[Amended by Ord. No. 915, 11-17-1992; amended by Ord. No.
1225, 9-4-2018]
1.
It shall be unlawful for the owner or occupant of any lot or parcel
of land within the corporate limits of the City to permit or maintain
on such lot or parcel of land or in the adjoining streets, alleys
and adjacent sidewalk spaces the throwing, depositing, storage or
accumulation of litter.
2.
It is hereby declared to be a nuisance for an owner or occupant of
any lot or parcel of land within the corporate limits of the City
to permit or maintain on such lot or parcel of land or in the adjoining
streets, alleys and adjacent sidewalk spaces, the throwing, depositing,
storage or accumulation of litter.
3.
(a)
Notice to abate and remove such nuisance shall be given to each owner
or owner's duly authorized agent and to the occupant, if any. Notice
shall be given by first-class mail or personal delivery. Such mail
or notice shall be conspicuously marked as to its importance. In addition
to the first class mail the City, at its sole discretion may post
the door of the property and take a photo to note the date and time.
The notice will be conclusively presumed to have been received by
the owner or occupant two days after the date of mailing same.
(b)
Within five days after receipt of such notice, the owner or occupant
of the lot or piece of ground may request a hearing with the City
to appeal the decision to abate or remove a nuisance by filing a written
appeal with the office of the City Clerk. A hearing on the appeal
shall be held within 14 days after the filing of the appeal and shall
be conducted by a hearing officer selected by the Mayor from the membership
of the Problem Resolution Team. The hearing officer shall render a
decision on the appeal within five business days after the conclusion
of the hearing. If the appeal fails, the City may have such work done.
(c)
Within five days after receipt of such notice, 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.
(d)
The costs and expenses of any such work shall be paid by the owner.
If unpaid for two months after such work is done, the City may either
(a) levy and assess the costs and expenses of the work upon the lot
or piece of ground so benefited as a special assessment or (b) 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.
4.
It is unlawful for a person to operate a motor vehicle on the public
streets and highways of the City in a manner which allows its contents
to be deposited on the street, or for persons occupying such vehicle
to deposit litter on the streets highways or right-of-way.
5.
For purposes of this Article:
(a)
Litter includes, but is not limited to: (i) Trash, rubbish, refuse,
garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick,
or stone building rubble; (iii) grass, leaves, and worthless vegetation;
(iv) offal and dead animals; and (v) 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.
6.
Any owner or occupant of a lot or piece of ground shall, upon conviction
of violating this Article, shall be guilty of a Class V misdemeanor.
Each day the nuisance exists upon such property after receipt of the
notice and the passage of five days shall constitute a separate offense.
(Ref-16-240 RS Neb.)
[Repealed by Ord. No. 1225, 9-14-2018]
