[Adopted 12-4-1990 as
Ch. 4, Art. I, of the 1990 Code]
For the purpose of promoting and preserving
the health of the city and the inhabitants thereof, the Board of Health
shall enforce such rules and regulations relative thereto as may from
time to time be enacted or adopted. The Board of Health shall recommend
that the Council enact, from time to time, such additional ordinances,
not included herein, as shall embody all future rules, regulations
and orders, together with suggested fines and punishment for violation
thereof. The Board of Health shall have general supervision over the
health of the city and is hereby authorized to establish quarantine
limits within the city.
The Board of Health shall designate health nuisances
and recommend to the Council that it authorize and institute proper
proceedings for the abatement of the same. Such recommendation of
the Board of Health for additional ordinances and for proceedings
to abate existing health nuisances shall include all matters of health
and sanitation of the city, including the removal of dead animals,
the sanitary conditions of the streets, alleys, vacant grounds, stockyards,
cattle and hog pens, wells, cisterns, privies, water closets, cesspools
and stables and all places not specified where filth, nuisances and
offensive matter is kept or is liable to or does accumulate. The Board
of Health shall, when authorized by ordinance, take appropriate action
to regulate, suppress or prevent the occurrence of nuisances and to
enforce all laws of the State of Nebraska and all ordinances of the
city, relating to the same or to matters of health and sanitation
in the city.[1]
[Amended 5-5-1998 by Ord. No. 1264]
Any person who violates any of the prohibitions
or provisions of any section of this article shall be deemed guilty
of a misdemeanor. Unless otherwise specified in the particular section
for which the person stands convicted of violating, the penalty for
such violation shall be fined in any sum not exceeding $500 or imprisoned
six months, or both said fine and imprisonment at the discretion of
the sentencing court.
A.
Whenever a nuisance exists as defined in this article,
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 a part of the judgment in the case.
[1]
Editor's Note: See also Ch. 137, Nuisances,
for more specific nuisance abatement procedures.
Each day, or part thereof, in which a violation
under this article continues shall be a separate offense.
