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WEEDS, GRASSES AND WORTHLESS VEGETATION
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
WEEDS. Includes, but not limited to the following: Canada thistle (Cirsium arvense), leafy spurge (Euphorbia esula), nodding or musk thistle (Carduus nutans), plumeless thistle (Carduus acanthoides), spotted knapweed (Centaurea maculosa), diffuse knapweed (Centaurea diffusa), bindweed (Convolvulus arvensis), hoary cress (Cardaria draba), Russian knapweed (Centaurea repens), Johnson grass (Sorghum halepense), Scotch thistle (Onopordum acanthium), morning glory (Ipomoea purpurea) when found in field crop seeds, skeletonleaf bursage (Ambrosia discolor), woolyleaf bursage (Ambrosia tomentosa), serrated tussock (Nassella trichotoma), puncturevine (Tribulus terrestris), perennial peppergrass (Lepidium draba), quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) thorn, hemp plant (Cannabis sativa) and ragweed (Ambrosia).
(Prior Code, § 92.40) (Ord. 91-39, passed 8-5-1991; Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) It shall be unlawful for any owner, agent, lessee, tenant or other person occupying or having charge or control of any premises to permit weeds, grasses and/or worthless vegetation to remain upon the premises and upon any area between the property lines of the premises and the center line of any adjacent street, alley, sidewalk, easement, right-of-way and all other areas, public or private.
(B) All weeds, grasses and worthless vegetation are subject to abatement and the owner or occupant of any lot or piece of ground subject to the city’s jurisdiction is hereby required to keep the lots and pieces of ground and the adjoining streets and alleys free of any:
(1) Weeds (including but not limited to noxious weeds), indigenous grasses and/or worthless vegetation on or about residential property which, because of their height, have a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height;
(2) Weeds (including but not limited to noxious weeds), indigenous grasses and/or worthless vegetation which may attain such large growth as to become, when dry, a fire menace to adjacent improved property; or
(3) Weeds (including but not limited to noxious weeds), indigenous grasses and/or worthless vegetation which are located in an area which harbors rats, insects, animals, reptiles or any other creature which either may or does constitute a menace to health, public safety or welfare.
(Prior Code, § 92.41) (Ord. 90-2, passed 5-7-1990; Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) (1) The Chief of Police or his or her designated representative, shall be charged with the administration and enforcement of this subchapter. The Chief of Police, or his or her designated representative, shall notify, in writing, the owner, occupant or agent in charge of any premises in the city upon which weeds exist in violation of this subchapter, by certified, return receipt requested mail or by personal service, once per calendar year.
(2) Whenever there is personal service of the notice, a copy of the notice shall also be mailed by certified, return receipt requested mail to the owner. If notice by personal service or certified mail is unsuccessful, notice shall be given by either publication in a newspaper of general circulation in the city or by posting the notice on the lot or ground upon which the nuisance is to be abated and removed.
(B) The notice shall include the following:
(1) The owner, occupant or agent in charge of the property is in violation of this subchapter;
(2) The owner, occupant or agent in charge of the property is ordered to cut the weeds within ten days from mailing or personal service of notice;
(3) The owner, occupant or agent in charge of the property may in writing file a request with the office of the City Clerk for a hearing before the City Administrator within five days after receipt of the notice. If a hearing is properly requested, then:
(a) The hearing on the appeal shall be held within 14 days after the filing of the appeal; and
(b) Within five business days after conclusion of the hearing, the City Administrator shall render his or her decision.
(4) If within five days after receipt of the notice the owner, occupant or agent in charge of the property does not request a hearing or does not cut the weeds, the city or its authorized agent will cut the weeds and assess the cost of the cutting, including a reasonable administrative fee, against the owner, occupant or agent, in charge of the property. Charges for weed cutting when done by the city are set by resolution;
(5) The owner, occupant or agent in charge of the property will be given an opportunity to pay the charges as described above and, if not paid, the charges will be added to the property tax as a special assessment or shall be filed with the Register of Deeds office as a lien against the property;
(6) Only one notice of violation needs to be given as described above during the calendar year; and
(7) The Chief Building and Code Inspector or his or her designated representative(s) should be contacted if there are any questions regarding the order.
(C) Service on nonresidents or absentee owners shall be made by posting a copy of the notice of abatement letter on the property involved.
(D) Absentee landowners, to include firms, corporations or businesses, are required to designate to the Chief Building and Code Inspector, or his or her designated representative(s), a curator to facilitate enforcement of nuisance violations.
(Prior Code, § 92.42) (Ord. 90-2, passed 5-7-1990; Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) Upon expiration of the time frames required by § 92.47 of this code, and in the event that the owner, occupant or agent in charge of the premises shall neglect or fail to comply with requirements of this subchapter, Chief Building and Code Inspector, or his or her designated representative(s), shall cause to be cut, destroyed and/or removed, all such weeds and abate the nuisance created thereby at any time during the current calendar year.
(B) The Chief Building and Code Inspector, or his or her designated representative(s), shall give notice to the owner, occupant or agent in charge of the premises by certified, return receipt requested mail or personal service of the cost of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within two months upon completion of the work done or 30 days after receipt of the notice, whichever is longer.
(C) (1) If the costs of removal or abatement remain unpaid after within the timeframe set forth in division (B) above, then a record of the costs of cutting and destruction and/or removal shall be certified to the city.
(2) Any and all costs incurred by the city in the abatement of a weed violation under the provisions of this section shall be assessed against each lot or piece of ground chargeable therewith, as a special assessment or lien as provided by law.
(Prior Code, § 92.43) (Ord. 94-24, passed 4-18-1994; Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
Any owner or occupant of an empty lot within the city limits wishing to grow vegetables or planted alfalfa or any owner or occupant of any empty lot being leased out for the purpose of growing vegetables or planted alfalfa must keep all weeds from the lot in accordance with this subchapter. The growth of agricultural products upon the empty lots does not exempt the owner/occupant from removal of the noxious weeds listed within § 92.45 of this code. Empty lots within the city limits may not be used for the growing of hay.
(Prior Code, § 92.44) (Ord. 91-39, passed 8-5-1991; Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) In accordance with state statutes, as amended, the Chief Building and Code Inspector or his or her designated representatives, employees, contracting agents or other representatives are hereby authorized to cut, destroy and/or remove such weeds in a manner not inconsistent with this subchapter. If a locked fence gate prevents access, an administrative search warrant shall be obtained from the county court.
(Prior Code, § 92.45)
(B) Nothing in this subchapter shall affect or impair the rights of the city under the provisions of the state’s Seed Law (as found in Neb. Rev. Stat. §§ 81-2,147 et seq., and may be amended), relative to the control and eradication of certain noxious weeds.
(Prior Code, § 92.46)
(Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) Whoever violates any provision of this chapter for which no specific penalty is provided shall be punished as set forth in § 10.99.
(B) Any person maintaining a nuisance or permitting it to exist upon property owned or controlled by that person and failing or refusing to abate it within 24 hours after being notified to do so by the Chief Building and Code Inspector, or his or her designated representative, shall be deemed guilty of a misdemeanor. Each 24-hour period thereafter during which the nuisance remains unabated shall be deemed an additional offense.
(Prior Code, § 92.25)
(C) Violation of § 92.05 of this code shall be a misdemeanor.
(Prior Code, § 92.05)
(D) Any person violating the provisions of § 92.08 of this code may receive an administrative penalty not to exceed $50 per day for each day the nuisance condition exists, not to exceed a total of ten calendar days.
(Prior Code, § 92.08)
(E) There shall be an administrative penalty assessed for each day a nuisance condition continues to exist pursuant to §§ 92.01 through 92.12 and 92.25 through 92.49 after expiration of the ten calendar days allowed for abatement of the nuisance. The administrative penalty shall be in the amount of $50 per day and shall in no event exceed ten days. The calendar days shall be calculated based upon the date of the violation notice.
(Prior Code, § 92.99)
(F) Any person slaughtering any animal within the corporate limits in violation of the terms of § 92.27 of this code shall be deemed guilty of a misdemeanor, and the slaughtering of each animal within the corporate limits in violation of the terms of § 92.27 of this code, shall be deemed guilty of a misdemeanor. The slaughtering of each animal shall be and constitute a separate offense.
(Prior Code, § 92.27)
(G) Any person violating the terms of § 92.30 of this code may be subject and liable to any harm caused by any individual using the public ways and slipping and falling on the ice, snow or hard-packed snow.
(Prior Code, § 92.30)
(Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)