(A) Weeds or other nuisances. Whenever the Chief of Police or Code Enforcement Officer appointed by the Mayor determines that:
(1) Weeds. Any weeds or grasses on any lot or piece of ground located within the corporate limits:
(a) Are in excess of 12 inches or more in height; or
(b) Are eight inches or more in height on any lot or piece of ground if, within the same calendar year, the city has previously acted to remove weeds, grasses, or worthless vegetation exceeding eight inches in height on the same lot or piece of ground and had to seek recovery of the costs and expenses of such work from the owner, are growing on property within the city.
(2) Nuisance. Any nuisance other than weeds, grasses or worthless vegetation as defined in § 91.15 found on any property within the extraterritorial jurisdiction or within the city limits.
(B) Citation or notice. The Chief of Police or Code Enforcement Officer appointed by the Mayor shall determine which of the following is appropriate to enforce the abatement of the nuisance(s):
(1) Work with the property owner and/or occupant to abate the nuisance over a period of time not to exceed 60 days.
(2) Cite the property owner and/or occupant for violation of § 91.18.
(3) Notify the City Clerk shall give notice to mow, abate and remove such nuisance as follows:
(a) To each owner or owner's duly authorized agent by certified mail, which shall be conspicuously marked as to its importance; and
(b) To the occupant, if any, by personal service by the County Sheriff or a Deputy.
(C) Appeal.
(1) Citations shall not be appealed.
(2) Notices from the City Clerk may be appealed within five days after receipt of notice. To do so, the owner or occupant of the lot or piece of ground may:
(a) Request a hearing with the city to appeal the order to mow, abate or remove the nuisance by filing a written appeal with the office of the City Clerk;
(b) A hearing on the appeal shall be held within 14 days after the filing of the appeal;
(c) The hearing shall be conducted by the Mayor as hearing officer, who shall render a decision on the appeal within five business days after the conclusion of the hearing;
(d) If the appeal fails, the city may have such work done unless such decision is appealed to the District Court;
(e) The hearing shall be conducted according to the provisions set forth in § 91.36(B) hereafter, except that the hearing shall be conducted by the Mayor instead of the City Council.
(D) Abatement. Within five days after receipt of notice from the City Clerk, if the owner or occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to mow, or abate and remove the nuisance:
(1) The city may have such work done;
(2) The costs and expenses of any such work shall be paid by the owner;
(3) If unpaid for two months after such work is done, the city may either:
(a) Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted as a special assessment in the same manner as other special assessments 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.
(1990 Code, § 4-302) (Ord. 755, passed 6-2-2015; Ord. 781, passed 2-4-2016; Ord. 842, passed 10-8-2019)
Statutory reference:
Related state law provisions, see Neb. RS 18-1720