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(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
(A) Generally. All areas and parts of the premises upon which any dwelling or dwelling units are located and all areas adjacent thereto and a part of the premises shall be maintained and kept in a reasonable and proper manner. This shall include: cutting of grass and seeds; removal of dead trees and brush; removal of abandoned and junked automobiles, automobile bodies, chassis and parts; removal of inoperable machines and appliances; removal of lumber piles and building materials not being used in actual construction; and removal of tin cans, broken glass, broken furniture, boxes, crates and other debris, rubbish, junk and garbage.
(Prior Code, § 4-409)
(B) Action by city. In the event any owner, agent, occupant, tenant or other 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 shall fail to comply with the notice provided for in § 133.06, the city may cause such litter or noxious weeds or grass or worthless vegetation which has reached a height of 12 inches or more to be cut and/or removed and assess the cost thereof upon the lot or ground, in the same manner as other special taxes for improvement are levied and assessed; and, at all times thereafter until new growth of the following year, the city shall have the right, without providing further notice to such owner, agent, occupant, tenant or person in possession, charge or control of such lot or ground, to continue cutting and/or removing from such lot or ground all litter or noxious weeds or grass or worthless vegetation which has reached a height of 12 inches or more.
(Prior Code, § 4-410)
(Ord. 863, passed 9-11-2007)
No person in charge or control of any property within the municipality, other than municipal property, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, inoperable, wrecked, junked or discarded vehicle to remain on such property longer than 30 days. No unlicensed vehicle shall be permitted to remain on any private or public property for any length of time; provided, that this section shall not apply to a vehicle in an enclosed building; to a vehicle on the premises of a business enterprise, operated in a lawful place and manner, when such vehicle is necessary to the lawful operation of the business; to a vehicle which has been purchased and the 30-day licensing period, as provided by state law, has not yet expired; or to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the municipality. Any vehicle allowed to remain on property in violation of this section shall constitute a nuisance and shall be abated, and any person violating this section shall be guilty of an offense.
(Prior Code, § 4-411) (Ord. 863, passed 9-11-2007; Ord. 910, passed 4-8-2014) Penalty, see § 91.99
It shall be unlawful for any person, firm or corporation to permit the emission of smoke from any source that is injurious or offensive to the residents of the municipality in the judgment of the City Council or Mayor. Air shall be considered to be polluted when the discharge into the open of dust, fumes, gases, mist, odors, smoke or any combination thereof is of such character and in a quantity which to any group of persons interferes with their health, repose or safety, or causes severe annoyance or discomfort or is offensive and objectionable to normal persons and causes injury to real and personal property of any kind. The standards for air pollution established or adopted by the state shall be presumptive evidence as to when the air is deemed to be polluted under this section. It is hereby unlawful for any such person, firm or corporation to permit or cause the escape of the aforesaid nuisances and the escape of the dust, fumes, gases, mists, odors and smoke is hereby declared to be a nuisance and shall be summarily abated upon written notice by the City Council or Mayor to the violator. Such abatement may be in addition to the penalty for air pollution in the municipality.
(Prior Code, § 4-412) (Ord. 863, passed 9-11-2007; Ord. 868, passed 11-11-2008) Penalty, see § 91.99
Statutory reference:
Similar provisions, see Neb. RS 18-1720 and 28-1321
(A) It shall be unlawful for any person, firm or corporation to obstruct or impede without legal authority any river or collection of water, or to corrupt and render unwholesome or impure any watercourse, stream or other water.
(B) The standards for water quality established or adopted by the state shall be presumptive evidence as to when the water is deemed to be polluted under this section. Such a corruption of the water in or about the municipality shall constitute a nuisance and shall be summarily abated upon written notice to the violator by the municipality. The abatement may be in addition to the penalty for water pollution.
(Prior Code, § 4-413) (Ord. 863, passed 9-11-2007; Ord. 868, passed 11-11-2008) Penalty, see § 91.99
Statutory reference:
Similar provisions, see Neb. RS 18-1720 and 28-1321
ADMINISTRATION AND ENFORCEMENT
(A) The Mayor and City Council of the municipality are directed to enforce this municipal code against all nuisances.
(B) The jurisdiction of the Mayor, City Council and the court shall extend to, and the territorial application of this chapter shall include, all territory adjacent to the limits of the municipality within one mile thereof and all territory within the corporate limits.
(Prior Code, § 4-401) (Ord. 863, passed 9-11-2007)
Statutory reference:
Similar provisions, see Neb. RS 18-1720
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