17-563 Lots; drainage; weeds or litter; nuisance; noncompliance by owner; notice; assessment of cost; violation; penalty; civil action. - Nebraska Statutes

17-563. Lots; drainage;weeds or litter; nuisance; noncompliance by owner; notice; assessment of cost;violation; penalty; civil action.(1) Except as provided in subsection (6) of this section, a cityof the second class and village by ordinance (a) may require lots or pieces of ground withinthe city or village to be drained or filled so as to prevent stagnant wateror any other nuisance accumulating thereon,(b) mayrequire the owner or occupant of any lot or piece of ground within the cityor village to keep the lot or piece of ground and the adjoining streets andalleys free of any growth of twelve inches or more in height of weeds, grasses,or worthless vegetation, and (c) may prohibit and controlthe throwing, depositing, or accumulation of litter on any lot or piece ofground within the city or village.(2) Except as provided in subsection (6) ofthis section, any city of the second class and village may byordinance declare it to be a nuisance to permit or maintain any growth oftwelve inches or more in height of weeds, grasses, or worthless vegetationor to litter or cause litter to be deposited or remain thereon except in properreceptacles.(3) Any owner or occupant of a lot or piece of ground shall,upon conviction of violating any ordinance authorized under this section, be guilty ofa Class V misdemeanor.(4) Notice to abate and remove such nuisance shall be givento each owner or owner's duly authorized agent and to the occupant, if any,by personal service or certified mail. If notice by personal service or certifiedmail is unsuccessful, notice shall be given by publication in a newspaperof general circulation in the city or by conspicuously posting the noticeon the lot or ground upon which the nuisance is to be abated and removed.Within five days after receipt of such notice or publication or posting, whicheveris applicable, if the owner or occupant of the lot or piece of ground doesnot request a hearing with the city or village or fails to comply with theorder to abate and remove the nuisance, the city or village may have suchwork done. The costs and expenses of any such work shall be paid by the owner.If unpaid for two months after such work is done, the city or village mayeither (a) levy and assess the costs and expenses of the work upon the lotor piece of ground so benefited in the same manner as other special taxesfor improvements are levied and assessed or (b) recover in a civil actionthe costs and expenses of the work upon the lot or piece of ground and theadjoining streets and alleys.(5) For purposes of this section:(a) Litter includes, but is not limited to: (i) Trash, rubbish,refuse, garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick,or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv)offal and dead animals; and (v) any machine or machines, vehicle or vehicles,or parts of a machine or vehicle which have lost their identity, character,utility, or serviceability as such through deterioration, dismantling, orthe ravages of time, are inoperative or unable to perform their intended functions,or are cast off, discarded, or thrown away or left as waste, wreckage, orjunk; and(b) Weeds includes, but is not limited to, bindweed (Convolvulusarvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula),Canada thistle (Cirsium arvense), perennial peppergrass (Lepidium draba),Russian knapweed (Centaurea picris), Johnson grass (Sorghum halepense), noddingor musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchusarvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum),buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa), and ragweed(Ambrosiaceae).(6) A cityof the second class or village by ordinance may declare it to be a nuisanceto permit or maintain any growth of eight inches or more in height of weeds,grasses, or worthless vegetation on any lot or piece of ground located withinthe corporate limits of the city or village during any calendar year if, withinthe same calendar year, the city has, pursuant to subsection (4) of this section,acted to remove weeds, grasses, or worthless vegetation exceeding twelve inchesin height on the same lot or piece of ground and had to seek recovery of thecosts and expenses of such work from the owner. SourceLaws 1879, § 71, p. 219; R.S.1913, § 5137; C.S.1922, § 4312; C.S.1929, § 17-503; R.S.1943, § 17-563; Laws 1991, LB 330, § 2; Laws 1995, LB 42, § 3; Laws 2004, LB 997, § 2; Laws 2009, LB495, § 8.