[HISTORY: Adopted by the City Council of the City of Seward
as Ch. 6, Art. 3, §§ 6-356 and 6-356.01, of the 1976
Code. Amendments noted where applicable.]
[Amended 6-21-1988 by Ord. No. 14-88; 9-3-1991 by Ord. No. 25-91; 4-5-2005 by Ord. No. 20-05; 11-21-2006 by Ord. No. 26-06; 6-15-2010 by Ord. No. 12-10]
As used in this article, the following terms shall have the
meanings indicated:
Includes, but is not limited to:
Trash, rubbish, refuse, garbage, paper, rags, and ashes;
Wood, plaster, cement, brick, or stone building rubble;
Grass, leaves, and worthless vegetation;
Offal and dead animals; and
Any machine or machines, vehicle or vehicles, or parts of a
machine or vehicle which have lost their identity, character, utility,
or serviceability as such through deterioration, dismantling, or the
ravages of time, are inoperative or unable to perform their intended
functions, or are cast off, discarded, or thrown away or left as waste,
wreckage, or junk.
Includes, but is not limited to, bindweed (Convolvulus arvensis),
puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula),
Canada thistle (Cirsium arvense), perennial pepper grass (Lepidium
draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum
halepense), nodding or musk thistle, quack grass (Agropyron repens),
perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense),
bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn),
hemp plant (Cannabis sativa), and ragweed (Ambrosiaceae). (Neb. RS
16-230, 18-1719)
A.
Lots or pieces of ground within the City shall be drained or filled
so as to prevent stagnant water or any other nuisance accumulating
thereon.
B.
The owner or occupant of any lot or piece of ground within the City
shall keep the lot or piece of ground and the adjoining streets and
alleys free of any growth of 12 inches or more in height of weeds,
grasses, or worthless vegetation.
C.
The throwing, depositing, or accumulation of litter on any lot or
piece of ground within the City is prohibited, except that grass,
leaves, and worthless vegetation may be used as a ground mulch or
in a compost pile.
D.
It is hereby declared to be a nuisance to permit or maintain any
growth of 12 inches or more in height of weeds, grasses, or worthless
vegetation or to litter or cause litter to be deposited or remain
thereon except in proper receptacles.
E.
Any owner or occupant of a lot or piece of ground shall, upon conviction
of violating this section, be guilty of an offense.
A.
Notice to abate and remove such nuisance shall be given to each owner
or owner's duly authorized agent or to the occupant, if any,
by personal service or certified mail. If notice by personal service
or certified mail 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 or ground upon which the nuisance is
to be abated and removed. An administrative fee shall be charged based
on the time expended (minimum fee: one hour) and material(s) for the
notice. Within five days after receipt of such notice or publication
or posting, whichever is applicable, if the owner or occupant of the
lot or piece of ground does not request a hearing with the City or
fails to comply with the order to abate and remove the nuisance, the
City may have such work done. The cost and expenses of any such work
shall be paid by the owner.
B.
If unpaid for two months after such work is done, the City may either:
It is hereby determined to be a public nuisance to permit or
maintain any growth of eight inches or more in height of weeds, grasses,
or worthless vegetation on any lot or piece of ground located within
the corporate limits during any calendar year, if, within the same
calendar year, the City has previously acted to remove weeds, grasses,
or worthless vegetation exceeding 12 inches in height on the same
lot or piece of ground and had to seek recovery of the costs and expenses
of such work from the owner.
Any person who violates the prohibitions or provisions of this
article shall be deemed guilty of a violation. The penalty for such
violation shall be an amount not to exceed $500 for any one offense,
recoverable with costs, and in default of said payment the offender
shall stand committed to the County Jail until such fine and costs
are paid. Each period of 24 hours during or on which a violation occurs
or continues shall be deemed a separate offense.