City of
WAYNE,
NEBRASKA
__________
*Cross references: Any
ordinance dedicating, naming, establishing, locating, relocating, opening,
widening, paving, etc., any street or public way in the city saved from repeal,
§ 1-10(6); Any ordinance providing for local improvements and assessing taxes
for such improvements saved from repeal, § 1-10(9); Any ordinance establishing
or prescribing street grades in the city saved from repeal, § 1-10(15); Buildings
and Building Regulations, ch. 18; Moving Buildings, § 18-301 et seq.; Environment,
ch. 34; Library, ch. 54; Peddlers and Solicitors, ch. 62; Subdivisions, ch. 74;
Traffic and Vehicles, ch. 78; Utilities, ch. 82; Vegetation, ch. 86; Zoning,
ch. 90; Visibility at Intersections, § 90-701.
State law references: Authority
to regulate streets and sidewalks, R.R.S. 1943, §§ 16-207, 16-210; authority to
regulate excavations, R.R.S. 1943, § 16-232.
__________
Article I. In General
Sec. 70-1. Definitions.
Sec. 70-2. Maintenance and control.
Sec. 70-3. Obstructions.
Sec. 70-4. Permitted obstructions.
Sec. 70-5. Improvements to sidewalk space.
Sec. 70-6. Weeds.
Sec. 70-7. Acquisition of real property.
Sec. 70-8. Acquisition of property; appraisal.
Sec. 70-9. Municipal property: Commercial use.
Sec. 70-10. Public works involving architecture or
engineering; requirements.
Sec. 70-11. Annexation.
Secs.
70-12--70-42. Reserved.
Article
II. Sidewalks
Sec. 70-43. Overhanging branches.
Sec. 70-44. Kept clean.
Sec. 70-45. Prohibited openings and obstructions.
Sec. 70-46. Maintenance.
Sec. 70-47. Repair.
Sec. 70-48. Construction by owner.
Sec. 70-49. City construction.
Sec. 70-50. Construction by petition.
Sec. 70-51. Improvement districts.
Sec. 70-52. Construction specifications.
Sec. 70-53. Certification.
Sec. 70-54. New construction.
Sec. 70-55. Maximum vehicle weight.
Secs. 70-56--70-91. Reserved.
Article
III. Streets
Sec. 70-92. Numbers.
Sec. 70-93. Names.
Sec. 70-94. Driveway permits.
Sec. 70-95. Driving stakes.
Sec. 70-96. Mixing concrete.
Sec. 70-97. Harmful liquids.
Sec. 70-98. Eave and gutter spouts.
Sec. 70-99. Improvements.
Sec. 70-100. Improvement of streets on corporate limits.
Sec. 70-101. Improvement districts; property included;
creation and notice; objections.
Sec. 70-102. Improvements included.
Sec. 70-103. Petition for improvements.
Sec. 70-104. Driveway approaches.
Sec. 70-105. Special improvement district; assessment and
creation procedure.
Sec. 70-106. Land adjacent to an improvement district.
Secs.
70-107--70-141. Reserved.
Article
IV. Excavations
Sec. 70-142. Definitions.
Sec. 70-143. Compliance required.
Sec. 70-144. Permit required.
Sec. 70-145. Obstructions and excavations in streets.
Sec. 70-146. Digging in street.
Sec. 70-147. Exceptions.
Sec. 70-148. Surety bond.
Sec. 70-149. Backfill and inspection.
Sec. 70-150. Rules for proper performance of work.
Sec. 70-151. Interference with other regulations.
Sec. 70-152. Enforcement.
Sec. 70-153. Penalty.
Secs.
70-154--70-190. Reserved.
Article V. Parades
Sec. 70-191. Definitions.
Sec. 70-192. Permit required.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning. When no definition is specified,
the normal dictionary usage of the word shall apply.
Right-of-way means a strip of land
taken or dedicated for use as a public road. In addition to the roadway, it
normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage
facilities, and may include special features (required by the topography or
treatment), such as grade separation, landscaped areas, viaducts, and bridges.
Sidewalk means that portion of the road right-of-way
outside the roadway, which is improved for the use of pedestrian traffic.
Sidewalk space means that portion of a
street between curblines and adjacent property lines.
Street means a right-of-way, dedicated to public
use, which affords a primary means of access, not an alley, being the full
width between property lines abounding every public way of whatever nature,
with a part to be used for vehicular traffic.
Street line means the right-of-way
line of a street.
Street pavement means the wearing or exposed
surface of the street right-of-way used by vehicular traffic. The pavement
width is measured from the backs of the curb on one side to the back of the
curb on the other side.
(Code 1974, §§ 8-101, 8-201, 8-201.01, 8-401.01, 8-401.02,
8-401.05, 8-401.06)
Cross references: Definitions
generally, § 1-2.
The 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 them to be kept open and in repair, and free from
nuisances.
(Code 1974, § 8-102)
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 chapter. Roots may be removed by the
city at the expense of the owner of the property upon which the tree is located
should the owner fail or neglect, after notice, to do so. It shall be unlawful
for any person to obstruct or encumber, by fences, gates, buildings, structures
or otherwise, any of the streets, alleys or sidewalks. 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 any hedge, shrubbery, bush or similar growth within two feet
adjacent to the lot line, whether there is a sidewalk abutting or adjoining
such premises or not. It shall be the duty of owners and occupants to, at all
times, keep trimmed and pruned all such similar growth. Whenever any such
growth is allowed to grow within two feet of the lot line contrary to the
provisions of this section, the council may pass a resolution ordering the
owner or occupant to remove such obstructions within three days after having
been served with a copy of the resolution by the city stating that the city
will do so and will charge the costs to the owner or occupant as a special
assessment for improvements, or shall collect the costs by civil suit brought
in the name of the city against the owner or occupant. It shall be the duty of
an owner or occupant engaged in construction of any building or improvement
upon or near the public ways and property to have all excavations or exposures
of any kind protected and guarded by suitable guards or barricades by day and
by warning lights at night.
(Code 1974, § 8-103)
State law references: Authority
to prevent and remove all encroachments on streets and sidewalks, R.R.S. 1943,
§ 16-210.
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 persons shall make
application to and receive a permit in writing from the city official in charge
of city streets to do so; however, 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 the building is to be constructed, erected,
reconstructed, wrecked or repaired shall be granted; and 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 issuing the permit.
(Code 1974, § 8-104)
Sec.
70-5. Improvements to sidewalk space. (return
to ch. 70)
It shall be the duty of every owner or occupant of any lot
abutting upon any street or avenue to keep the space between the lot and
curbline on the street free and clear of all weeds, rubbish or other
obstructions.
(Code 1974, § 8-105)
It is the duty of the public works superintendent or his 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 on such space, he shall notify the owner or occupant to
cut down such weeds as close to the ground as can be practicably done and keep
the weeds cut in like manner during the growing season for weeds. If the owner
of any lot or parcel of land within the city is a nonresident of the city or
cannot be found in the city, the notice may be given to any person having the
care, custody or control of such lot or parcel of land. If there can be found
no one within the city to whom notice can be given, it shall be the duty of the
public works superintendent to post a copy of the notice on the premises and
then to cut or cause the weeds to be cut and report the cost in writing to the
council. The cost shall then be audited and paid by the city, and the amount
shall be assessed against the lot or parcel of land as a special tax 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. This section shall
not be applicable to undeveloped land or property fronting city highway
rights-of-way.
(Code 1974, § 8-106; Ord. No. 2000-13, § 1, 6-27-2000)
Cross references: Vegetation,
ch. 86.
State law references: Authority
to declare the growth of weeds a nuisance, R.R.S. 1943, § 16-230; Noxious Weed
Control Act, R.R.S. 1943, § 2-945.01 et seq.
Sec.
70-7. Acquisition of real property. (return
to ch. 70)
When acquiring an interest in real property by purchase or eminent
domain, the city shall do so only after the council has authorized the
acquisition by action taken in a public meeting after notice and public
hearing.
(Code 1974, § 8-107)
State law references: Similar
provisions, R.R.S. 1943, § 18-1755.
Sec.
70-8. Acquisition of property;
appraisal. (return to ch. 70)
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.
(Code 1974, § 8-108)
Sec.
70-9. Municipal property: Commercial
use. (return
to ch. 70)
Except for the Central Business District, it shall be unlawful for
any person to use any city or public property or public right-of-way for
commercial use, to include but not be limited to the sales and/or display of
any items, merchandise or vehicles; the storage of any items, merchandise or
vehicles for commercial use; and the advertisement of any items, merchandise,
place or property, except as may be specifically permitted by any other section
of this Code, and except as may be allowed by the council for designated times
and places. Regulations concerning the sales and/or display of any items or
merchandise in the Central Business District shall be as set forth by separate
resolution.
(Ord. No. 97-24, § 1, 11-25-1997; Ord. No. 2002-12, § 2,
6-25-02)
Sec.
70-10. Public works involving
architecture or engineering; requirements. (return to ch. 70)
(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 or 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
that which is allowed by State Statute, Section 81-3449;
(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;
(3) Performance of
professional services for itself if the city appoints a city 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;
(4) The practice of any other
certified trade or legally recognized profession;
(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
water resources;
(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;
(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;
(8) The construction of city
water wells as defined in R.R.S. 1943, § 46-1212, the installation of pumps and
pumping equipment into city water wells, and the decommissioning of city 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; and
(9) Any other activities
described in R.R.S. 1943, §§ 81-3449--81-3453.
(Ord. No. 98-15, § 1, 6-30-1998; Ord. No. 2007-3, §,
4-24-2007)
State law references: Engineers
and Architects Regulation Act, R.R.S. 1943, § 81-3401 et seq.
(a) The council
desiring to annex land under the authority of this section shall first adopt
both a resolution stating that the city is considering the annexation of the
land and a plan for extending city services to the land. The resolution shall
state the following:
(1) The time, date, and
location of the public hearing required by this section;
(2) A description of the
boundaries of the land proposed for annexation; and
(3) That the plan of the city
for the extension of the city services to the land proposed for annexation is
available for inspection during regular business hours in the office of the
city clerk.
(b) The plan adopted
by the council shall contain sufficient detail to provide a reasonable person
with a full and complete understanding of the intentions of the city for
extending city services to the land proposed for annexation. The plan shall:
(1) State the estimated cost
impact of providing the services to such land;
(2) State the method by which
the city plans to finance the extension of services to the land and how any
services already provided to the land will be maintained;
(3) Include a timetable for
extending services to the land proposed for annexation; and
(4) Include a map drawn to
scale clearly delineating the land proposed for annexation, the current
boundaries of the city, the proposed boundaries of the city after annexation,
and the general land use pattern in the land proposed for annexation.
(c) A public hearing
on the proposed annexation shall be held within 60 days following the adoption
of the resolution to allow the council to receive testimony from interested
persons. The council may recess the hearing, for good cause, to a time and date
specified at the hearing.
(d) A copy of the
resolution providing for the public hearing shall be published in the official
newspaper in the city at least once not less than ten days preceding the date
of the public hearing. A map drawn to scale delineating the land proposed for
annexation shall be published with the resolution. A copy of the resolution
providing for the public hearing shall be sent by first class mail following its
passage to the school board of any school district in the land proposed for
annexation.
(Code 1974, § 11-501)
State law references: Annexation
generally, R.R.S. 1943, §§ 16-117--16-129.
Secs. 70-12--70-42. Reserved. (return to ch. 70)
__________
*State law references: Sidewalks
generally, R.R.S. 1943, § 16-661 et seq.
__________
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 or limbs trimmed to a height of at
least seven feet above the surface of the walk. Whenever the limbs or branches
of any tree extend over sidewalks contrary to the provisions of this section so
as to interfere with the convenience of the public using the sidewalk, the
public works superintendent shall serve written notice upon the owner or
occupant, ordering the owner or occupant to cut or remove the obstructions
within seven days after having received the notice.
(Code 1974, § 8-201.02)
State law references: Authority
to require removal of obstructions, R.R.S. 1943, § 16-663.
It shall be unlawful for any person, business, association,
corporation, or organization of any kind, who owns, occupies, leases, or
controls any property within the corporate city limits upon which a sidewalk
has been constructed to allow an accumulation of snow or ice on said sidewalk
at any time. In the event of a snow or ice storm said sidewalks shall be
cleaned of snow and ice 24 hours after the city completes snow removal of the
street adjacent to said sidewalk. Placing snow removed from sidewalks onto the
paved portion of any municipal street is prohibited.
(1) Exceptions. In
locations where the street surface between the curbs exceeds 40 feet and where
the improvements on any such abutting property are located so as to leave the
owner no where else to place the removed snow. In this exception, the snow or
ice needs to be removed within 12 hours of any snowfall necessitating the city
street department to remove said snow from the public streets, and such snow or
ice will be placed not less than one foot from the curb line.
(2) If, after proper notice
is given, the tenant or property owner, whichever is applicable, fails to
remove said snow or ice, the city shall cause the removal of said snow or ice
within three days of the property being posted or within five days of such
notice being mailed. The tenant or property owner will be billed for the costs
incurred to remove said snow or ice. If the costs are not paid within two
months, the city clerk shall cause a lien to be placed upon the property in the
form of a special assessment.
(Code 1974, § 8-202.01; Ord. No. 2001-31, § 1, 1-30-2001)
State law references: Similar
provisions, R.R.S. 1943, § 16-663.
Sec.
70-45. Prohibited openings and
obstructions. (return to ch. 70)
(a) It shall be
unlawful for any person or property owner abutting on the sidewalks, streets
and alleys of the city to construct on, in or under the sidewalks, streets or
alleys of the city any of the following:
(1) Open stairway leading
into an entrance into the building on either the first floor, the upper
stories, or to the basement of any building;
(2) An airway for light or
air or for any other purpose;
(3) Holes, covered stairs, or
elevators, unless covered in a manner approved by the council and in no event
to extend above the level of the sidewalk or the street;
(4) Show windows;
(5) Structures or buildings
of any nature; or
(6) Supports for any part of
any structure or building.
(b) Awnings, signs
or related support structures may be permitted as provided in sections 18-341
through 18-344.
(Code 1974, § 8-203)
State law references: Similar
provisions, R.R.S. 1943, §§ 16-207, 16-210.
Every owner of any lot or piece of land within the corporate
limits shall at all times keep and maintain the sidewalk along and contiguous
to such lot or piece of land in good and proper repair, and in a condition
reasonably safe for travel for all travelers. If the owner of any lot or lands,
abutting on any street or avenue, shall fail to construct or repair any
sidewalk in front of his lot or lands, within the time and in the manner as
directed and required after having received due notice to do so he, shall be
liable for all damages or injury occasioned by reason of the defective or
dangerous condition of any sidewalk; and the council shall have power to cause
any such sidewalks to be constructed or repaired and assess the costs against
such property.
(Code 1974, § 8-204)
The city official in charge of sidewalks may require sidewalks of
the city to be repaired. Notice to the owners of property upon which such
sidewalks in disrepair are located shall require, within 48 hours from issuance
of notice, the owners to make arrangements to have the sidewalk repaired. These
repairs shall be completed within 21 days after issuance of the notice. No
special assessment shall be levied against the property unless the owner shall
neglect or refuse to repair within the time prescribed; and if such owner fails
to repair, the city shall cause the repairs to be made and assess the property
owner the expense of such repairs.
(Code 1974, § 8-205)
State law references: Similar
provisions, R.R.S. 1943, §§ 16-661, 16-662.
(a) Any person
desiring to construct or cause to be constructed any sidewalk shall do so only
as provided in this section. It shall be unlawful for any person to construct
any sidewalk without first having obtained a permit.
(b) The owner shall
make application in writing for a permit and file such application in the
office of the city clerk. The permit shall give a description of the lot or
piece of land along which the sidewalk is to be constructed. The official in
charge of sidewalks shall issue the desired permit unless good cause shall
appear why the permit should be denied. If it is desired to construct the
sidewalk at any other place than the regularly prescribed location, grade or
elevation, the city official in charge of sidewalks shall submit the
application to the council, 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 the sidewalk at any other location, grade or elevation than so
designated by the city. 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 city official in charge of sidewalks.
(Code 1974, § 8-206)
State law references: Construction
and repair of sidewalks in municipalities, R.R.S. 1943, §§ 16-661--16-665.
(a) The council may,
by resolution, order the construction of a sidewalk on any lot or piece of
ground within the city. Notice of the council's intention to construct the
sidewalk shall be given by the city clerk by publication of notice one time in
a legal newspaper of general circulation in the city.
(b) A copy of the
notice shall be personally served upon the occupant in possession of such
property; or, when personal service is not possible, the notice shall be posted
upon such premises 30 days prior to the commencement of construction. The
notice required in this section shall be prepared by the city attorney in
accordance with the provisions of this section. Such service shall include a
form of return evidencing personal service or posting as required in this
section.
(c) This 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 construction to be done within the time allowed, the city will cause
the sidewalk to be constructed; and the cost shall be levied and assessed as a
special tax against the premises. The notice shall contain the official
estimate of the cost of construction, and no special assessment in excess of
this estimate shall be assessed against the property.
(Code 1974, § 8-207)
State law references: Similar
provisions, R.R.S. 1943, §§ 16-661, 16-662.
Sec.
70-50. Construction by petition. (return
to ch. 70)
Upon the petition of any owner of abutting property who requests
sidewalk improvements, the council may order the sidewalk to be built; and the
cost of the construction until paid shall be a perpetual lien upon the real
estate upon which the owner desires such sidewalk to be constructed; and the
council may assess and levy the cost of the construction against such real
estate. Upon the filing of the petition, the council shall require an agreement
from the petitioning owner that the owner will pay the engineering fees and the
cost of the construction of the sidewalk; that the cost of such construction,
including engineering fees, and all other incidental construction costs, shall
be a perpetual lien upon the real estate; and that the council shall have the
right to assess and levy the cost of such construction, including engineering
fees, against such real estate. The total cost of such improvements shall be
levied, allocated, financed and specially assessed as provided by law.
(Code 1974, § 8-208)
State law references: Similar
provisions, R.R.S. 1943, § 16-664.
(a) The council shall
have the power to construct, replace, repair or otherwise improve sidewalks
within the city by sidewalk improvement districts. The council shall, by
resolution passed by a three-fourths vote of councilmembers, determine the
necessity for sidewalk improvements. The council shall, by ordinance, create a
sidewalk improvement district and cause such improvements to be made,
contracted for, levied, allocated, financed and specially assessed as provided
by law.
(b) The mayor and city
clerk shall, after the passage, approval and publication of such ordinance,
publish notice of the creation of such districts one time each week for not
less than 20 days in a daily or weekly newspaper of general circulation
published in the city.
(c) If the owners of
the record title representing more than 50 percent of the front footage on the
lots and parcels of property abutting on or adjacent to the property to be
improved in such district, and who are such owners at the time the ordinance
creating the district was published, shall file with the city clerk, within 20
days from the first publication of the notice, written objections to the
improvement of a district, the work shall not be done in the district under the
ordinance; but the ordinance shall be repealed. If objections are not filed
against any district in such time and manner, the council shall forthwith
proceed to construct such improvement.
(Code 1974, § 8-208.01)
Sec.
70-52. Construction specifications.
