Loading...
(A) The “Rules and Regulations Relating to Public Health,” State Department of Health are hereby incorporated by reference when the same are applicable to the municipality, in their present form and as they may hereafter be amended.
(B) Three copies of said pamphlet are filed at the office of the Municipal Clerk-Treasurer and shall be available for public inspection at any reasonable time.
(Neb. RS 18-132) (Prior Code, § 4-103)
NUISANCES
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE. Consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Injures or endangers the comfort, repose, health or safety of others;
(2) Offends decency;
(3) Is offensive to the senses;
(4) Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street or highway in the village;
(5) In any way renders other persons insecure in life or the use of property; or
(6) Essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others.
The maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts, omissions, places, conditions and things are hereby declared to be nuisances:
(A) Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter or the whole or any part of any dead animal, fish or fowl;
(B) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous;
(C) Filthy, littered or trash-covered cellars, houseyards, barnyards, stableyards, factory yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings or premises;
(D) Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the municipality;
(E) Liquid household waste, human excreta, garbage, butcher’s trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity; provided, that nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the health officer of the municipality, nor the dumping of non-putrefying waste in a place and manner approved by the health officer;
(F) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles;
(G) Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, tree limbs and branches, old automobiles, trucks and other motor vehicles or parts thereof, automobile, truck or other motor vehicle bodies, chassis or parts thereof or any waste materials when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof;
(H) Any unsightly building, billboard or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which said buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety or are so unsightly as to depreciate the value of property in the vicinity thereof;
(I) All places used or maintained as junk yards or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof;
(J) Stagnant water permitted or maintained an any lot or piece of ground;
(K) Stock yards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter, including grain, is being processed, when said places in which said animals are confined, or said premises on which said vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the municipality, or are maintained and kept in such a manner as to be injurious to the public health;
(L) All other specific acts, omissions, places, conditions and things which constitute a nuisance as generally defined in § 91.15 and not specifically defined in this section; and
(M) All other things specifically designated as nuisances elsewhere in this code.
(Prior Code, § 4-302) (Ord. 142, passed 5-7-2001) Penalty, see § 91.99
Statutory reference:
Authority to prohibit nuisances within zoning jurisdiction, see Neb. RS 18-1720
Powers of Village Board of Trustees, see Neb. RS 17-207
It shall be the duty of every owner, occupant, lessee or mortgagee of real estate in the municipality to keep such real estate free of public nuisances. Notice to abate and remove such nuisance shall be given to each owner or each owner’s duly authorized agent and to the occupant, if any, by personal service or certified mail, with said notice to be signed by the Chairperson of the Board of Trustees of the village. If, within five days after receipt of such notice, the owner or occupant of the lot or piece of ground does not request a hearing with the Board of Trustees, and fails to comply with the order to abate and remove the nuisance, the Board of Trustees may have such work done and completed after which a statement of the cost of such work shall be transmitted to the owner and occupant and the village may thereafter levy the costs as a special assessment against the land. Such special assessment shall be a lien upon the real estate and shall be collected in the manner provided for special assessments. If within said five-day period the owner or occupant requests in writing a hearing before the Board of Trustees, then said hearing shall be held within 30 of said written request, at which time the Board of Trustees shall hear all objections made by interested parties and shall hear evidence submitted. If, after consideration of all of the evidence, the Board of Trustees shall find that said condition is a public nuisance, it shall, by resolution, order and direct the owner, occupant, lessee or mortgagee to remedy and abate said public nuisance within five days. If within five days the owner or occupant of the lot or piece of ground does not remedy and abate said public nuisance, the Board of Trustees may have such work done and completed after which a statement of the cost of such work shall be transmitted to the owner and occupant and the village may thereafter levy the costs as a special assessment against the land, with such special assessment to be a lien upon the real estate to be collected in the manner provided for special assessments.
(Prior Code, § 4-303) (Ord. 67, passed 11-7-1977; Ord. 142, passed 5-7-2001)
Statutory reference:
Authority to prohibit nuisances within zoning jurisdiction, see Neb. RS 18-1720
Powers of Village Board of Trustees, see Neb. RS 17-207
Loading...