Chapter 04 Article 05-Nuisances
Article 5. Nuisances
Sec. 4-501 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. (Neb. Rev. Stat. §16-240, 18-1720) (Ord. No.
1181, 2/24/76) (Penalties refer to Sections 4-601 through 4-603 or Addendum to Code
Violations Bureau Fee Schedule) (Amended by Ordinance 2140 06/10/2008)
Sec. 4-501.01 STREAMS, LITTER; SPECIFICALLY DEFINED.
For the purpose of this
Article, the following words and phrases shall have the meanings respectively ascribed to them:
STREAMS:
Streams shall include all streams, creeks or water courses within the City of Blair,
Nebraska, including, but not limited to, Cauble Creek and South Creek, including all of their branches
and watercourses leading thereto, and specifically including the channel of the same. Streams are
further defined as any depression or draw two feet below the surrounding lands and having a
continuous outlet to a stream, creek, watercourse or river.
LITTER:
In addition to any other definition of litter contained in this Code, litter shall also include,
for the purposes of this Article only, concrete, stone, gravel, crushed rock or stone, sand, dirt and
similar earthen materials. (Penalties refer to Sections 4-601 through 4-603 or Addendum to Code
Violations Bureau Fee Schedule) (Amended by Ordinance 2140 06/10/2008)
Sec. 4-501.02LITTERING ON CITY PROPERTY.
It shall be unlawful for any person to litter,
deposit, leave or permit any litter to be left, deposited or placed on any Blair City owned property at
any time whether or not the property is open to the public. (Penalties refer to Sections 4-601 through
4-603 or Addendum to the Code Violations Bureau Fee Schedule). (Amended by Ordinance 2164
05/12/2009)
Sec. 4-502 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.
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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.
5. Liquid household waste, human excreta, garbage, butcher's 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
Municipality.
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 and or fire wood 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, unlicensed, inoperable, unregistered, 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 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.
12. Rock, gravel, stone, pebbles or other loose rock like material that moves or travels from a
private driveway and/or real estate and comes to rest or is deposited on any public street or
public right of way within the City Limits.
13. All other things specifically designated as nuisances elsewhere in this Code. (Neb. Rev. Stat.
§16-240, 18-1720) (Ord. No 1369, 2/24/76).
(Penalties refer to Sections 4-601 through 4-603 or Addendum to Code Violations Bureau Fee
Schedule) (Amended by Ordinance 2082 08/22/2006) (Amended by Ordinance 2140 06/10/2008)
City of Blair Municipal Code Chapter 4, Article 5, page 2
(Amended by Ordinance 2306 6/14/2016).
Sec. 4-502.01 NUISANCES; LITTER WITHIN STREAMS.
It shall be unlawful for any person
who owns or is in control of any property to place or cause to be placed on his or her property, or
any other property, or allow to remain on his or her property any litter within any stream as said terms
are defined hereinabove; provided, however, that such act will not be unlawful if a specific written
permit for such activity is obtained under any other provisions of the Municipal Code of the City of
Blair, Nebraska, or from the appropriate regulatory agency of the United States Government;
provided, however, a written permit from the appropriate governmental agency of the United States
Government is an affirmative defense, and it shall be the burden of the person who owns, is in control
of, places or causes to be placed or allowed to remain any litter within any stream to provide
satisfactory evidence of such written permit. Nothing contained herein shall be construed as relieving
any person from state or federal permit requirements. (Penalties refer to Sections 4-601 through 4-
603 or Addendum to Code Violations Bureau Fee Schedule) (Amended by Ordinance 2140
06/10/2008)
Sec. 4-503 NUISANCES; ABATEMENT PROCEDURE.
It shall be the duty of every owner,
occupant, lessee, or mortgagee of real estate, or the officers thereof if such entity is a corporation, in
the Municipality to keep such real estate free of public nuisances.
The City Administrator or the Chief of Police shall have the power to investigate all
complaints or violations of this section an if they find that such property owner or lessee has allowed
such nuisance, they shall cause the property owner or lessee to be served with written notice directing
them to abate the nuisance within five (5) days of the receipt of the notice.
It shall be unlawful to fail to abate such nuisance and any person failing to abate such nuisance
within five (5) days after receiving notice to do so shall be deemed guilty of a Class III misdemeanor
and upon conviction thereof shall be subject to the minimum fines as set forth by the Statutes of the
State of Nebraska. The court, as part of the judgment shall order the owner to abate such nuisance.
In addition, an authorized agent of the municipality may abate said nuisance at the expense of the
owner or lessee from the land whereon such nuisance existed and the cost of same shall be levied,
equalized, and assessed as are other special assessments. (Neb. Rev. Stat. §16-230, 16-240, 18-1720)
Sec. 4-503.01 NUISANCES IN STREAMS; ABATEMENT PROCEDURE.
Whenever the City
Administrator, or his authorized representative, determines that any litter deposited or existing within
a stream causes imminent danger to the public health, safety or welfare, particularly where such litter
is determined to cause an obstruction to the channel, stream, watercourse, or flood way affected, then
the City Administrator, or his designated agent, may remove such litter at the expense of the owner or
person in control of the land on which such litter is found and the land immediately adjacent thereto, if
such land was used as the source of such litter or as the place of access for the disposition of such
litter. In cases where the City Administrator, or his designated agent, determines that such danger is
less remote than imminent, he/she may notify, in writing, such owner or person in control of such land
to remove the litter within a reasonable time period, not less than ten (10) days from notification. If
the owner or person in control of such land fails or refuses to so remove the litter, the City
Administrator, or his designated agent, may remove it at the expense of the owner or person in
control of the land; provided, further, that the reasonable expense associated with the removal or
abatement of such litter shall be levied, equalized and assessed as are other special assessments as
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provided by law. The remedy provided to the City for the removal or abatement of such litter and
assessment of the cost thereof shall not be deemed the exclusive remedy to the City for such
violations but all of said acts shall remain enforceable as other violations of this Code and the
penalties described or applicable thereto may be applied in lieu of or in addition to the remedies
provided herein (Amended by Ordinance 2306 6/14/2016).
Sec. 4-504 NUISANCES; JURISDICTION.
The City Administrator and the Chief of Police of the
Municipality or their designated agents are directed to enforce this Municipal Code against all
nuisances. The jurisdiction of the City Administrator, 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 the two (2) mile zoning jurisdiction thereof and all territory within the corporate
limits. (Neb. Rev. Stat. §18-1720) (Ord. No. 1181, 2/24/76) (Amended by Ordinance 2306
6/14/2016).
SECTION 4-505 Reserved for Future Use.
Sec. 4-506 NUISANCES, WEEDS, GRASSES, WORTHLESS VEGETATION AND LITTER.
In addition to the definitions as provided in Sections 4-501 to 4-504 inclusive, a nuisance is hereby
declared to be and defined as permitting, allowing, or maintaining any growth of eight (8) inches or
more in height of weeds, grasses, or worthless vegetation, or to litter or cause litter to be deposited or
remain on any premises in the municipality except in proper receptacles.
1. For the purposes of this section, litter shall include but not be 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 that are unlicensed, inoperable, unregistered,
wrecked or abandoned, or parts of a machine or vehicle, appliances, electronics and
household goods and furnishings 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, or are cast off, discarded, or thrown
away or left as waste, wreckage, or junk.
2. For the purposes of this section, weeds shall include but not be limited to: bindweed
(convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula),
Canada thistle (cirsium arvense), perennial peppergrass (lepidium draba), Russian knapweed
(centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle, quack grass
(agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle (solanum
carolinense), bull thistle (cirsium lanceolatum), buchthorn (rahmnus sp.) (tourn), hemp plant
(cannabis sativa), and ragweed (ambrosiaceae).
3.Any owner or occupant of a lot or piece of ground shall, upon conviction of violating such
ordinance, be guilty of a Class V misdemeanor.
(Amended by Ordinance 2306 6/14/2016)
Sec. 4-507 NUISANCES; SWIMMING POOLS.
In order to provide protection against potential
drownings and near drownings by restricting access to swimming pools, it shall be unlawful for any
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person to have a swimming pool as defined in 4-507.01 on any property within the City of Blair
without compliance with all requirements of this ordinance. Failure to comply with any requirement
herein shall be declared a nuisance. (Penalties refer to Sections 4-601 through 4-603 or Addendum to
Code Violations Bureau Fee Schedule)
1.Each swimming pool must be completely surrounded by a barrier as defined in 4-507.01.
2.The top of the barrier shall be at least 48 inches above grade measured on the side of the
barrier which faces away from the swimming pool. The maximum vertical clearance between
grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier which
faces away from the swimming pool. Where the top of the pool structure is above grade, such
as an above-ground pool, the barrier may be at ground level, such as the pool structure, or
mounted on top of the pool structure. Where the barrier is mounted on top of the pool
structure, the maximum vertical clearance between the top of the pool structure and the
bottom of the barrier shall be 4 inches.
3.Openings in the barrier shall not allow passage of a 4-inch-diameter sphere.
4.Solid barriers which do not have openings, such as a masonry or stone wall, shall not
contain indentations or protrusions except for normal construction tolerances and tooled
masonry joints.
5.Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is less than 45 inches, the horizontal members
shall be located on the swimming pool side of the fence. Spacing between vertical
members shall not exceed 1¾ inches in width. Where there are decorative cutouts within
vertical members, spacing within the cutouts shall not exceed 1¾ inches in width.
6.Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is 45 inches or more, spacing between vertical
members shall not exceed 4 inches. Where there are decorative cutouts within vertical
members, spacing within the cutouts shall not exceed 1¾ inches in width.
7.Maximum mesh size for chain link fences shall be a 2¼-inch square unless the fence has
slats fastened at the top or the bottom which reduce the openings to not more than 1¾
inches.
8.Where the barrier is composed of diagonal members, such as a lattice fence, the maximum
opening formed by the diagonal members shall not be more than 1¾ inches.
9.Access gates shall comply with the requirements of Section 4-507 (1) through (8) above
and shall be equipped to accommodate a locking device. Pedestrian access gates shall:
a.Remain locked at all times when the pool is not directly supervised, or
b.Open outward away from the pool and shall be self-closing and have a self-latching
device. Gates other than pedestrian access gates shall have a self-latching device.
Where the release mechanism of the self-latching device is located less than 54
inches from the bottom of the gate, the release mechanism and openings shall
comply with the following:
City of Blair Municipal Code Chapter 4, Article 5, page 5
i.The release mechanism shall be located on the pool side of the gate at least
3 inches below the top of the gate; and
ii.The gate and barrier shall have no opening larger than ½ inch within 18
inches of the release mechanism.
(Amended by Ordinance No. 2245 4/14/2013)
Sec. 4-507.01 BARRIER, SWIMMING POOL; SPECIFICALLY DEFINED.
For the purpose
of this Article, the following words and phrases shall have the meanings respectively ascribed to them:
BARRIER:
A fence, wall, building wall or combination thereof which completely surrounds a
swimming pool and obstructs access to the swimming pool.
SWIMMING POOL:
Any structure intended for swimming or recreational bathing that is capable
of containing water over 24 inches deep. This includes in-ground, above-ground and on-ground
swimming pools, hot tubs and spas. Spas or hot tubs with a safety cover which complies with ASTM
F 1346 shall be exempt from the barrier provisions of this Article. (Amended by Ordinance No. 2245
4/14/2013)
SECTION 4-508 Reserved for Future Use.
Sec. 4-509 NOTICE TO ABATE AND REMOVE.
Notice to abate and remove a nuisance shall be
given to each owner or owner’s duly authorized agent and to the occupant, if any, by conspicuously
posting the notice on the lot or ground upon which the nuisance is to be abated and removed or by
personal service or certified mail. Within five (5) days 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 city clerk. A hearing on the appeal shall be held within
fourteen (14) days and the hearing officer shall render a decision within five (5) business days
following the conclusion of the hearing. 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 at the expense of the owner. If the expense from the work
performed by the city pursuant to this section remains unpaid for a period of two (2) months after
such work is completed, the city may either (a) levy and assess the costs, processing fees 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 (b) recover in a civil action the costs and expenses
of the work upon the lot or piece of ground. (Amended by Ordinance No. 2245 4/14/2013)
(Amended by Ordinance 2306 06/14/2016).
(END OF SECTION)
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