§ 99.59  WEEDS, LITTER, STAGNANT WATER.
   (A)   Lots or pieces of ground within the city shall be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon.
   (B)   The owner or occupant of any lot or piece of ground within the city shall keep the lot or piece of ground and one-half of the adjoining street and alleys free of any growth of 12 inches or more in height of all grasses.
   (C)   The owner, lessor, or occupant of any lot or piece of ground within the city shall keep the lot or piece of ground and one-half of the adjoining street and alleys free of any growth of nine inches or more in height of all weeds or other worthless vegetation.
   (D)   The growing, depositing or accumulation of litter on any lot or piece of ground within the city is prohibited; provided that grass, leaves and worthless vegetation may be used as ground mulch or in a compost pile. All loose weeds or worthless vegetation subsequent to being cut shall be removed and discarded.
   (E)   It is hereby declared to be a nuisance to permit or maintain any growth of nine inches or more in height of weeds or worthless vegetation; or to permit or maintain any growth of 12 inches or more in height of grasses; or to litter or cause litter to be deposited or remain thereon, except in proper receptacles.
   (F)   Any owner, lessor, or occupant of a lot or piece of ground shall, upon conviction of violating this section, be guilty of an offense.
   (G)   Notice to abate and remove the nuisance shall be given to each owner or owner's duly authorized agent, or to the lessor, or occupant, if any, by personal service or certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. Within five days after receipt of the notice or publication or posting, which ever is applicable, if the owner, lessor, or occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have the work done. The costs and expenses of any work shall be paid by the owner. If unpaid for two months after the work is done, the city may either:
      (1)   Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assess; or
      (2)   Recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.
   (H)    For purposes of this section;
      (1)   LITTER includes,  but is not limited to:
         (a)   Trash, rubbish, refuse, garbage, paper, rags and ashes;
         (b)   Wood, plaster, cement, brick or stone building rubble;
         (c)   Grass, leaves and worthless vegetation;
         (d)   Offal and dead animals; and
         (e)   Any machine or machines, vehicle or vehicles or parts of a machine or vehicle which have lost their identity, character, utility or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded or thrown away or left as waste, wreckage or junk; and
      (2)   WEEDS includes, but is not limited to bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial  peppergrass (Lepidium draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinese), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus  sp.) (tourri), hemp plant (Cannabis sativa) and ragweed (Ambrosiaceae).
(Prior Code, § 4-406)  (Ord. 9-04, passed 6-14-2004; Ord. 27-11, passed 7-25-2011)   Penalty, see § 10.99
Cross-reference:
   Weeds, see § 92.06
Statutory reference:
   Related provisions, see Neb. RS 17-563, 18-1720