Weed, Litter and Nuisance Notice
\ CITY OF HOLDREGE
\ Weed, Litter and Nuisance Notice
§6-301 Holdrege Municipal Code §6-304
Article 3. Litter
§ 6-301 DEFINITIONS.
For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
LITTER. Any: trash, rubbish, garbage, debris; paper; rags; ashes; grain, cobs; wood, plaster, cement, brick or stone building rubble; discarded furniture; grass, leaves, twigs, trees, yard waste, worthless vegetation; dead animals, offal and any vehicle or parts thereof 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; are cast off, discarded or thrown away or left as waste, wreckage or junk. LITTER shall also mean any motor vehicle, trailer or camper trailer without current license plates and registration for a period of time in excess of 30 days, as well as any dismantled, partially dismantled, wrecked, junked or inoperable motor vehicle, trailer or camper trailer.
NOXIOUS WEEDS. Leafy spurge, Canada thistle, Musk thistle and Plumeless thistle. NOXIOUS WEEDS also shall mean and include any weed designated and listed in regulations promulgated by the Director of Agriculture of the state.
(2005 Code, § 6-301) (Ord. 2322, passed 4-20-2010; Ord. 2382, passed 6-7-2016)
§ 6-302 WEED REMOVAL.
(A) It is hereby declared unlawful for any owner, agent, occupant or person in possession, charge of or control of any lot or ground or any part of any lot, to permit, allow or maintain any growth of noxious weeds, grass and other rank growth of vegetation 12 inches or more in height, or to litter or cause or allow litter to be deposited thereon or to allow litter to remain on such property, other than in proper receptacles provided therefor.(B) It shall be the duty of each owner, agent, occupant, or person in possession, charge of or control of any lot or ground, or any part of any lot in the City to cut such lot or ground, together with that area between the property line and the curbed, paving or traveled roadway line, of all woods, grass, and other rank growth or vegetation which has reached a height of 12 inches or more above the ground.
(C) It shall be unlawful for a person who owns or is in control of any property to fail or refuse to keep such property free of litter, to prevent litter from being carried or deposited by the elements beyond such property or to allow litter to remain on such property.
(D) The City shall, during the month of April of each year, publish or cause to be published in one or more legal publications of general circulation a general notice setting forth the requirements of this section.
(E) The City shall notify the owner, agent, occupant, or the person in possession, charge or control of any lot or ground or any part of any lot in the City to cut such weeds or remove such litter. Such notice shall be given by posting notice on the property to abate and remove such nuisance within 48 hours. Failure to abate or remove such nuisance within 48 hours shall result in a citation being issued for failure to comply with this ordinance.
(F) If the nuisance is not abated within 48 hours, notice will also be given by certified mail to each owner or owner’s agent and occupant of the lot of piece of ground. Within five days after receipt of such notice, the owner or occupant of the lot of 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. If within five (5) days after receipt of such notice or return of the certified letter, the owner or occupant of the lot or piece of ground does not request a hearing with the City and fails to comply with the order to abate and remove such nuisance, the City may do or have such work done, including any necessary clearing of any refuse, debris, litter, or other obstructions and removal of grass or weeds. The costs and expenses of any such work shall be paid by the owner. If unpaid for two (2) 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 in the same manner as other special taxes for improvements are levied and assessed, 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.
(G)In the event a property owner, agent, occupant or person in possession, charge or control of any lot or ground or any part of any lot in the City refuses to maintain the property and keep it mowed after an initial cutting by the City during the calendar year, the City shall have the right to continue cutting the weeds and removal of litter or any combination thereof at all times thereafter until new growth the following year without additional notice to the property owner, agent or occupant.
(2005 Code, § 6-302) (Ord. 779, passed 10-18-1977; Ord. 2322, passed 4-20-2010; Ord. 2346, passed 4-3-2012; Ordinance 2431, passed 10-15-2019; Ordinance 2463, passed 05-16-2023)
Statutory reference: Related provisions, see Neb. RS 18-1720
§ 6-303 VEHICLES; TRAILERS AND CAMPER TRAILERS.
(A) It shall be unlawful for any person who owns or is in control of any property to place, cause to be placed or allow to remain on his or her property any vehicle or vehicles, trailers or camper trailers, or parts thereof or any vehicular litter set forth in § 6-301 of this chapter; provided, however, that, this section shall not apply to any vehicle, trailer or camper trailer which is kept in the operation of a business pursuant to any municipal ordinance or is kept within a garage.
(B) Every such person shall be deemed guilty of a separate offense for every day on which such violation shall continue.
(2005 Code, § 6-303) (Ord. 2382, passed 6-7-2016)
§ 6-304 PENALTIES.
(A) In addition to the payment of the actual costs as provided in § 6-302 of this article, any person, firm or corporation who fails to cut weeds, grass and other rank growth of vegetation or remove litter, or both, as required by this article shall pay the following penalties:
(1) For the first violation: a penalty in the sum of $100;
(2) For the second violation: a penalty in the sum of $200; and
(3) For the third violation and each subsequent violation thereafter: a penalty in the sum of $300.
(B) In the event any person, firm or corporation fails to pay the penalty herein provided the city may assess such penalty upon the property in the same manner as other special taxes for improvements are levied and assessed, or the city may sue any such person or persons in any court of competent jurisdiction for the amount of the penalty due and payable under the terms and provisions of this section, and may recover a judgment against such person or persons for the amount so due, together with interest.
(2005 Code, § 6-304)
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§ 4-202 TRASH AND WASTE.
(A) It shall be unlawful for any person to keep in, on or about any dwelling, building or premises, or any other place in the municipality, decayed vegetable or animal substance, garbage or refuse matter of any kind that may be injurious to the public health or offensive to the residents of the municipality unless the same is kept in receptacles and as nearly air-tight as may be practical. Where the owner or lessee of the premises rents a portion thereof to two or more families, or occupants, he or she shall provide a suitable receptacle for garbage, as provided in this section, to be used by all such tenants or occupants.
(B) It shall be unlawful to throw or sweep into the streets, alleys, parks or other public grounds any dirt, paper, nails, pieces of glass, grass, leaves, 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. Any person having garbage, rubbish, waste or refuse that is subject to decay or fermentation within a short period of time shall be required to place the same in a standard garbage can with a tight cover. All residents shall have the contents of their garbage cans removed at least once per month. Any garbage, trash or waste outside of garbage cans must be properly bound to prevent scattering and must be removed at least once per week. It shall be unlawful for any person to place garbage, rubbish, waste or refuse in a receptacle belonging to another person without his or her permission.
(2005 Code, § 4-204)
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§ 5-416 PARKING; LICENSED VEHICLES, FRONT AND SIDE YARD.
(A) Every vehicle parked or left standing upon any street, alley, public way, public parking facility, or other public property shall have current license plates attached, which are issued to the vehicle for which said license plates are attached and registered in the name of the owner of the vehicle in accordance with the laws of the state of Nebraska or the state wherein the license is issued.
(B) It shall be unlawful for any person to park any motor vehicle in the front or side yard of a residential use property except upon an established driveway connecting directly to the street at an approved curb cut.
(C) If the identity of the driver of any vehicle found parked in violation of any provision of this article cannot be determined, the person in whose name such vehicle is registered shall be held prima facie responsible for such violation.
(2005 Code, § 5-416)