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§ 93.16 SPECIFICALLY DEFINED.
   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 and shall be unlawful:
   (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 or which are foul or malodorous;
   (C)   Filthy, littered, or trash-covered cellars, house yards, barn yards, stable yards, 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 city;
   (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, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the Health Officer of the city, nor the dumping of non-putrifying waste in a place and manner approved by the Health Officer;
   (F)   Tin cans, bottles, glass, cans, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash;
   (G)   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;
   (H)   Stagnant water permitted or maintained on any lot or piece of ground;
   (I)   Stock yards, granaries, mills, pig pens, cattle pens, chicken pens, or any other place, building, or enclosure in which animal 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 city, or are maintained and kept in such a manner as to be injurious to the public health; or
   (J)   Any property within the city upon which litter has been thrown, deposited, or accumulated. It shall be the duty of every owner, agent, occupant, or person in possession of any lot or parcel of land within the city to keep the same free from litter. For purposes of this section, litter includes but is not limited to trash, rubbish, refuse, garbage, paper, rags, and ashes; wood, plaster, cement, brick or stone building rubble; scrap metal or scrap rubber; offal and dead animals; and any machine or machines, vehicle or 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, or are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk.
(Prior Code, § 4-302) (Ord. 621, passed 6-7-2006) Penalty, see § 10.99
§ 93.17 ABATEMENT PROCEDURE.
   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 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. If the owner or occupant does request a hearing, the governing body shall cause a hearing date to be filed and notice thereof to be served upon the owner, or owner’s duly authorized agent, or the occupant. Such notice of hearing shall be by personal service or by certified mail and require such party or parties to appear before the governing body, or its designated hearing officer, to show cause why such condition should not be found to be a public nuisance and remedied. A return of service shall be required and such notice shall not be given less than five days prior to the hearing. The governing body shall hear all objections made by interested parties and hear all evidence concerning the condition of the property. If, after consideration of all of the evidence, the governing body shall find that the said condition is a public nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the said public nuisance at once; provided, the party or parties may appeal such decision to the appropriate court for adjudication during which proceedings the decision of the governing body shall be stayed. Should the owner or occupant refuse or neglect to promptly comply with the order of the governing body, the governing body shall proceed to cause the abatement of the described public nuisance. Upon completion of the work by the municipality, the city shall transmit to the governing body which is authorized to 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. In the alternative, the governing body may bill the landowner and recover in a civil action the costs and expenses of such work upon the lot or piece of ground.
(Prior Code, § 4-303) (Ord. 621, passed 6-7-2006)
Statutory reference:
   Generally, see Neb. RS 16-230, 17-101, 18-1720
§ 93.18 JURISDICTION.
   The Mayor and Chief of Police of the city are directed to enforce this code against all nuisances. The jurisdiction of the Mayor, Chief of Police, and court shall extend to, and the territorial application of this subchapter shall include all territory adjacent to the limits of the city within one mile thereof and all territory within the corporate limits.
(Neb. RS 18-1720) (Prior Code, § 4-304)
§ 93.19 ABATEMENT OF NUISANCE
   (A)   The owner or occupant of any real estate within the corporate limits or zoning jurisdiction of the city shall keep such real estate free of nuisances. Except to the extent that conflicting procedures are otherwise provided, the procedures in this section shall apply to abatement of nuisances.
   (B)   Upon determination by the Board of Health or designated official that the owner or occupant of any such real estate has failed to keep the real estate free of nuisances, notice to abate and remove such nuisance and notice of the right to a hearing before the City Council and the manner in which it may be requested shall be given to each owner or owner’s duly authorized agent and to the occupant, if any, by personal service or by 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 city or by conspicuously posting the notice on the real estate upon which the nuisance is to be abated and removed. The notice shall describe the condition as found by the Board of Health or designated official and state that the condition has been declared a nuisance and must be remedied at once.
   (C)   If within five days after receipt of such notice or publication or posting, whichever is applicable, the owner or occupant of the real estate 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.
   (D)   If within five days after receipt of such notice or publication or posting, whichever is applicable, the owner or occupant requests in writing a hearing with the City Council, the Council shall fix a time and place at which a hearing will be held. Notice of the hearing shall be given by personal service or certified mail and require the owner or occupant to appear before the Council to show cause why such condition should not be found to be a nuisance and remedied. The notice shall be given not less than seven nor more than 14 days before the time of the hearing. Upon the date fixed for the hearing and pursuant to the notice, the Council shall hear all objections made by the owner or occupant and shall hear evidence submitted by the Board of Health or designated official. If after consideration of all the evidence, the City Council finds that the condition is a nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the nuisance at once. If the owner or occupant refuses or neglects to promptly comply with the order to abate and remove the nuisance, the Council may have such work done.
   (E)   The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the city may either:
      (1)   Levy and assess the costs and expenses of the work upon the real estate so benefitted as a special assessment in the same manner as other special assessments for improvements are levied and assessed; or
      (2)   Recover in a civil action the costs and expenses of the work upon the real estate and the adjoining streets and alleys.
Cross-reference:
   Authority to obtain injunction against nuisance, see § 10.99
Statutory reference:
   Authority to regulate and abate nuisances, see Neb. RS 18-1720
   Nuisances prohibited, see Neb. RS 28-1321
   Similar provisions, see Neb. RS 17-563
   Zoning jurisdiction, Neb. RS 17-1001