The term "garbage" as used herein shall be defined to mean kitchen
refuse, decayed waste, dead animals, or anything that may decompose
and become offensive to the public health.
The terms "rubbish" or "trash" as used herein shall be defined
as discarded machinery, chips, pieces of wood, sticks, dead trees,
branches, bottles, broken glass, crockery, tin cans, boxes, papers,
rags, or any other litter or debris that is not an immediate hazard
to the health of the residents of the Municipality.
The term "waste" as herein defined shall mean cinders, ashes,
plaster, brick, stone, sawdust, or sand.
It shall be unlawful for any person to keep in, on, or about
any dwelling, building, or premise, or any other place in the Municipality
any garbage, trash, or waste as defined in this Article, unless the
same is kept in suitable containers designed for disposal of garbage
with tight-fitting cover or other suitable containers placed conveniently
near the alley, or other part of premises easily accessible. It shall
be unlawful to throw or sweep into the streets, alleys, parks, or
other public grounds any dirt, paper, nails, pieces of glass, refuse,
waste, or rubbish of any kind. No person may permit garbage, rubbish,
waste, or refuse to collect and all persons shall remove the same
from their property within 24 hours after being notified to do so
by the Municipal Police Chief who shall represent the Board of Health.
All persons shall have the contents of their garbage cans removed
at least once a week or more if so provided below. (Ref. 19-2106 RS
Neb.)
The owner or occupier of premises dedicated to business uses
shall dispose of garbage and trash accumulations on his own premises
at his own expense at least twice each week. (Ref. 19-2106 RS Neb.)
The occupants of a single unit residence or a multiunit residence
up to and including three units, or place where living quarters are
provided, shall pay the City, monthly, a collecting service charge
in an amount as may from time to time be prescribed by the City Council
per month for each unit for the collection of such garbage and refuse,
and the City shall cause the same to be collected in such manner as
in the judgment of the City Council will best serve and promote the
sanitary conditions of the City. (Ref. 19-2106 RS Neb.)
The owner of each multiple unit residence or apartment building
consisting of four or more units, shall provide a suitable metallic
can with tight-fitting cover or other similar airtight container and
place them conveniently near the alley line or other part of the premises
easily accessible, in which each and all residents or occupants of
such multiple dwelling units shall deposit all garbage that may accumulate,
or be found in or around the multiple dwelling unit or units.
1.
The owner of such multiple unit dwelling consisting of four units
or more shall also provide suitable containers to contain all cans,
bottles, ashes or other household refuse, and the same shall be placed
in such containers by the occupants thereof.
2.
The owner of multiple dwellings, consisting of four units or more,
shall pay to the City, monthly and in advance, a collection service
charge for the collection of such garbage and household refuse a sum
of money equal to the number of units times the service charges made
by the City for a single family unit; Provided, however, that the
owner of a multiple dwelling unit consisting of more than four units
may, in lieu of such payment to the City, provide for the removal
of trash and garbage from the multiple units by private contract or
otherwise; Provided, that the owner obtains from the City written
approval to do so and provides a bond to the City in an amount with
good and sufficient surety as the Council may require.
3.
If, at any time or times, the owner's private contract for removal
of garbage, trash or household refuse shall be found inadequate, or
in any way creating an unsanitary condition, as shall be determined
by the Board of Health, the City Council, through its employees, shall
have full authority without notice to hire the removal of any such
accumulation on such premises, and charge the expenses therefor against
the bond provided by the owner or owners of such premises, and, if
the bond is not sufficient, then the owner or owners shall be personally
liable therefor and further shall constitute a lien against the premises
until paid.
(Ref. 19-2106 RS Neb.)
[Amended by Ord. No. 1097, 3-15-2005]
The fees for the collection service of garbage, trash and household
refuse, as set out herein, shall be paid to the City Treasurer, in
advance, on or before the twentieth day of each month. The City Treasurer
shall make statements of such collection charges in conjunction with,
or separate from, other utility bills, and send notice of the amount
thereof to the parties liable therefor, but failure on the part of
the Treasurer to send such notice shall not excuse any person from
the provisions of this Chapter; provided, that in addition to the
remedies provided by law, any such collection service charge which
shall have been charged and is unpaid at the expiration of 60 days
after the bill date specified, shall be a lien upon the property serviced.
Such delinquent service charge shall be levied and assessed against
the premises served in the same manner prescribed by law for the assessment
and levy of special taxes and assessments and shall be collected and
returned in the same manner as other Municipal special taxes and assessments
are certified, assessed, collected and returned, such assessments
shall be certified to the City Treasurer for collection as prescribed
by law and such assessment shall bear interest at the rate of 7% per
year from the effective date of the levy thereof as a special assessment;
provided further, that the City Treasurer, on any delinquent service
charge, instead of making the delinquent service charge assessment
against the real estate, may sue the responsible party or parties
in a court of competent jurisdiction and pursue the same as any judgment.
In the event the City exercises its right to sue the responsible party,
any court costs incurred by the City shall be charged to the customer
and appear as charges upon the next monthly bill. (Ref. 19-2106 RS
Neb.)
All dead animals shall be immediately removed and buried by
the owner of such animals; and if the owner of such animal cannot
be found within two hours after discovering the same, then such animal
shall be removed by and at the expense of the Municipality. Dead animals
shall not be buried within the corporate limits of the Municipality.
(Ref. 16-231, 16-240, 16-246 RS Neb.)
[Ord. No. 827, 8-15-1988]
(a)
When the Mayor declares that the accumulation of garbage or refuse
found on any lot, land, street, road or alleys constitute immediate
nuisance and hazard to public health and safety, the Mayor shall cause
same to be removed within 48 hours.
(b)
The Mayor or City Clerk shall give written notice to the owner or
tenant/occupant of the lot or lands that said garbage or refuse shall
be removed within 48 hours from the service of the notice to remove
said garbage or refuse.
i)
Notice may be by personal service upon owner, tenant, occupant, or
their agent, or by certified mail.
(c)
Shall the owner, tenant, occupant, or their agent fail to remove
the garbage or refuse within 48 hours after having received notice,
the City may cause said refuse to be removed forthwith and the cost
of said removal assessed to the owner of the lot, lands, as hereinafter
set forth.
(d)
The City shall have a public hearing, notice thereof shall be given
to the owner by certified mail of said public hearing, and the council
shall assess the cost of said removal against said lot. If said assessment
is not paid within 15 days from the date of assessment and notice
thereof to the owner of said lot of lands, same shall become a lien
upon said property.
