(A) Any person who violates any of the provisions of this code, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $1,000. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this code.
(B) (1) Whenever a nuisance exists as defined in § 94.30, the city may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(2) 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.
(C) Classification of penalties, costs, sentences, and where served.
(1) For the purposes of this code and any subsequent amendments thereto, violations are divided into the following classes which are distinguished from one another by the following penalties which are authorized upon conviction:
(a) Class I violation:
1. Maximum: seven days imprisonment or $1,000 dollar fine, or both; and
2. Minimum: none.
(b) Class II violation:
1. Maximum: $1,000 dollar fine; and
2. Minimum: none.
(2) In all cases, the convicted defendant shall pay the costs of prosecution.
(3) All sentences of imprisonment shall be served in the County Detention Center.
(4) Any violation defined anywhere in this code without specification of its class shall be punished as provided in that portion of this code which defines the violation(s). If no specific penalty is provided, the violation is a Class II violation.
(Prior Code, § 10.99) (Ord. 1786, passed 12-13-2004; Ord. 1901, passed 9-28-2009; Ord. 2069, passed 11-26-2018)
Statutory reference:
Authority to abate nuisances, see Neb. RS 18-1720 and 18-1722
Authority to impose fines and penalties, see Neb. RS 16-246