§ 130.28 WEEDS, LITTER AND STAGNANT WATER.
   (A)   Lots or pieces of ground within the village 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 village shall keep the lot or piece of ground and the adjoining streets and alleys free of any growth of 12 inches or more in height of weeds, grasses or worthless vegetation.
   (C)   The throwing, depositing or accumulation of litter on any lot or piece of ground within the village is prohibited; except that, grass, leaves and worthless vegetation may be used as ground mulch or in a compost pile.
   (D)   It is hereby declared to be a nuisance to permit or maintain any growth of 12 inches or more in height of weeds, grasses or worthless vegetation or to litter or to cause litter to be deposited or remain thereon, except in proper receptacles.
   (E)   Any owner or occupant of a lot or piece of ground shall, upon conviction of violating this section, be guilty of an offense.
   (F)   (1)   Notice to abate and remove such nuisance shall be given to each owner or owner’s duly authorized agent and to the 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 village or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed.
      (2)   Within five days after receipt of such notice or publication or posting, whichever is applicable, if the owner or occupant of the lot or piece of ground do not request a hearing with the village or fails to comply with the order to abate and remove the nuisance, the village may have such work done.
      (3)   The costs and expenses of any such work shall be paid by the owner.
      (4)   If unpaid for two months after such work is done, the village may either:
         (a)   Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied and assessed; or
         (b)   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.
   (G)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      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, 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.
      WEEDS. Includes, but is not limited to, bindweed (Convelvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial peppergrass (Lepidium draba), Russian knapweed (Centuarea picris), Johnson grass (Sorghum haiepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Soianum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.)(tourn), hemp plant (Cannibis sativa) and ragweed (Ambrosiaceae).
(1995 Code, § 6-322) (Ord. 72, passed 11-12-2008) Penalty, see § 130.99
Statutory reference:
   Related provisions, see Neb. RS 17-563