Article 3. Nuisances



§4-301               NUISANCES; GENERALLY DEFINED. A nuisance consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:


(1)        Injures or endangers the comfort, repose, health, or safety of others;

(2)        Offends decency;

(3)        Is offensive to the senses;

(4)        Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street, or highway in the Municipality;

(5)        In any way renders other persons insecure in life or the use of property; or

(6)        Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.

(Ref 18-1720 RS Neb.)


§4-302               NUISANCES; SPECIFICALLY DEFINED. The maintaining, using, placing, depositing, leaving, or permitting of any of the following specific acts, omissions, places, conditions, and things are hereby declared to be nuisances:

 

(1)     Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish, or fowl;

(2)     Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous;

(3)     Filthy, littered or trash-covered cellars, houseyards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises;

(4)     Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the Municipality;

(5)     Liquid household waste, human excreta, garbage, butchers trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity; provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the health officer of the Municipality, nor the dumping of non-putrefying waste in a place and manner approved by the health officer;

(6)     Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles;

(7)     Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof;

(8)     Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which said buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof;

(9)     All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof;

(10)   Stagnant water permitted or maintained on any lot or piece of ground;

(11)   Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when said places in which said animals are confined, or said premises on which said vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the Municipality, or are maintained and kept in such a manner as to be injurious to the public health; or

(12)   All other things specifically designated as nuisances elsewhere in this Code. (Ref 18-1720 RS Neb.)


§4-303        NUISANCES; ABATEMENT PROCEDURE. (1) It shall be the duty of every owner or occupant of real estate in the Municipality to keep such real estate free of public nuisances. Upon determination by the Board of Health that said owner or occupant has failed to keep such real estate free of public nuisances, notice to abate and remove such nuisance and notice of the right to a hearing before the Governing Body and the manner in which it may be requested shall be given to said owner or occupant, or said owner̓s or occupant̓s duly authorized agent, by personal service or certified mail. Such notice shall describe the condition as found by the Board of Health and state that said condition has been declared a public nuisance, and that the condition must be remedied at once. Within ten (10) days after the receipt or such notice, if the owner or occupant of real estate does not request a hearing or fails to comply with the order to abate and remove the nuisance, the Municipality shall have such work done and may levy and assess the costs and expenses of the work upon the real estate so benefitted in the same manner as other special taxes for improvements are levied and assessed.

         (2)    If said owner or occupant requests in writing a hearing with the Governing Body, the Governing Body shall fix a time and place at which a hearing will be held. Notice of the hearing shall be given by personal service or certified mail and require the owner or occupant to appear before the Governing

Body to show cause why such condition should not be found to be a public nuisance and remedied. Such notice shall be given not less than seven (7), nor more than fourteen (14) days before the time of the hearing. Upon the date fixed for the hearing and pursuant to the notice, the Governing Body shall hear all objections made by the owner or occupant and shall hear evidence submitted by the Board of Health. If after consideration of all the evidence, the Governing Body shall find that the said condition is a public nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the said public nuisance at once. Should the owner or occupant refuse or neglect to promptly comply with the order of the Governing Body, the Governing Body shall proceed to cause the abatement of the described public nuisance and may levy and assess the costs and expenses of the work upon the real estate so benefitted in the same manner as other special taxes for improvements are levied and assessed. (Ref 18-1720 RS Neb.)


§4-304        NUISANCES; DEAD OR DISEASED TREES. (1) It is hereby declared a nuisance for a property owner to permit, allow, or maintain any dead or diseased trees within the right-of-way of streets within the corporate limits of the Municipality.

         (2)    It is hereby declared a nuisance for a property owner to permit, allow, or maintain any dead or diseased trees on private property within the corporate limits of the Municipality. For the purpose of carrying out the provisions of this section, the Municipal Police shall have the authority to enter upon private property to inspect the trees thereon.

         (3)    Notice to abate and remove such nuisance and notice of the right to a hearing and the manner in which it may be requested shall be given to each owner or owner̓s duly authorized agent and to the occupant, if any, by personal service or certified mail. Within thirty (30) days after the receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing or fails to comply with the order to abate and remove the nuisance, the Municipality may have such work done and may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied or assessed. (Ref 17-555, 18-1720, 28-1321 RS Neb.)


§4-305        NUISANCES; LAWN MAINTENANCE REGULATION. (1) All property owners shall maintain grass lawns located on property within the City of Henderson so that the grass and/or weeds growing on said lawns does not exceed a height of six (6) inches.

         (2)    Upon the failure of such owner, lessee or occupant, or other person having control of such property, to cut and maintain the lawn on any property located within the Municipality as required in subsection (1) of this section, then and in that event, the Municipal Clerk may, after five (5) days notice by personal service upon the owner, lessee, occupant or person in control of said property or by leaving said notice affixed to said property, cause said lawn to be cut and cleared of grass and/or other weeds so as to comply with this section. The costs thereof shall be assessed against such real estate pursuant to a resolution by the City Council. Such assessments, when assessed as provided shall then be certified by the Municipal Clerk and delivered to the County Treasurer and shall be collected in the manner provided by law for the collection of general real estate taxes. Such assessment shall be a lien upon such real estate from the date of assessment and shall draw interest pursuant to law from said date until paid. (Ref. 18-1720 RS Neb.)


§4-306        NUISANCES; JURISDICTION. The Mayor and Chief of Police of the Municipality are directed to enforce this Municipal Code against all nuisances. The jurisdiction of the Mayor, Chief of Police, and court shall extend to, and the territorial application of this Chapter shall include, all territory adjacent to the limits of the Municipality within two (2) miles thereof and all territory within the corporate limits. (Ref 18-1720 RS Neb.)

 

§4-307        NUISANCES; ADJOINING LAND OWNERS; INTERVENTION BEFORE TRIAL. In cases of appeal from an action of the Governing Body condemning real property as a nuisance or as dangerous under the police powers of the Municipality, the owners of the adjoining property may intervene in the action at any time before trial. (Ref 19-710 RS Neb)