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The Police Chief or other official designated by the City Council, as the quarantine officer, shall be the Chief Health Officer of the city. It shall be his or her duty to notify the City Council and the Board of Health of health nuisances within the city and its zoning jurisdiction.
Statutory reference:
Quarantine officer, see Neb. RS 17-121
NUISANCES
(A) General definition. 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:
(a) Injures or endangers the comfort, repose, health or safety of others;
(b) Offends decency;
(c) Is offensive to the senses;
(d) Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street or highway in the city;
(e) In any way renders other persons insecure in life or the use of property; or
(f) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Prior Code, § 4-301)
(B) Specific definition. 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:
(1) 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;
(2) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous;
(3) Filthy, littered or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings or premises;
(4) 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;
(5) 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;
(6) 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;
(7) 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, old automobiles or parts thereof, or any other 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;
(8) 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, in a state of disrepair, or are so unsightly as to depreciate the value of property in the vicinity thereof;
(9) 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;
(10) Stagnant water permitted or maintained on any lot or piece of ground;
(11) Stockyards, 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 tank age 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; and
(12) All other things specifically designated as nuisances elsewhere in this code.
(Prior Code, § 4-302)
(Ord. 646, passed 2-4-2003) Penalty, see § 91.99
Statutory reference:
Similar provisions, see Neb. RS 18-1720
(A) 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 nuisance. Upon determination by the Board of Health that a nuisance, as defined in this municipal code shall exist on any lots or other tract of land, or any part thereof, or on any parking, sidewalk, street or alley area, or part thereof, abutting a lot or the tract of land subject to this code, the City Clerk-Treasurer shall give notice to abate or remove such nuisance to each owner or owner’s duly authorized agent and to the occupant, if any, by personal service or certified mail. The notice shall describe in general terms the nature of the work that needs to be done to the property to correct the nuisance. Notice will also provide information concerning deadlines for completing the work and the rights to appeal and request a hearing before the City Council.
(B) Within 30 days after receipt of such notice, if the owner or occupant of the land has failed to comply with the order to abate the nuisance, the Mayor, or his or her designee, may cause the city to remove the nuisance.
(C) If within 30 days of receipt of such notice the owner or occupant makes a written request for hearing before the City Council, further proceedings shall be suspended until a hearing is held before the City Council. The suspension shall not apply to a nuisance and notice that exists with reference to § 91.18. At such hearing, the owner, occupant, lessee or mortgagee of the property may present evidence to rebut the determination that a nuisance exists. After considering all relevant evidence, the City Council may order the nuisance abated or removed within the time specified by the City Council, the Mayor or his or her designee shall cause the city to remove the nuisance. Statement of the costs of such work shall be transmitted to the City Council, and after notice and hearing, the governing body may levy the cost as a special assessment against the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.
(D) The remedy provided in this section shall be cumulative with any other remedy provided in this code or any other county, state or federal statutory regulations.
(Prior Code, § 4-303) (Ord. 584, passed 3-4-1997; Ord. 623, passed 9-7-2000)
The Mayor or Chief of Police of the municipality are directed to enforce the municipal code against all nuisances. If they believe a nuisance may exist, a meeting of the Board of Health shall be convened to examine the property. The Board shall file a written report with the City Clerk-Treasurer who shall give notice pursuant to § 91.16. The jurisdiction of the Mayor, Chief of Police and Municipal Court shall extend to the territorial application of this chapter, all territory within the city’s zoning restriction as otherwise defined by this code and state statute.
(Prior Code, § 4-304) (Ord. 584, passed 3-4-1997)
If the Mayor or his or her designee and the Chief of Police shall determine that a particular nuisance as defined in this code is so unsafe, or is unsafe in any respect such that a delay in removal thereof would result in undue danger or other hazard to persons or property, they may declare in writing that there exists an emergency requiring that this nuisance be removed immediately, in which event the notice described in § 91.16 shall provide for removal immediately, and, if the nuisance is not so removed, the Mayor or his or her designee shall cause the city to remove the nuisance. The cost and expenses of such removal may be assessed as provided in § 91.16. The remedy provided in this section shall be cumulative with any other remedy provided in this code or applicable state or federal statutes and regulations.
(Prior Code, § 4-305) (Ord. 584, passed 3-4-1997)
A nuisance is generally defined in § 91.15. The maintaining, using, placing, leaving or permitting the parking of any mobile home or travel trailer on any property within the zoning jurisdiction of the city and connecting said mobile home or travel trailer to the municipal utilities or municipal sewer system without permit or license to do so is unlawful. The specific acts, omission, places, conditions and things are hereby declared to be a nuisance as hazardous to health and safety of the residents of the city. The owner or occupier of the real estate or person in whose name such vehicle is registered shall be held prima facie responsible for such violation. A new violation shall be deemed to have been committed every 24 hours of such failure to comply, pursuant to § 91.99.
(Prior Code, § 4-306) (Ord. 673, passed 6-7-2005) Penalty, see § 91.99
(A) Any and all lots or pieces of ground within the city 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 city shall keep the lot or piece of ground and the adjoining street and alleys free of any growth of 12 inches or more in height of weeds, grasses or worthless vegetation.
(C) Throwing, depositing or accumulation of litter on any lot or piece of ground within the city is prohibited.
(D) It is hereby declared to be a nuisance to permit, allow or maintain any growth of 12 inches or more in height of weeds, grasses or worthless vegetation or noxious weeds, regardless of height or to litter or to cause litter to be deposited or remain thereon except in proper receptacles. Nothing in this section shall prevent the growing of grass or alfalfa as part of a legitimate agricultural purpose.
(E) Notice to abate 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 of personal service by certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. 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 does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done. The cost and expenses of any such work shall be paid by the owner or the occupant, or both. If unpaid for two months after such work is done, the city may either:
(1) Levy and assess the cost 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
(2) Recover in a civil action the cost and expenses of the work upon the lot or piece of ground and adjoining streets and alleys against the owner, the occupant or both.
(F) 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, vehicle or vehicles, or parts of any machine or vehicle, which have lost their identity, character, utility or serviceability as such through deterioration, dismantling or the ravages of time, are inoperable or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage or junk.
WEEDS. Include but are not limited to: bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canadian thistle (cirsium arvense), perennial peppergrass (lepidium draba), Russian knapweed (centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle, quack grass (agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle (solarium carolinense), bull thistle (cirsium lanceolatum), buckthorn (rahmnus sp.) (tourn), hemp plant (cannabis sativa) and ragweed (ambrosiaceae), and other worthless vegetation commonly regarded as weeds.
(Prior Code, § 6-309) (Ord. 528, passed 10-8-1991; Ord. 693, passed 11-7-2006) Penalty, see § 91.99
Statutory reference:
Similar provisions, see Neb. RS 17-563 and 18-1719
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