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(A) The Village Board shall appoint a Planning Commission which shall consist of five regular members which shall represent, insofar as is possible, the various professions and occupations in the village. Said Commission shall be appointed by the Board Chairperson, by and with the approval of a majority vote of the members elected to the Village Board. At least one of said members may be a resident of the area over which the village exercises its extraterritorial zoning and subdivision regulations.
(B) Three members of the Commission shall constitute a quorum for the transaction of any business.
(C) All regular members of the Commission shall serve without compensation and shall hold no other municipal office except when appointed to serve on the Board of Adjustment as provided by law.
(D) The term of each regular member shall be three years, except that two regular members of the first Commission to be so appointed shall serve for terms of one year, two for terms of two years, and one for a term of three years. All regular members shall hold office until their successors are appointed.
(E) Any member may, after a public hearing before the Council or before the Village Board, be removed by the Board Chairperson with the consent of a majority vote of the members elected to the Village Board for inefficiency, neglect of duty, or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for an unexpired portion of the term by the Board Chairperson.
(Prior Code, § 2-301) (Ord. 1999-2, passed 6-2-1999)
The Commission shall elect its Chairperson from its members and create and fill such other of its offices as it may determine. The term of the Chairperson shall be for one year, and he or she shall be eligible for reelection. The Commission shall hold at least one regular meeting in each calendar quarter, except the Village Board may require the Commission to meet more frequently, and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transaction, filings, and determinations, which shall be a public record.
(Prior Code, § 2-302) (Ord. 1999-2, passed 6-2-1999)
(A) The Planning Commission shall:
(1) Make and adopt plans for the physical development of the village, including any areas outside its boundaries which in the Commission’s judgment bear relation to the planning of such municipality and including a comprehensive plan as defined by Neb. Rev. Stat. 19-903;
(2) Prepare and adopt such implemental means as a capital improvement program, subdivision regulations, building codes, and a zoning ordinance in cooperation with other interested municipal departments and/or municipalities; and
(3) Consult with and advise public officials and agencies, public utilities, civic organizations, educational institutions, and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs.
(B) The Commission may delegate authority to any such group to conduct studies and make surveys for the Commission, make preliminary reports on its findings, and hold public hearings before submitting its final reports. The Village Board shall not take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning until it has received the recommendation of the Planning Commission.
(C) The Commission may, with the consent of the Village Board, in its own name:
(1) Make and enter into contracts with public or private bodies;
(2) Receive contributions, bequests, gifts, or grant funds from public or private sources;
(3) Expend the funds appropriated to it by the Village Board;
(4) Employ agents and employees; and
(5) Acquire, hold, and dispose of property.
(D) The Commission may on its own authority make arrangements consistent with its program, conduct or sponsor special studies or planning work for any public body or appropriate agency, receive grants, remuneration, or reimbursement for such studies or work, and at its public hearings, summon witnesses, administer oath, and compel the giving of testimony.
(Prior Code, § 2-303) (Ord. 1999-2, passed 6-2-1999)
(A) Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter set forth at full length herein or incorporated by reference, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(B) (1) Unless otherwise provided, any person upon whom a duty is placed by the provisions of this §§ 30.150 to 30.155 who shall fail, neglect, or refuse to perform such duty, or who shall violate any of the provisions of §§ 30.150 to 30.155, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to exceed three months or by a fine in a sum not more than $500, recoverable with costs, or both, except that each person so convicted shall be fined in a sum not less than $35 for the first offense, not less than $50 for a second offense, and not less than $100 for the third offense and each offense thereafter.
(2) Each day that a violation of any section of §§ 30.150 to 30.155 continues shall constitute a separate and distinct offense and shall be punishable as such. The penalties herein provided shall be cumulative with and in addition to any penalty or forfeiture elsewhere in §§ 30.150 to 30.155 provided.
(3) (a) Whenever a nuisance exists as defined in this chapter, the municipality 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, § 2-401) (Ord. 2002-16, passed 10-16-2002; Ord. 2004-18, passed 10-6-2004)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 17-207, 17-505, 18-1720, and 18-1722