§ 28-29. Order to construct or repair sidewalk; notification.

(a)

(1)

The city council may by resolution, adopted by a majority of those councilmembers in attendance at any validly commenced meeting of the city council, order the owner(s) of any land, lot or parcel abutting on or adjacent to any sidewalk space to construct, repair, replace or otherwise improve a sidewalk to conform to the plans and specifications applicable pursuant to section 28-28 whenever it considers such work and improvements to be necessary in the interests of public health, safety or welfare; provided that at the time of adopting any such resolution, the city council may, in its discretion, waive or modify any part of such plans and specifications as it may consider appropriate, but only upon a showing that an undue hardship then exists and that the completed work would satisfy public health, safety or welfare. In such event the resolution shall also specify the nature and extent of the work and improvements to be performed.

(2)

No such resolution shall be so adopted:

a.

Until the expiration of at least seven days following the date that the affected land, lot or parcel has been posted with notice from the public works director that the condition of the existing sidewalk or sidewalk space constitutes a threat to public health, safety or welfare;

b.

For a period of 30 days following the issuance of a permit for such work; or

c.

While any valid application for waiver made to the city council pursuant to sections 28-33 and 28-34 of this article is pending.

(b)

(1)

All work and improvements ordered pursuant to section 28-29(a) shall be completed within the time provided in such resolution, which shall not be less than 30 days following notice to the owner of record of the affected land, lot or parcel; provided, in the event the city council finds that an immediate threat to the public health, safety or welfare shall then exist the city council may order the work and improvements to be completed in less than 30 days. In the event the work and improvements are not completed as required by the city council's resolution, then the city council may in its discretion complete the work itself or enter into a contract for completion of such work and improvements; provided that the city council may either:

a.

Create a sidewalk district and specially assess the expense of all such work and improvements against the affected lands, lots, or parcels abutting on or adjacent to such improvements as described in section 28-31(a) through section 28-31(c) of this article; or

b.

Specially assess the expense of all such work and improvements directly against the affected lands, lots, or parcels abutting on or adjacent to such improvements as described in section 28-31(d) of this article.

(2)

For the purposes of this section, costs shall include, but are not limited to, engineer costs and fees, survey costs and fees, wages and benefits, reasonable estimated administrative costs, and attorneys' fees.

(c)

Notice shall be substantially in the form proposed below and shall be deemed made, and therefor sufficient:

(1)

At the time of mailing, if sent by certified mail postage prepaid to the address of record of the owner of record; or

(2)

Upon personal service to the owner of record which may be affected by leaving a copy of the same at such owner's usual place of residence; or

(3)

By combination of both. If after reasonable effort notice is not so made, then the notice shall be deemed made, and therefore sufficient, upon the date of publication if made in a newspaper published in or of general circulation in the city. In the event of notice by publication, the city clerk shall cause an affidavit of publication to be filed and maintained as part of the official records of the city.

(d)

(1)

Notice made by mail or by personal service shall include a copy of the city council's resolution, a reference to this article, the current plans and specifications approved pursuant to section 28-28, if applicable, and the following written provisions:

NOTICE TO PROPERTY OWNER: You are hereby notified that on ____________, the Bellevue City Council determined that the interests of public health, safety or welfare required that the sidewalk space abutting on or adjacent to your property ____________ should be improved by the construction of a sidewalk meeting those specifications enclosed herein. All work shall be completed within the time specified in the enclosed resolution. Details of compliance may be obtained from the public works director. Failure to comply may result in the work being completed by city contractors, the expense of which may be levied as a special assessment and lien against the property.

(2)

In the event of notice by personal service, the following return shall be made:

STATE OF NEBRASKA	)
	) SS.
COUNTY OF SARPY	)

 

The undersigned [name], the [position] of the City of Bellevue hereby certifies that I served the following documents ( ) on [name] by [describe].

(e)

Notice made by publication shall be in substantially the following form:

NOTICE TO CONSTRUCT

PERMANENT SIDEWALK

To: [OWNER(S)]

PROPERTY: [Address, common, if possible]

You are hereby notified that on [date] the Bellevue City Council determined that the interests of public health, safety or welfare required that the sidewalk space abutting the property identified above should be improved by the construction of a sidewalk meeting specifications of law. Such work must be completed by [date].

Details may be obtained from the public works director at [____________]. FAILURE TO COMPLY MAY RESULT IN THE WORK BEING COMPLETED BY CITY CONTRACTORS, THE EXPENSE OF WHICH MAY BE LEVIED AS A SPECIAL ASSESSMENT.

The names of the owners, the property address and the last sentence of the notice shall be printed in bold capital letters.

(Ord. No. 2778, § 1, 9-27-1993; Ord. No. 3008, §§ 1, 2, 1-25-1999)