(A) Ordinance declared to be minimum requirement. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.
(Prior Code, § 11-1101)
(B) Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. The complaint stating fully the causes and basis thereof shall be filed with the administrative official. He or she shall record properly the complaint, immediately investigate and take action thereon as provided by this chapter.
(Prior Code, § 11-1102)
(C) Penalties.
(1) Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances of special exceptions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 for any one offense. Each day the violation continues after notice of violation is given to the offender may be considered a separate offense.
(2) The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains the violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(3) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or other regulations, the city may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate the violation, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.
(Prior Code, § 11-1103)
(D) Violations; penalty.
(1) Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.
(2) (a) Whenever a nuisance exists as defined in this chapter, the city may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.
(b) Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Prior Code, § 11-1301)
(E) Penalties for violation of § 152.039.
(1) Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(2) Nothing herein contained shall prevent the city or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 6-00, passed 7-10-2000; Ord. 8-09, passed - -2009)
Statutory reference:
Related provisions, see Neb. RS 17-505, 18-1720, 18-1722