(A) It is hereby the duty of the Utilities Superintendent or his or her duly authorized agent to view and inspect the sidewalk space within the corporate limits for growing weeds during the growing season, and if rank and noxious weeds are found growing thereon, he or she shall notify the owner or occupant thereof to cut down such weeds as close to the ground as can be practicably done and keep the weeds cut thereon in like manner during the growing season for weeds, provided that any weeds growing in excess of 12 inches on any sidewalk space shall be considered a violation of this section.
(B) (1) In the event that the owner of the lot or parcel of land abutting said sidewalk space within the municipality is a non-resident of the municipality or cannot be found therein the notice may be given to any person having the care, custody, or control of such lot or parcel of land.
(2) In the event that there can be found no one within the municipality to whom notice can be given, it shall be the duty of the Utilities Superintendent or his or her agent to post a copy of the notice on the premise and then to cut or cause the weeds thereon to be cut as therein provided and report the cost thereof in writing to the City Council. The cost shall then be audited and paid by the municipality and the amount thereof shall be assessed against the lot or parcel of land as a special tax thereon and shall be collected as are other taxes of the municipality or may be recovered by civil suit brought by the municipality against the owner of the parcel of land.
(3) In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-563