17-522 Sidewalks; repair; cost; assessment; notice. - Nebraska Statutes

17-522. Sidewalks; repair; cost; assessment; notice.(1) The mayor and city council of a city of the second class or board of trustees of a village may construct and repair sidewalks or cause the construction and repair of sidewalks in such manner as the mayor and city council or board of trustees deems necessary and assess the expense thereof on the property in front of which such construction or repairs are made, after having given notice (a) by publication in one issue of a legal newspaper of general circulation in such city or village and (b) by either causing a written notice to be served upon the occupant in possession of the property involved or to be posted upon such premises ten days prior to the commencement of such construction or repair. The powers conferred under this section are in addition to those provided in sections 17-509 to 17-521 and may be exercised without creating an improvement district.(2) If the owner of any property abutting any street or avenue or part thereof fails to construct or repair any sidewalk in front of the owner's property within the time and in the manner as directed and requested by the mayor and council or board of trustees, after having received due notice to do so, the mayor and council or board of trustees may cause the sidewalk to be constructed or repaired and may assess the cost thereof against the property. SourceLaws 1879, § 69, V, p. 211; Laws 1881, c. 23, § 8, V, p. 173; Laws 1885, c. 20, § 1, V, p. 163; Laws 1887, c. 12, § 1, V, p. 292; R.S.1913, § 5111; C.S.1922, § 4284; C.S.1929, § 17-433; Laws 1943, c. 31, § 1, p. 141; R.S.1943, § 17-522; Laws 1947, c. 34, § 1, p. 144; Laws 2005, LB 161, § 6.AnnotationsLaw requires the village or city officer to use only reasonable diligence to keep the walks in a reasonably safe condition for the use by persons passing over them. Hupfer v. City of North Platte, 134 Neb. 585, 279 N.W. 168 (1938); Gates v. City of North Platte, 126 Neb. 785, 254 N.W. 418 (1934); Strubble v. Village of DeWitt, 81 Neb. 504, 116 N.W. 154 (1908).The repair of sidewalks is at the cost of the owner. Gibson v. Troupe, 96 Neb. 770, 148 N.W. 944 (1914).