(A) Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 for each offense, in addition to any and all fees or costs assessed and/or incurred with respect to the original violation(s). A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(B) (1) Penal court enforcement procedure. If a declared nuisance, health and/or sanitation violation is not abated within 15 days after notice is served upon the owner and/or occupant as described in §§ 91.15 through 91.24 and the Village Clerk-Treasurer has not received a request for hearing, the nuisance officer may cause issue of a citation for the code violation.
(a) The citation shall be prosecuted to the appropriate court by the Village Attorney or other designated prosecutor for the village.
(b) A person or persons found guilty of these violations shall be guilty of a misdemeanor and fined up to $500 per each offense.
(c) Each day that the nuisance as identified in the nuisance resolution and notice, is not abated shall be a separate offense and subject to a separate fine.
(2) Civil court procedure. The governing board may instruct by resolution the Village Attorney to file a civil action for the abatement of a nuisance. Said civil suit may commence after 15 days’ notice has been served, as stated in §§ 91.19 and 91.20, and may be filed and prosecuted at the same time any other enforcement procedure has commenced, terminated or in progress.
(Ord. 575, passed 7-24-2013; Ord. 577, passed 8-14-2013; Ord. 647, passed 2-12-2020)
Statutory reference:
Similar provisions, see Neb. RS 28-1321