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2082COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE TO AMEND SEC. 4 -502 AND SEC. 4 -505 OF THE MUNICIPAL CODE BY ADDING LANGUAGE RELATING TO NUISANCES INVOLVING ROCK AND GRAVEL, ETC. THAT MOVES OR TRAVELS FROM A PRIVATE DRIVEWAY AND /OR REAL ESTATE AND IS DEPOSITED ON ANY PUBLIC STREET OR PUBLIC RIGHT -OF -WAY AND TO ESTABLISH PENALTIES FOR A VIOLATION OF THE SAME, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: ATTEST: (SEAL) ORDINANCE NO. 2082 SECTION 1: Findings and Intent. The City of Blair in the interest of public health and safety is amending the Municipal Code Sec. 4 -502 and Sec. 4 -505 relating to Nuisances. See proposed code sections attached hereto as Exhibit A and fully incorporated herein by reference. SECTION 2: That a new language under Sec. 4 -502 and Sec. 4 -505 shall be added to the Blair Municipal Code to effectuate this goal. See proposed code sections attached hereto as Exhibit A and fully incorporated herein by reference. SECTION 3: That this Ordinance shall be in full force and effect ten (10) days from publication of this ordinance and If any provision of this ordinance or its application to any person or circumstances, shall be held invalid, the remainder of the ordinance, or the application of the provisions to other persons or circumstances, shall not be affected. Passed and approved this 22n day of August, 2006. BRENDA R. WHEELER, CITY CLERK CITY OF BLAIR, NEBRASKA c E. REALPH, MAYOR STATE OF NEBRASKA ) ) SS COUNTY OF WASHINGTON ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 22nd day of August, 2006. /Yu/ (6L Brenda R. Wheeler, City Clerk Article 5. Nuisances 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 nay part of nay 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. 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 or barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber and or fire wood not neatly pile, 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 tot he public health or safety, or are so unsightly as to depreciate property values 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 nay 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 nay 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 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 animals are confined, or said premises on which vegetable or animal matter is located, are maintained and kept in such manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the Municipality, or 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. (Ref. 16 -240, 18 -1720 RS Neb) (Ord. No 1369, 2/24/76). Article 5. Nuisances Sec. 4 -505 NUISANCES. VIOLATION AND PENALTIES. It shall be unlawful for any person to maintain, use, place, deposit, leave, permit, or create or in any other way allow a nuisance as defined in Sections 4 -501 or 4 -504 inclusive, and any person found in violation hereof shall be deemed guilty of a Class III misdemeanor and shall be subject to for the first offense in any one calendar year the sum of one hundred dollars ($100.00), for the second offense in any one calendar year the sum of one hundred fifty dollars ($150.00), and for the third and subsequent offenses in any one calendar year the sum of two hundred dollars ($200.00). Further, the penalty shall include the reasonable costs of any cleanup expended by the Municipality. Each day a nuisance is permitted to exist shall be deemed a separate violation hereunder. (Ref. Ord. No. 1574)