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Service of Notice
Non-Compliance with Notice
Property Liability - Assessment Plan
Assessment Levy
Clearance of noxious and/or nuisance weeds from property
Weeds near lumber yard, oil tanks or other flammable material
Violations - Penalty
Severability


Service of Notice
The notice provided for in the above shall be deemed sufficiently served by certified U.S. postal delivery of the official copy thereof to the owner or owners of the property according to the records of the County Register of Deeds records with return receipt required; or by leaving the official copy thereof at the usual place of residence of the owner or owners.

To the extent, applicable sections and any amendments thereto shall be complied with regarding such publications.

In event of refusal to accept delivery thereof, then such refusal to accept or receive delivery shall be deemed to and shall constitute receipt of such notice.

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Non-Compliance with Notice
At the expiration of the time stated in the notice provided for above, if the owner or owners of the property fails or fail to comply therewith, the Noxious Weed Control Superintendent or an authorized agent of the County, may cause said noxious and/or nuisance weeds to be cut and destroyed and said noxious and/or nuisance weeds shall remain as specified in the Section above.

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Property Liability - Assessment Plan
At least once each calendar year after any cutting of noxious and/or nuisance weeds as above provided, the Noxious Weed Control Superintendent shall report to the County Board the description of the respective properties upon which any noxious and/or nuisance weeds:

  • were caused to be cut
  • sprayed
  • removed
  • the dates thereof
  • the respective names of the owners of the properties
  • the costs (as specified in the Section above)

to be assessed upon such respective properties for such cutting of noxious and/or nuisance weeds.

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Assessment Levy
The County Board shall, and it is hereby empowered to, levy upon the property upon which any noxious and/or nuisance weeds have been cut, sprayed or removed by direction of said Noxious Weed Control Superintendent, as provided for above, the above specified costs thereof, the same to be levied and collected in the same manner as is provided by law for the assessment and levy of special taxes and assessments.

The assessment levied shall become due, payable and delinquent fifty days thereafter and shall bear interest at the same rate provided by the Statutes of the State of Nebraska or interest on delinquent special assessments. All said assessments shall be levied by Resolution and the County Clerk shall deliver a copy of said Resolution, with usual Warrant thereto attached to the County Treasurer, who shall collect the said assessment in the manner prescribed by law for collection of other special taxes and assessments.

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Clearance of noxious and/or nuisance weeds from property - Functions
October 15 to May 1st: It shall be the duty of every owner or occupant or person in control of any lot or parcel of ground within the unincorporated villages and subdivisions of the County of Douglas to cut, as close to ground level as possible and not over four inches above ground level, and to clear the same and one-half of the streets and alleys abutting thereon of all noxious and/or nuisance weeds throughout the period of October 15 to May 1.

Any such owner or occupant having control of any such real estate, who shall fail or neglect to comply with the provisions of this section within 24 hours after being notified to do so by the Chief of the Fire Department, a Fire Inspector, or any member of the Fire Department, shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to the penalty hereinafter provided.

It is hereby made a function of the Fire Department to do everything possible to eliminate the hazard of noxious and/or nuisance weed fires.

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Weeds near lumber yard, oil tanks or other flammable material
If there is a lumber yard, oil tanks, or tanks containing any flammable material upon any lot or parcel of land within the unincorporated villages and subdivisions of the County of Douglas in a wooden building, and near where there exists any noxious and/or nuisance weeds, the Chief of the Fire Department throughout the period of October 15, to May 1,  may notify the:

  • owner
  • occupant
  • agent
  • representative
  • employee of such owner or occupant

to not only cut and remove noxious and/or nuisance weeds from such real estate, but also to scrape the surface of the ground within fifteen (15) feet of any pile of:

  • lumber
  • oil tank
  • other container
  • flammable material

of above mentioned structure so as to denude such ground of any and all parts of noxious and/or nuisance weeds which may be ignited or set on fire.

Any such person so notified who fails or neglects to comply with the provisions of this section, within 24 hours after being so notified, shall be guilty of a misdemeanor and punishable as hereinafter provided. (See previous section) 

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Violations - Penalty
Any person who violates any of the provisions of the Regulation shall be guilty of an infraction (Nebraska Revised Statutes 29-431) according to Nebraska Revised Statutes Sec. 2-955 (3A). Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense.

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Severability
If any section, sub-section, paragraph, sentence, clause, phrase, provision or part or portion of any section, sub-section, paragraph, sentence, clause, phrase or provision of this chapter, or the application thereof to any person or circumstance is held invalid or unconstitutional for any reasons, such invalidity or unconstitutionality shall not affect the validity or application of any other section, sub-section, paragraph, sentence, clause, phrase, provision or part or portion of this chapter.

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