Loading...
§ 91.21 UNLICENSED OR INOPERABLE VEHICLES.
   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
§ 91.22 AIR POLLUTION PROHIBITED.
   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
§ 91.23 WATER POLLUTION PROHIBITED.
   (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
§ 91.35 JURISDICTION.
   (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
§ 91.36 RIGHT OF ENTRY.
   (A)   For the purpose of administering and enforcing the provisions of this chapter, the director of each of the city’s departments of public works, any officer or agent duly designated by the Mayor and/or any other officer, employee or agent of the city under his or her supervision and/or health officer of the City/County Health Department shall have the right to enter any premises located within the boundaries of the city or within one mile thereof at any reasonable time.
   (B)   This section shall not be construed in any manner whatsoever to restrict or affect the city’s obligation to comply with all appropriate and necessary procedures required by law, including this code.
(Prior Code, § 4-408) (Ord. 863, passed 9-11-2007)
§ 91.37 ABATEMENT OF NUISANCE.
   (A)   In addition to actions taken by the municipality to enforce this municipal code against all nuisances as previously set forth herein, whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
   (B)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as part of the judgment in the case.
(Prior Code, § 4-414) (Ord. 863, passed 9-11-2007)
§ 91.99 PENALTY.
   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 more than $500 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(Prior Code, § 4-501) (Ord. 808, passed 12-11-2001)