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Scottsbluff.org

CHAPTER 12
NUISANCES
(a) MISCELLANEOUS PROVISIONS
(b) ABATEMENT PROCEDURES
(c) SPECIAL PROVISIONS RELATING TO JUNK
(d) VIOLATIONS
Nebraska Statutes
For statutory provisions authorizing cities to declare and abate nuisances, see R.R.S.
§§ 16-230, 18-1720.
(a) GENERAL PROVISIONS
12-1-1. Definitions.
As used in this chapter, the following terms shall have the following definitions unless the context
Litter shall include, but not be limited to:(a) trash, rubbish as defined in Chapter 19, solid waste as defined in Chapter 19, refuse,garbage as defined Chapter 19, paper, plastic, rags, and ashes; wood, plaster, cement, brick, sheetrock, or stone building rubble; lawn trimmings, dead leaves, tree and shrubbery trimmings, provided however thatthese things shall not be considered litter if they are in the process of beingcomposted; Weeds shall include, but not be limited to, bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canadian thistle (cirsium arvense), perennialpeppergrass (lepidium draba), Russian knapweed (centaurea picris), Johnson grass (sorghumhalepense), nodding or musk thistle, quack grass (agropyron repens), perennial sow thistle (sonchusarvensis), horse nettle (solanum carolinense), bull thistle (cirsium lanceolatum), buckthorn (rahmnussp.) (tourn), hemp plant (cannabis sativa), and ragweed (ambrosiaceae), and other worthlessvegetation commonly regarded as weeds. (3) The term “junk,” includes scrap metal, parts for machinery, appliances or vehicles, any machine or vehicle which is not in operating condition or which has lost its identity, character, utilityor serviceability as such through deterioration, dismantling or the ravages of time, or which has beencast off, discarded or thrown away or left as waste or wreckage. The term does not include: abandoned vehicles as defined in Chapter 22. refrigerators kept outside of a building, if each door of the refrigerator is secured bya hasp and lock as provided elsewhere in this Chapter. (Ord. 3452, 1995) 12-1-2. Nuisance; defined.
For the purpose of this chapter, a nuisance exists when a person fails to perform a duty within the
city limits of the City of Scottsbluff, or permits any condition or thing to exist within the city limits
of the City of Scottsbluff, which act, omission, condition or thing either:
Injures or endangers the comfort, repose, health or safety of others; or Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, alley, highway, sidewalk, stream, ditch or drainage; or In any way renders other persons insecure in life or the use of property; Essentially interferes with the quiet enjoyment of life and property, or tends to depreciate the value of the property of others.
12-1-3. Nuisances; illustrative enumeration.
The maintaining, using, placing, depositing leaving or permitting to be or remain on public or private
property within the city limits of the City of Scottsbluff of any of the following items, conditions or
actions is hereby declared to be and to constitute a nuisance; however, this enumeration shall not be
deemed or construed to be conclusive, limiting or restrictive;
Any condition which promotes harborage for rats, mice, snakes and other vermin.
Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health ofpeople residing in the vicinity thereof, or presents a fire hazard in the vicinity where it is located.
All disagreeable or obnoxious gases, odors and/or fumes, as well as the conditions, substances or other causes which give rise to the emission or generation of such gases, odors and/orfumes.
The dressed or undressed carcasses of fish, animals or fowl, wild game or domestic, not disposed of, processed, or removed from the general public view.
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
Any building, structure or location wherein or upon which any activity which is in violation of local, state or federal law is conducted, performed or maintained.
Any accumulation of stagnant water permitted or maintained on any lot or property.
Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
Any method of human excreta disposal which does not conform to the provisions of this chapter, state law or city ordinances, rule or regulation.
Leaking or defective water pipes, sewer pipes, hydrants, cisterns, wells, gutters, drains, rain spouts or seepage in or about any structure used for human occupancy or the surroundingearth.
Any abandoned or open wells, cisterns or cellars.
The discharge of any filthy or offensive water, swill, liquid or waste from any commercial establishment into or on any street, alley, sidewalk, gutter, vacant lot, stream or river.
The keeping or maintaining of any hives or boxes used or occupied or for the purpose of housing or occupation by bees within the city limits, except as hereinafter provided. The keepingof bees shall not be prohibited in agricultural zones, provided no box or hive containing beespermitted to fly at large shall be kept within one hundred (100) feet of any dwelling except thedwelling of the owner of such bees, or within fifty (50) feet of any exterior boundary within whichthe box or hive is kept.
The parking or storage of any vehicle or machine or parts thereof in violation of any municipal code, state statute or federal law.
Any building or structure including the ground on which it sits that is used for the unlawful manufacture, cultivation, growth, production, processing, sale, possession, or storage ofany controlled substance as defined in R.R.S., chapter 28, article 4.
Any excavation exposed so as to catch and hold water, filth or any refuse matter.
Leaving any refrigerator, or any cabinet enclosing apparatus for the cooling or freezing of perishable articles or substances outside of a building unless the doors of everycompartment of such refrigerator or cabinet are removed. Provided, however, that such doors neednot be removed if each door is secured by a hasp and lock.
Permitting, allowing, or maintaining any growth of twelve (12) inches or more in height of weeds or grasses on any lot or tract of land within the City, or permitting such lot or tractof land or the adjoining streets and alleys to become covered or overgrown with weeds, or litteringor causing litter to be deposited or remain thereon except in proper receptacles.
Placing or accumulating junk. It shall not be unlawful to:(1) keep or store junk in a junkyard as defined in section Chapter 25, Article 22,which junkyard is in a location permitted under Chapter 25; accumulate or permit junk to remain on a lot or other tract of land owned oroccupied by the person accumulating the junk or permitting it to remain, fora period not to exceed ten (10) days, for the sole purpose of preparation forremoval from the premises; hold not more than two (2) damaged or inoperable automobiles for purposesof restoration if such automobiles are concealed by an automobile cover andsituated in a rear or side yard (except a side yard abutting a street) of a lot ortract on which is situated a residence.
Every other act or thing done, made, permitted, allowed or continued on any property, whether public or private, detrimental to the health or likely to injure any of the inhabitants of thecity. (Ord. 3884, 2005) 12-1-4 through 12-1-7. Repealed.
12-1-8. Right of entry.
For the purpose of administering and enforcing the provisions of this Chapter, any police officer, the
Planning and Building Official and any other City employee designated by the City Manager shall
have the right to enter any premises in the City at any reasonable time. (Ord. 3452, 1995)
(b) ABATEMENT PROCEDURES
12-1-9. Notice to remove.
If any nuisance as defined in this Municipal Code shall exist anywhere subject to this Chapter, the
City Manager or his designee may give notice to abate and remove such notice to each owner or
owner's duly authorized agent and to the occupant, if any, of the property where the nuisance is
located. If notice by personal service or certified mail is unsuccessful, notice shall be given by
publication in a newspaper of general circulation in the city or by posting the notice on the lot or
ground upon which the nuisance is to be abated and removed. The notice shall contain:
An order to abate the nuisance within a stated time.
A statement that the party may request a hearing before the City Manager within five The location of the nuisance, if the same is stationary.
A description of what constitutes the nuisance.
A statement of acts necessary to abate the nuisance.
A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the city shall abate such nuisance and assess the cost thereofagainst such person.
Within five days after receipt of such notice, if the owner or occupant of the land does not requesta hearing with the City Manager or fails to comply with the order to abate and remove the nuisance,the City Manager or his designee may cause the City to remove the nuisance. Within five days afterreceipt of such notice the owner or occupant may make a written request for a hearing before the CityManager. Such a request shall suspend the notice to abate and remove unless an emergency wasdeclared as provided in this Chapter. At such hearing the City Manager may order the nuisanceabated and removed within such time as the City Manager shall determine. If the nuisance is not abated and removed within the time specified by the City Manager, the City Manager or his designeemay cause the City to remove the nuisance. The costs and expenses of any such work shall be paidby the owner. If unpaid for two months after such work is done, the City may either (a) levy andassess the costs and expenses of the work upon the lot or piece of ground so benefitted in the samemanner as other special taxes for improvements are levied and assessed or (b) recover in a civilaction the costs and expenses of the work upon the lot or piece of ground and the adjoining streetsand alleys. Any junk which is removed under the provisions of this section shall be impounded andshall be valued as provided elsewhere in this Chapter. The remedy provided in this section shall becumulative with any other remedy provided in this Municipal Code, or otherwise available at lawor in equity. (Ord. 3799, 2004) 12-1-10. Emergency.
If the City Manager or his designee shall determine that a particular nuisance as defined in this
Municipal Code is so unsafe, or is unsafe in a respect such that a delay in removal thereof would
result in undue danger or other hazard to persons or property, he or she may declare in writing that
there exists an emergency requiring that this nuisance be removed immediately and order the
appropriate city employees to remove the nuisance. The costs and expenses of such removal may be
assessed as provided in this Chapter. Any junk which is removed under the provisions of this section
shall be impounded and shall be valued as provided in this Chapter. The remedy provided in this
section shall be cumulative with any other remedy provided in this Municipal Code, or otherwise
available at law or in equity. (Ord. 3452, 1995)
(c) SPECIAL PROVISIONS RELATING TO JUNK
12-1-11. Value determination.
(a)
The City Manager or his designee, after removing and impounding junk as provided elsewhere in this Chapter, shall determine whether the fair market value of the junk exceeds the sumof fifty dollars ($50.00). For purposes of such valuation process, articles shall be valued in thefollowing sequence: each particular article which may have a value in excess of fifty dollars ($50.00); each set, partial or complete, of components of a particular type of machinery,appliance or equipment which may have a value in excess of fifty dollars ($50.00);and each aggregate of articles that are identical or substantially similar to each other incharacter, which may have a value in excess of fifty dollars ($50.00).
After such part of the valuation process has been completed:(1) those particular articles, sets or aggregates finally determined to have a fair marketvalue in excess of fifty dollars ($50.00) shall be deemed to constitute junk having amarket value in excess of fifty dollars ($50.00); and those finally determined not to have such a fair market value, together with any otherarticles or materials not valued to that point, shall be again valued and, if all of thesein the aggregate shall be determined to have a fair market value in excess of fiftydollars ($50.00), then such articles and materials collectively shall be deemed toconstitute junk having a fair market value in excess of fifty dollars ($50.00);otherwise, such articles and materials shall be deemed collectively not to be junk 12-1-12. Value not exceeding $50.00.
If the City Manager or his designee shall certify that the fair market value of certain junk valued in
accordance with this Chapter does not exceed the sum of fifty dollars ($50.00), title to such junk
shall immediately vest in the City, and the City, in the discretion the City Manager, may retain and
use, sell at private sale or public auction, or otherwise dispose of such junk. If such junk is sold, the
proceeds of sale shall be retained by the City and deposited in the General Fund. (Ord. 3452, 1995)
12-1-13. Value exceeding $50.00; scope of sections.
All the subsequent sections of this Chapter pertaining to junk apply to junk, and only to junk, which
the City Manager or his designee shall have determined in accordance with this Chapter to have a
fair market value in excess of fifty dollars ($50.00). (Ord. 3452, 1995)
12-1-14. Inquiry; notice.
The City Manager or his or her designee shall make inquiry concerning ownership of, and possessory
or any other legal interests in, the impounded junk, unless he already shall be duly informed in regard
thereto. He then shall give notice by certified mail addressed to the person or persons who are or ap-
pear or claim to be the owner(s) of, or to have a possessory or other interest in the junk. The notice
should state if junk is not claimed as provided this Chapter, by a date to be specified in the notice,
which shall be not less than thirty (30) days after the notice was mailed, the junk may be sold by the
City Manager or his designee at public auction after that date, and a part or the whole of the proceeds
may be retained by the City. (Ord. 3452, 1995)
12-1-15. Claim; information.
Any person claiming the junk, or a part thereof, shall file with the City Manager or his designee,
before the junk shall have been sold by the City Manager or his designee, a written claim, on a form
to be supplied by the City Manager or his designee, wherein is stated the alleged ownership or
possessory or other interest of the claimant in the junk, and a demand for its release to the claimant.
The City Manager or his designee, whether or not such a claim is filed, shall inform whoever claims
the junk, or makes inquiry, concerning the circumstances upon which were based the removal and
impoundment of the junk, and the amount of expense of removal, impoundment and storage of the
junk, the cost of postage on, and publication of, notices mailed as provided in this Chapter, and the
expense of the advertising, if any, of a proposed sale of the junk. (Ord. 3452, 1995)
12-1-16. Determination; expenses; payment; release.
If the City Manager or his designee shall determine the claimant to be the owner of the junk, or to
have an interest in the junk entitling him to the possession thereof upon compliance with the re-
quirements of this section, the City Manager or his designee shall release the junk to the claimant
upon payment by the claimant to the City Clerk of the expenses referred to in section 12-1-15, as
determined by the City Manager or his designee; otherwise, the City Manager or his designee shall
deny the claim. The City Manager or his designee shall enter in writing his determinations in this
regard and, upon request of the claimant, shall supply to the claimant a copy thereof. (Ord. 3451,
1995)
12-1-17. Sale; notice.
If no claim to the junk shall have been filed with the City Manager or his designee as provided in this
Chapter within thirty days after a notice was mailed in accordance with this Chapter or if such a
claim was filed and by the City Manager or his or her designee denied as provided in this Chapter,
the City Manager or his or her designee may cause a notice of a public auction of the junk to be
published one time in a newspaper of general circulation within the City not less than ten (10) nor
more than twenty (20) days prior to the auction. The notice shall state the time and place of the
auction and list the junk to be sold. A copy of the published notice shall be mailed by the City
Manager or his or her designee to each person who is or appears or claims to be the owner(s) of, or
to have a possessory or other interest in the junk. (Ord. 3452, 1995)
12-1-18. Sale; proceeds.
If the junk has not been released to a claimant prior to the sale as provided in this Chapter, the City
Manager or his or her designee shall sell the junk or cause it to be sold at public auction at the time
and place and in the manner, if any, specified in the notice. The proceeds shall, by the City Manager
or his or her designee, be delivered to the City Clerk, and shall be applied in reimbursement of the
expense which was incurred by the City, as determined by the City Manager or his designee, in
removing, impounding, storing and selling the junk (including all of the expenses referred to section
12-1-15, and the excess, if any, shall be held by the City Treasurer, without interest, for the benefit
of the owner of the junk, or of anyone having a prior right thereto, for a period of two (2) years. If
not claimed within such period, such excess shall be paid into the general fund of the City. (Ord.
3452, 1995)
12-1-19. Liability.
Neither the owner, lessee or occupant of the premises from which the junk was removed, or of
premises which abutted a sidewalk, street or alley space, parking or other public place from which
the junk was removed, nor the City, or any officer, employee or contractual agent thereof shall be
liable to any person for loss or damage to any junk which occurs during its removal, impoundment,
storage, or disposition by the City as provided in this Chapter. (Ord. 3452, 1995)
(d) VIOLATIONS
12-1-20. Violation; penalty.
It is a Class II violation to permit a nuisance to exist or continue in violation of this Chapter or of
any notice served as provided in this Chapter. Each day on which a violation occurs shall constitute
a separate and distinct offense. The provision defining each day as a separate offense shall not be
applicable to nuisances described in Section 12-1-3(r). In addition, the sentencing court may order
such person to reimburse the City for the fair and reasonable costs incurred by the City in removing
the nuisance. (Ord. 3452, 1995)

Source: http://www.scottsbluff.org/your_government/municipal_code/docs/12_Nuisances.pdf

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