City of Seward, NE Chapter 394 Weeds and Vegetation

[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.]

GENERAL REFERENCES

Building construction — See Ch. 225.

Nuisances — See Ch. 284.

Solid waste — See Ch. 335.

Trees — See Ch. 364.

Article I Property Maintenance

[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]

§ 394-1.1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

LITTER

Includes, but is not limited to:

A. Trash, rubbish, refuse, garbage, paper, rags, and ashes;

B. Wood, plaster, cement, brick, or stone building rubble;

C. Grass, leaves, and worthless vegetation;

D. Offal and dead animals; and

E. 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.

WEEDS

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)

§ 394-1.2 Required maintenance.

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.

§ 394-1.3 Abatement of nuisances. [1]

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:

(1) Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted as a special assessment; or

(2) Recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 394-1.4 Repeat violations.

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.

§ 394-1.5 Violations and penalties. [1]

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.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).