660.01 FILTHY ACCUMULATIONS; NOXIOUS ODORS.

   (a)   As used in this section, "litter" shall include, but not be limited to:

      (1)   Building rubbish, as defined in Section 1060.01(a), garbage, as defined in Section 1060.01(e), refuse, as defined in Section 1060.01(j), and solid waste, as defined in Section 1060.01(m);

      (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.

   (b)   The throwing, depositing or accumulating of litter on any street, alley or public place in the City, or on any lot or tract of land within the City, is prohibited and is a nuisance.

   (c)   Any condition that gives off offensive odors that interfere substantially and to an unreasonable degree with the reasonable enjoyment of other property by the owners or occupants thereof, is prohibited and is deemed a nuisance.

   (d)   In addition to any other remedies the law may provide, the City through the City Prosecutor may bring an action in any court of competent jurisdiction to enjoin or abate any litter or offensive odor nuisance within the zoning jurisdiction of the City.

   (e)   Notice to abate and remove such nuisance shall be given to each owner or each owner’s duly authorized agent and to the occupant, if any, by personal service or certified mail. If the above notice 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 upon which the nuisance is to be abated. If, within five days after receipt of such notice or publication or posting, whichever is applicable, the owner or occupant of the lot or piece of ground does not request a hearing with the Municipality or fails to comply with the order to abate and remove the nuisance, the Municipality may have such work done. 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 (a) levy and assess the costs 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 (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. The equitable remedy provided in this subsection shall be in addition to the penalty provided in Section 606.99.

(Ord. 1225. Passed 8-11-92; Ord. 1537. Passed 4-27-04; Ord. 1655. Passed 5-10-11.)

660.02 STORAGE OF UNLICENSED VEHICLES OR PARTS.

   No person shall store, retain or keep on, or permit to be stored, retained or kept on, any lot or tract of land within the City any machine, vehicle or part of a machine or vehicle (a) which has lost its identity, character, utility or serviceability as such through deterioration, dismantling or the ravages of time, (b) which is inoperative or unable to perform its intended function, (c) which is cast off, discarded, thrown away or left as waste, wreckage or junk, or which has been unlicensed for a period in excess of four months under the laws of the State.

   This section shall not apply to the following:

   (a)   Such motor vehicles, motor vehicle bodies, motor vehicle chassis or parts therefrom that are kept in a completely enclosed building;

   (b)   Premises for which a permit has been granted to a junk dealer;

   (c)   Premises on which a licensed motor vehicle dealer or a farm implement dealer conducts his or her business;

   (d)   A historical vehicle as contemplated by Sections 60-3,130 et seq. of the Revised Statutes of Nebraska, qualifying as a historical vehicle and bearing a historical license plate or plates issued by the proper Nebraska licensing authority located away from public view or screened from public view.

   The storage, retention or keeping of any machine, vehicle or part of machine or vehicle prohibited under this section is deemed to be a nuisance which can be abated and removed under the procedure provided in Section 660.01(e).

(Ord. 1225. Passed 8-11-92; Ord. 1655. Passed 5-10-11; Ord. 1675. Passed 4-24-12.)

660.03 OPEN FIRES GENERALLY.

   (a)   No person shall build or intentionally cause to be built or set out any fire in the open air within the City limits. Exceptions for extreme circumstances will be considered by Council and must be approved by the Fire Chief or his designated representative.

   (b)   The construction and operation of incinerators shall comply with the Building and Housing Code and the Fire Prevention Code of the City.

(Ord. 1191. Passed 2-12-91.)

660.04 HOMEMADE STOVES.

   No person shall possess or allow to be operated a homemade oil-burning stove or device that burns crank case drainage or crude oil within the corporate limits of the City.

(1958 Code 912.10)

660.05 OPERATION OF GASOLINE PUMPS.

   All pumps and other mechanical measuring devices used for retailing or dispensing gasoline shall be securely locked so that no liquid can be drawn therefrom except when the operation of the pumps or other devices is under the supervision and in charge of an authorized attendant.

(1958 Code § 17.14)

660.06 EXCAVATIONS.

   (a)   No person shall cause to be made upon any land in the City any hole, pit or excavation, except for the purpose of building or other lawful construction where such hole, pit or excavation is made. No person shall permit or allow to remain open and exposed any pit, hole or excavation, except when such is made in connection with building or other lawful construction. No person shall leave exposed, unprotected or unguarded by adequate barriers any pit, hole or excavation, whether the same is made in the course of construction or not.

   (b)   Any and all lots or tracts of land within the City shall be drained or filled so as to prevent stagnant water or any other nuisance from accumulating thereon. Any such lot or tract of land upon which stagnant water accumulates is hereby declared to be nuisance.

   (c)   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, within five days after receipt of such notice, the owner or occupant of the lot or piece of ground does not request a hearing with the Municipality or fails to comply with the order to abate and remove the nuisance, the Municipality may have such work done and may levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed. The equitable remedy provided in this subsection shall be in addition to the penalty provided in Section 606.99.

(Ord. 1225. Passed 3-11-92.)

660.07 BARBED WIRE FENCES.

   No person shall erect, construct or maintain within the corporate limits of the City an outside barbed wire fence unless the bottom strand of the barbed wire is at least six feet above grade.