Section
Miscellaneous Provisions
12-1-1 Definitions
12-1-2 Nuisance; defined
12-1-3 Nuisances; illustrative enumeration
12-1-4 Repealed
12-1-5 Repealed
12-1-6 Repealed
12-1-7 Repealed
12-1-8 Right of entry
Abatement Procedures
12-1-9 Notice to remove
12-1-10 Emergency
Special Provisions Relating to Junk
12-1-11 Value determination
12-1-12 Value not exceeding $50
12-1-13 Value exceeding $50; scope of sections
12-1-14 Inquiry; notice
12-1-15 Claim; information
12-1-16 Determination; expenses; payment; release
12-1-17 Sale; notice
12-1-18 Sale; proceeds
12-1-19 Liability
Violations
12-1-20 Violation; penalty
Statutory reference:
Authorizing cities to declare and abate nuisances, see Neb. RS 16-230 and 18-1720
GENERAL PROVISIONS
As used in this chapter, the following terms shall have the following definitions unless the context clearly indicates otherwise.
JUNK. Includes scrap metal, parts for machinery, appliances or vehicles, any machine, or vehicle which is not in operating condition or which has lost its identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, or which has been cast off, discarded, or thrown away or left as waste or wreckage. The term does not include:
(1) Solid waste as defined in Chapter 19 of this code;
(2) Abandoned vehicles as defined in Chapter 22 of this code; and
(3) Refrigerators kept outside of a building, if each door of the refrigerator is secured by a hasp and lock as provided elsewhere in this chapter.
LITTER. Includes, but not be limited to:
(1) Trash, rubbish as defined in Chapter 19 of this code, solid waste as defined in Chapter 19 of this code, refuse, garbage as defined Chapter 19 of this code, paper, plastic, rags, and ashes;
(2) Wood, plaster, cement, brick, sheetrock, or stone building rubble;
(3) Lawn trimmings, dead leaves, and tree and shrubbery trimmings, provided however that these things shall not be considered litter if they are in the process of being composted; and
(4) Offal and dead animals.
WEEDS. Includes, but not be 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 (solanum carolinense), bull thistle (cirsium lanceolatum), buckthorn (rahmnus sp.) (tourn), hemp plant (cannabis sativa), and ragweed (ambrosiaceae), and other worthless vegetation commonly regarded as weeds.
(Ord. 3452, passed - -1995)
For the purpose of this chapter, a nuisance exists when a person fails to perform a duty within the city limits, or permits any condition or thing to exist within the city limits, 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 or tends to obstruct, or renders dangerous for passage any public or private street, alley, highway, sidewalk, stream, ditch, or drainage;
(E) In any way renders other persons insecure in life or the use of property; or
(F) Essentially interferes with the quiet enjoyment of life and property, or tends to depreciate the value of the property of others.
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