Weed and Liter Notice

May 16, 2024

CITY OF HOLDREGE

Weed and Litter 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 to be 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 to 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 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 untended woods, grass or other rank growth of 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 who 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)       In the event of a violation of the rules set forth above 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 by any form of written notice personally delivered or mailed by Priority or Certified Mail through the United States Post Office, addressed to such person(s).  Seven days after such notice the city may, at the discretion of the code enforcement official, either issue a citation to such person or proceed to have such work done as provided hereafter.

            (F)       In the event the owner, agent, occupant or person in possession, charge or control of any lot or ground shall fail to comply with said notice andclear or cut such lot, or ground, together with that area between the property line, and the curb, paving or traveled roadway line, of all weeds, grass and other rank growth of vegetation which has reached a height of 12 inches or more, and all litter, or both, as provided in this section:

The city may cause such weeds, grass and other rank growth of vegetation to be cut or such litter to be removed, or any combination thereof, and assess the actual cost thereof as well as the direct costs associated with the administration, mailing of notices and publication of said assessments in amounts as determined by resolution of the City Council thereafter upon the property in the same manner as other special taxes for improvements are levied and assessed.

The city shall maintain the right to continue the cutting of such weeds and removal of litter or any combination thereof, at all times thereafter until new growth of the following year.

            (G)       It is hereby further 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 or allow any litter to be deposited on the area outside of the property line on the curb, sidewalks, alley or street.

(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)

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)

- also –

§ 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 persons 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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