AUTHORITY

    A. The City Council shall have the care, supervision, and control of all public highways, bridges, streets, alleys, public squares, and commons within the city and shall cause the same to be kept open, in repair, and free from nuisances.

    B. The city shall have the power to prevent and remove all encroach­ments, including snow, ice, and other similar obstructions upon all sidewalks and other city property.

    D. The city shall have the power to remove all obstructions from the sidewalks, curbs, gutters, and crosswalks at the expense of the person placing them there or at the expense of the city and to require and regulate the planting and protection of shade trees in and along the streets and the trimming and removing of such trees.

    E. The city shall have the power to regulate the building of bulkheads, cellar and basement ways, stairways, railways, windows, doorways, awnings, hitching posts and rails, lampposts, awning posts, all other structures projecting upon or over and adjoining and all other excavations through and under the sidewalks in the city.  (Neb. Rev. Stat. §§17-555, 17-557, 17-557.01, 17-558, 17-567)

Section 6-103:  SNOW; DEBRIS; PROHIBITED

    A. It shall be unlawful for any person, other than duly designated city em­ployees, to plow or pile snow upon the city streets or al­leys. Any person removing snow from private sidewalks, driveways, or parking areas shall not place or pile said snow on the public streets or alleys; provided, said snow may be placed in the sidewalk space and gutter directly in front of and abut­ting the property from which it was removed.

    B. It shall be unlawful to place, push, or deposit any debris, including leaves, grass and branches, from private property onto the streets of the city.

SECTION 6-104:  OBSTRUCTIONS

    A. It shall be unlawful for any person, persons, firm or corporation to obstruct or encumber by fences, gates, buildings, structures or otherwise any of the streets, alleys or sidewalks.

    B. Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property or wholly upon the abutting property but so close to the lot line as to interfere with the use or construction of any public improvement or so that the roots thereof interfere with any utility wires or pipe shall be deemed obstructions. It shall be the duty of owners and occupants to keep all such similar growth trimmed and pruned at all times.

    C. The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property shall permit or suffer to remain on any premises owned or controlled by him or her any hedge, shrubbery, bush, or similar growth within 2 feet adjacent to the lot line whether or not there is a sidewalk abutting or adjoining such premises.

    D. Whenever any such growth is allowed contrary to the provisions of this section, the City Council may order the owner or occupant to remove such obstruction within five days after having been served with notice stating that the city will remove the obstruction and charge the costs to the owner or occupant as a special assessment for improvements as herein provided or shall collect the same by civil suit brought in the name of the city against the said owner or occupant.

    E. Said growth may be removed by the city at the expense of the owner of the property upon which the tree or shrub is located should the owner fail or neglect, after notice, to do so.  In the event the property owner is a non-resident of the county in which the property lies, the city 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, which shall be that address listed on the current tax rolls at the time such required notice was first published.  (Neb. Rev. Stat. §§17-555, 17-557.01)

SECTION 6-105:  OVERHANGING BRANCHES

    A. The city shall have the right to cause any tree or shrub which overhangs any street, sidewalk, alley or other public place in such a way as to impede or interfere with traffic or travel, or within 10 feet in height above a street or 7 feet above any sidewalk, to be trimmed by the owner of the premises abutting or of the premises on which such tree or shrub grows.

    B. Any tree or limb of a tree which (1) has become likely to fall on or across any public street, alley, sidewalk or other public way or place or (2) interferes with the lighting of the street from street lights or with the con­venience of the public using said public way shall be removed by the owner of the premises on which such tree grows.  (Neb. Rev. Stat. §17-557.01) (Ord. No. 385, 4/10/96)

SECTION 6-106:  WEEDS

    A. It is the duty of the city superintendent or his or her 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 or she 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 that any weeds growing in excess of 6 inches in any sidewalk space shall be considered a violation of this section.

    B. In the event that the owner of the lot or parcel of land abutting the sidewalk space within the city is a non-resident of the city 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 city to whom notice can be given, it shall be the duty of the city superintendent or his or her agent to post a copy of the notice on the premises and then to cut or cause the weeds thereon to be cut and report the cost in writing to the City Council.  The cost shall then be audited and paid by the city 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 city or may be recovered by civil suit brought by the city against the owner of the parcel of land.  In the event the property owner is a non-resident of the county, the city 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.

SECTION 6-107:  CONSTRUCTION MATERIALS; PERMIT REQUIRED

    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 so long as is necessary if such persons shall make application to and receive a permit in writing from the official in charge of streets to do so; provided, no permit for the occupancy of the sidewalk space and 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 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 official in charge of streets.

SECTION 6-108:  BARRICades AND LIGHTS

    Whenever any exca­vation on any public property, including without limitation parking sites, sidewalks, curbs and streets, occurs within the zoning jurisdiction of the city, the party responsible for the exca­vation shall provide adequate barricades around the excavation and shall install sufficient warning lights and signs around the exca­vation to protect the public.  (Neb. Rev. Stat. §17-505)

Section 6-109:  Eave and gutter spouts

    It is hereby declared unlawful for any person to erect or maintain any dwelling or business building within the limits of the city where the said dwelling or building abuts on any sidewalk or street without providing proper guttering and eave spouts to receive the wastewaters that collect on the said sidewalks and streets.  All eave spouts erected on any dwelling 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 6-110:  Unlawful acts

    A. It shall be unlawful for any person to willfully, maliciously, or carelessly injure, change, deface, or destroy any street, sidewalk, building, ditch, drain, or grade within the corporate limits.  No person shall cause or permit any offensive or corrosive material to be discharged or thrown out upon any street, sidewalk, alley, or public ground.

    B. No person shall remove, destroy, or tear down any signal, barricade, fence , railing, or other device erected or constructed for the purpose of protecting paving or any other work while in course of construction or after it has been constructed on any of the streets, alleys, or public grounds of the city.

    C. No person shall drive over or upon or go upon any paving or other public works in any of the streets, alleys, or public grounds while the same is protected by any signal, barrier, fence, or railing, or until the same has been removed by the contractors or by the duly authorized officials of the city.  It is declared to be unlawful for any person to mar, deface, destroy, remove, or carry away any street sign or highway marker erected either by authority of the municipality or by the state of Nebraska within the city corporate limits.

SECTION 6-111:  CUTTING CURB; driveway; PERMIT, DEPOSIT

    A. It shall be unlawful for any person to cut into any paving, curb, or sidewalk for the purpose of constructing a driveway or any oth­er purpose without first having obtained a written permit therefor. It shall also be unlawful for any person to construct a driveway where no curb cutting is required without having first obtained a permit following the procedures set out herein.

    B. 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.

    C. Be­fore any permit for curb cutting is issued:

        1. The applicant for such permit shall deposit with the city treasurer a sum set by resolution of the council for all paving, curb, or sidewalk to be cut. Such sum shall be set on a per-square-foot cost of construction basis.  The deposit shall be re­tained by the city for the purpose of replacing the pav­ing, curb, or sidewalk in the event the work is done by the city. In the event the city elects to require the applicant to replace the paving, curb, or sidewalk, the deposit shall be retained by the city until the work is com­pleted to the satisfaction of the official in charge of streets.

        2. The applicant shall inform the city clerk of the place where such cutting is to be done and it shall be the duty of the official in charge of streets to inspect the place of entry into the paving, sidewalk, or curb before the same is cut.

    D. Upon approval of said permit by the City Council, the applicant shall be required to build said driveway and complete said curb cut to the city's specifications, including size and type of materials. When the applicant is ready to close the opening made, he or she shall inform the official in charge of streets, who shall supervise and inspect the materials used and work done in closing the opening.

    E. It shall be discretionary with the City Council to order the official in charge of streets, un­der the supervision and inspection of the city engineer or the committee of the council on streets and al­leys, to do the work of cutting and closing the paving and charge the costs thereof to the party who obtained such permit.  (Neb. Rev. Stat. §17-567)

SECTION 6-112:  HEAVY EQUIPMENT

    A. 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 structure 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; or 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.

    B. Where heavy vehicles, structures, and machines move along paved or unpaved streets, the City Council is hereby authorized and empowered to choose the route over which such moving will be permitted and allowed.

    C. Nothing in this section shall be construed to apply to pneumatic tires with metal or metal-type studs not exceeding 5/16 inch in diameter, inclusive of the stud-casting, with an average protrusion beyond the tread surface of not more than 7/64 inch between November 1 and April 1; provided, it shall be permissible (1) for school buses and emergency vehicles to use metal or metal-type studs any time of the year; (2) to use farm machinery with tires having protuberances which will not damage the streets; and (3) 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.  (Neb. Rev. Stat. §60-6,250)

SECTION 6-113:  REAL PROPERTY; ACQUISITION; AUTHORIZATION

 

    When acquiring an interest in real property by purchase or eminent domain, the city shall do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hear­ing.  (Neb. Rev. Stat. §18-1755)

 

SECTION 6-114:  REAL PROPERTY; ACQUISITION; APPRAISAL

 

    The city shall not purchase, lease-purchase or acquire for consideration real property having an estimated value of $100,000.00 or more unless an appraisal of such property has been performed by a certified real estate appraiser.  (Neb. Rev. Stat. §13-403)

 

SECTION 6-115:  REAL PROPERTY; ACQUISITION; CONSTRUCTION; ELECTIONS, WHEN REQUIRED

 

    A. The city is authorized and empowered to purchase, accept by gift or devise, purchase real estate upon which to erect, and erect a building or buildings for an auditorium, fire station, city building, or community house for housing city enterprises and social and recreation purposes and other public buildings and maintain, manage, and operate the same for the benefit of the inhabitants of the city.

 

    B. Except as provided below, before any such purchase can be made or building erected, the question shall be submitted to the electors of the city at a general election or at an election duly called for that purpose, or as set forth in Neb. Rev. Stat. §17-954, and be adopted by a majority of the electors voting on such question.

 

    C. If the funds to be used to finance the purchase or construction of a building pursuant to this section are available other than through a bond issue, then either:

 

        1. Notice of the proposed purchase or construction shall be published in a newspaper of general circulation in the city and no election shall be required to approve the purchase or construction unless within 30 days after the publication of the notice a remonstrance against the purchase or construction is signed by electors of the city equal in number to 15% of the registered voters of the city voting at the last regular city election held therein and is filed with the City Council.  If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be considered timely if filed or postmarked on or before the next business day.  If a remonstrance with the necessary number of qualified signatures is timely filed, the question shall be submitted to the voters of the city at a general city election or a special election duly called for that purpose.  If the purchase or construction is not approved, the property involved shall not then nor within one year following the election be purchased or constructed; or

 

        2. The City Council may proceed without providing the notice and right of remonstrance required in subdivision (1) of this subsection if the property can be purchased below the fair market value as determined by an appraisal, there is a willing seller, and the purchase price is less than $25,000.00.  The purchase shall be approved by the council after notice and public hearing as provided in Neb. Rev. Stat §18-1755.  (Neb. Rev. Stat. §§17-953, 17-953.01)

 

SECTION 6-116:  REAL PROPERTY; SALE AND CONVEYANCE

 

    A. Except as provided in subsection (G), the power of the city to convey any real 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 of such real property. 

 

    B.  After the passage of the resolution directing the sale, notice of all proposed sales of property described in subsection (A) 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 city.

 

    C.  If within 30 days after the third publication of the notice a remonstrance against such sale is signed by registered voters of the city equal in number to 30 percent of the registered voters of the city voting at the last regular municipal election held therein and is filed with the City Council, such property shall not then, nor within one year thereafter, be sold.  The procedure for determining the validity of the said remonstrance shall be as provided in Neb. Rev. Stat. §17-503(3).

 

    D.  Real property now owned or hereafter owned by the city may be conveyed without consideration to the State of Nebraska for state armory sites or, if acquired for state armory sites, shall be conveyed strictly in accordance with the conditions of Neb. Rev. Stat. §§18-1001 to 18-1006.

 

    E. Following (1) passage of the resolution directing a sale, (2) publishing of the notice of the proposed sale, and (3) 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.

 

    F. Notwithstanding the procedures in subsections (A) through (E) of this section, real property owned by the city may be conveyed when such property:

 

        1. Is sold in compliance with the requirements of federal or state grants or programs;

 

        2. Is conveyed to another public agency; or

 

        3. Consists of streets and alleys.

 

    G. Subsections (A) to (F) of this section shall not apply to the sale of real property if the authorizing resolution directs the sale of an item or items of real property having a total fair market value of less than $5,000.00.  Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the city for a period of not less than seven days prior to the sale of the property.  The notice shall give a general description of the property offered for sale and state the terms and conditions of sale.  Confirmation of the sale by passage of an ordinance may be required.  (Neb. Rev. Stat. §§17-503, 17-503.01)

 

SECTION 6-117:  PERSONAL PROPERTY; SALE AND CONVEYANCE

 

    In order to sell personal property owned by the city, the City Council shall adopt a resolution directing the sale and the manner and terms of the sale.  Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the city for a period of not less than seven days prior to the sale of the property.  If the fair market value of the property is greater than $5,000.00, notice of the sale shall also be published once in a legal newspaper in or of general circulation in such city at least seven days prior to the sale of the property.  The notice shall give a general description of the property offered for sale and state the terms and conditions of sale.  When such personal property is being sold in compliance with the requirements of federal or state grants or programs or conveyed to another public agency, the notice procedure set forth above may be dispensed with.  (Neb. Rev. Stat. §17-503.02)

 

Section 6-118:  PUBLIC WORKS INVOLVING ARCHITECTURE OR ENGINEERING; REQUIREMENTS

 

    A. Except as provided in subsection (B) of this section, the city shall not engage in the con­struction of any public works involving architecture or engineer­ing unless the plans, specifications, and estimates have been prepared and the construction has been observed by an architect, a profes­sional engineer, or a person under the direct supervision of an archi­tect, professional engineer, or those under the direct supervision of an architect or professional engineer.

 

    B. Subsection (A) of this section shall not apply to the following activities:

 

        1. Any public works project with contemplated expenditures for the completed project that do not exceed $100,000.00.  (Neb. Rev. Stat. §§81-3445, 81-3449[3], 81-3453[3])

 

        2. Any alteration, renova­tion, or remodeling of a building if the alteration, renovation, or remodeling does not affect architec­tural or engineering safety features of the building.  (Neb. Rev. Stat. §§81-3449[4], 81­-3453[4])

 

 

        3. Performance of profes­sional services for itself if the city appoints a municipal engineer or employs a full-time per­son licensed under the Engineers and Architects Regulation Act who is in responsible charge of architec­tural or engineering work.  (Neb. Rev. Stat. §§81-3423, 81-3449[9], 81-3453[6])

 

 

        4. The practice of any other certified trade or legally recognized profession.  (Neb. Rev. Stat. §§81-3449[11], 81­-3453[7])

 

        5. Earthmoving and related work associated with soil and water conservation practices performed on any land owned by the city that is not subject to a permit from the Department of Natural Resourc­es.  (Neb. Rev. Stat. §§81-3449[13], 81­-3453[12])

 

        6. The work of employees and agents of the city per­forming, in accordance with other requirements of law, their custom­ary duties in the administration and enforcement of codes, permit pro­grams, and land use regulations and their customary duties in utility and public works construction, opera­tion, and maintenance.  (Neb. Rev. Stat. §§81-3449[14], 81- 3453[13])

 

        7. Those services ordinarily performed by subordinates under direct supervision of a professional engineer or those commonly desig­nated as locomotive, stationary, marine operating engineers, power plant operating engineers, or manu­facturers who supervise the opera­tion of or operate machinery or equipment or who supervise con­struction within their own plant.  (Neb. Rev. Stat. §81-3453[10])

 

        8. The construction of municipal water wells as defined in Neb. Rev. Stat. §46-1212, the installation of pumps and pumping equipment into municipal water wells, and the decommissioning of municipal water wells, unless such construc­tion, installation, or decommissioning is required by the city to be designed or supervised by an engineer or unless legal require­ments are imposed upon the city as a part of a public water supply.  (Neb. Rev. Stat. §81-3453[15])

 

        9. Any other activities described in Neb. Rev. Stat. §§81-3449 to 81-3453.  (Neb. Rev. Stat. §§81-3423, 81-3445, 81-3449, 81-3453)