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§ 91.04 STATE RULES.
   (A)   The Rules and Regulations Relating to Public Health, from the State Department of Health, are hereby incorporated by reference when the same are applicable to the municipality, in their present form and as they may hereafter be amended.
   (B)   One copy of each of the pamphlets is filed at the office of the Municipal Clerk and shall be available for public inspection at any reasonable time.
(Prior Code, § 4-103)
Statutory reference:
   Similar provisions, see Neb. RS 18-132 and 19-902
NUISANCES
§ 91.15 DEFINITION.
   (A)   General definition. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      NUISANCE. Consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, 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, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street or highway in the municipality;
         (e)   In any way renders other persons insecure in life or the use of property; or
         (f)   Essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others.
(Prior Code, § 4-301)
   (B)   Specific definition. 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:
      (1)   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;
      (2)   Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous;
      (3)   Filthy, littered or trash-covered cellars, house-yards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings or premises;
      (4)   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 municipality;
      (5)   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 municipality, nor the dumping of non-putrefying waste in a place and manner approved by the health officer;
      (6)   Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles;
      (7)   Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or any other waste materials when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof;
      (8)   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, which said buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety or are so unsightly as to depreciate the value of property in the vicinity thereof;
      (9)   All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling of machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof;
      (10)   Stagnant water permitted or maintained on any lot or piece of ground;
      (11)   Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals 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 municipality, or are maintained and kept in such a manner as to be injurious to the public health; and/or
      (12)   All other things specifically designated as nuisances elsewhere in this code.
(Prior Code, § 4-302)
(Ord. 518, passed 7-7-1987; Ord. 863, passed 9-11-2007)
Statutory reference:
   Similar provisions, see Neb. RS 18-1720
§ 91.16 ABATEMENT PROCEDURE.
   (A)   It shall be the duty of every owner, occupant, lessee or mortgagee of real estate in the municipality to keep such real estate free of public nuisances. Upon determination by the governing body of the municipality that said owner, occupant, lessee or mortgagee has failed to keep such real estate free of public nuisances, notice to abate and remove such nuisance, and notice of the right to a hearing before the governing body and the manner in which it may be requested shall be given to said owner or occupant, or said owner’s or occupant’s duly authorized agent, by personal service or certified mail. Such notice shall describe the condition as found by the governing body and state that said condition has been declared a public nuisance, and that the condition must be remedied at once. Within ten days after the receipt of such notice, if the owner or occupant of real estate does not request a hearing or fails to comply with the order to abate and remove the nuisance, the municipality shall have such work done and may levy and assess the costs and expenses of the work upon the real estate so benefited in the same manner as other special taxes for improvements are levied and assessed.
   (B)   If said owner or occupant requests in writing a hearing with the governing body, the governing body 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 governing body to show cause why such condition should not be found to be a public nuisance and remedied. Such 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 governing body shall hear all objections made by the owner or occupant and shall review all evidence before the governing body. If, after consideration of all the evidence, the governing body shall find that the condition is a public nuisance, it shall by resolution order and direct the owner or occupant to remedy the public nuisance at once. 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 and may levy and assess the costs and expenses of the work upon the real estate so benefited in the same manner as other special taxes for improvements are levied and assessed.
(Prior Code, § 4-303) (Ord. 557, passed 5-2-1989; Ord. 863, passed 9-11-2007; Ord. 868, passed 11-11-2008; Ord. 939, passed 7-10-2018)
Statutory reference:
   Similar provisions, see Neb. RS 18-1720
§ 91.17 ADJOINING LAND OWNERS; INTERVENTION BEFORE TRIAL.
   In cases of appeal from an action of the governing body condemning real property as a nuisance or as dangerous under the police powers of the municipality, the owners of the adjoining property may intervene in the action at any time before trial.
(Prior Code, § 4-304) (Ord. 863, passed 9-11-2007)
Statutory reference:
   Similar provisions, see Neb. RS 19-710
§ 91.18 DEAD OR DISEASED TREES.
   (A)   It is hereby declared a nuisance for a property owner to permit, allow or maintain any dead or diseased trees within the right-of-way of streets within the corporate limits of the municipality.
   (B)   It is hereby declared a nuisance for a property owner to permit, allow or maintain any dead or diseased trees on private property within the corporate limits of the municipality. For the purpose of carrying out the provisions of this section, the municipality shall have the authority to enter upon private property to inspect the trees thereon.
   (C)   Notice to abate and remove such nuisance and notice of the right to a hearing 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 certified mail. Within 30 days after the receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing 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 all or any portion of 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 or assessed.
(Prior Code, § 4-305) (Ord. 703, passed 9-5-1995; Ord. 863, passed 9-11-2007)
Statutory reference:
   Similar provisions, see Neb. RS 17-555, 18-1720 and 28-1321
§ 91.19 WEEDS; LITTER; WORTHLESS VEGETATION.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      LITTER. Trash, rubbish, refuse, garbage, paper, rags and ashes; wood, plaster, cement brick or stone building rubble; grass, leaves and worthless vegetation; abandoned and junked automobiles, automobile bodies, chassis and parts and offal and dead animals.
      NOXIOUS WEEDS. Bindweed, puncture vine, leafy spurge, Canada thistle, perennial pepper grass, Russian knapweed, Johnson grass, nodding or musk thistle, quack grass, perennial sow thistle, horse nettle, bun thistle, buckthorn, hemp plant and ragweed. NOXIOUS WEEDS also shall mean and include any weed designated and listed in regulations promulgated by the State Director of Agriculture.
(Prior Code, § 4-402)
   (B)   Declaration of nuisance. All litter and noxious weeds and any grass or worthless vegetation 12 inches or more in height are hereby declared to be a nuisance.
(Prior Code, § 4-403)
   (C)   Litter and worthless vegetation.
      (1)   It shall be unlawful for any owner, agent, occupant, tenant or person in possession, charge or control of any lot or ground, or any part of any lot or ground located within the city’s boundaries to fail or refuse to keep such lot or ground free of litter or noxious weeds or grass or worthless vegetation which has reached a height of 12 inches or more, to prevent litter from being carried or deposited by the elements beyond such lot or ground or to allow litter to remain on such lot or ground, other than in proper receptacles provided therefor.
      (2)   It shall be unlawful for any owner, agent, occupant, tenant or person in possession, charge or control of any lot or ground, or any part of any lot or ground located within the city’s boundaries to permit, allow or maintain thereon any growth of noxious weeds or grass or worthless vegetation which has reached a height of 12 inches or more.
(Prior Code, § 4-404)
   (D)   Litter and worthless vegetation, duty of owner.
      (1)   It shall be the duty of any owner, agent, occupant, tenant or person in possession, charge or control of any lot or ground, or any part of any lot or ground, or any part of any lot or ground located within the city’s boundaries to remove and clear all litter from such lot or ground, together with that area between the property line and the curbed, paved or traveled roadway line.
      (2)   It shall be the duty of any owner, agent, occupant, tenant or person in possession, charge or control of any lot or ground, or any part of any lot or ground located within the city’s boundaries to cut or clear from such lot or ground, together with that area between the property line and the curbed, paved or traveled roadway line, noxious weeds and grass or worthless vegetation which has reached a height of 12 inches or more. Such noxious weeds and/or grass or worthless vegetation which has reached a height of 12 inches or more shall be cut as close to ground level as reasonably possible and shall be maintained so that at any time the same does not exceed 12 inches or more above the ground. The cuttings shall be raked and removed from such lot or ground.
(Prior Code, § 4-405)
   (E)   Dropping or depositing of litter or worthless vegetation. It shall be unlawful for any person, while transporting or hauling, or causing to be transported or hauled, litter or noxious weeds or grass or worthless vegetation which has reached a height of 12 inches or more, to throw, drop or deposit or cause or allow to be thrown, dropped or deposited on any lot or ground located within the city’s boundaries, any such litter or noxious weeds or grass or worthless vegetation which has reached a height of 12 inches or more.
(Prior Code, § 4-406)
   (F)   Worthless vegetation, cost of reimbursement for violation. In the event that any owner, agent, occupant, tenant or person in possession, charge or control of any lot or ground, or any part of any lot or ground located within the city’s boundaries fails to cut noxious weeds or grass or worthless vegetation which has reached a height of 12 inches or more or fails to remove litter or noxious weeds or grass or worthless vegetation which has reached a height of 12 inches or more, or causes litter or noxious weeds or grass or worthless vegetation which has reached a height of 12 inches or more and who has received notice to abate and remove such nuisance from the city, has not done so during the period stated and has not requested a hearing, the city may have such work done and may levy and assess the cost and expenses of the work done upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed.
(Prior Code, § 4-407)
(Ord. 863, passed 9-11-2007) Penalty, see § 91.99
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