ORDINANCE NO. 635
AN ORDINANCE OF THE CITY OF ELGIN, NEBRASKA, PROVIDING AMENDED NOTICE PROVISIONS FOR VIOLATIONS OF THE NUISANCE ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND REPEALING SECTIONS IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, NEBRASKA, AS FOLLOWS:
SECTION 1. That Section 3-404 of the Municipal Code be and hereby is amended to read as follows:
A. Whenever the City Council determines that any grasses or weeds in excess of 12 inches, or 8 inches as provided in Section 3-401(A), are growing on property within the City or litter is found on any property, the designated code enforcement officer shall cause written notice to be served on (1) each owner or owner’s duly authorized agent by certified mail, which shall be conspicuously marked as to its importance, or by personal service and (2) the occupant, if any, by certified mail, which shall be conspicuously marked as to its importance, or by personal service.
B. Within five days after receipt of such notice, the owner or occupant of the lot or 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. A hearing on the appeal shall be held within 14 days after the filing of the appeal and shall be conducted by the mayor as hearing officer, who shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the city may have such work done.
C. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work 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 may either (1) 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 (2) 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.
SECTION 2. That all ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. That this ordinance shall be in full force and effect from and after its passage, approval and publication according to law.
Passed and approved this 6th day of January, 2014.
CITY OF ELGIN, NEBRASKA
Mike Schmitt
Mayor
ATTEST:
Vicki Miller
City Clerk
CERTIFICATION
I, Vicki Miller, clerk of the City of Elgin, Nebraska, hereby certify that the foregoing is a true and complete copy of Ordinance No. 635 of said city, passed by the City Council this 6th day of January, 2014.
Vicki Miller
City Clerk
PUBLISH: January 15, 2014
ZNEZ
