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The Douglas County Weed Control enforces the Douglas County Zoning Regulation -- Weed Abatement -- on lots for the Subdivisions and unincorporated areas outside the corporate City Limits of Omaha. This includes areas inside of the City of Omaha "3-mile" zoning area.

This regulation maintains that the nuisance and/or noxious weeds on these lots must remain below 24 inches in height. When the Control Authority receives a complaint or observes a violation of this regulation, a "10-day" notice (in the same manner as a Noxious Weed notice) will be issued to the property owner. If the owner fails to control their weeds, the Control Authority will provide control and levy charges against the property.

Where does this regulation apply?
What does this regulation mean?
What are nuisance weeds?
What is a noxious weed?
What happens if the property owner does not pay the levy charges?
How will the property owner know that the Control Authority has levied charges against their property?
How many days after the lien is placed on the property will the charges start bearing interest?
Can the property owner protest the charges levied?
What happens if the property owner is notified by the Fire Department to control weeds?


Where does this regulation apply?

Subdivisions and unincorporated areas outside the City of Omaha including the 3 mile area of zoning jurisdiction for the City of Omaha.

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What does this regulation mean?
Any nuisance and/or noxious weeds must remain less than 24 inches in height. If the Control Authority receives a complaint or observes a violation, the owner will be given a 10 day notice.  If the weeds are not controlled within the this period, the Noxious Weeds Control Authority will cut the weeds and levy charges against the property.  The property owner will be advised of the charges.

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What are nuisance weeds?

bindweed (Convolvulus arvensis)

  • puncture vine (Triculus terrestric)
  • perennial peppergrass (Lepidium draba)
  • Russian knapweed (Centaurea pcris)
  • Johnson grass (Sorghum halepense)
  • quack grass (Agropyron repens)
  • perennial sow thistle (Sonchus arvensis)
  • horse nettle (Solanum carolinense)
  • bull thistle (Cirsium lanceoatum)
  • buckthorn (Rahmus sp.)
  • (tourn) hemp plant (Cannabis sativa)
  • rag weed (Amborsiaceae)
  • Horseweed (Conyza canadensis L.)
  • Marshelder (Iva xanthifolia (Nutt.)
  • Field Pennycress (Thlaspi arvense L.)
  • Kochia (Kochia scoparia L.)
  • Velvetleaf (Abutilon theophrasti Medic.)
  • Curly Dock (Rumex crispus L.)
  • Pennsylvania Smartweed ( Polygonum pensylvanicum L.)
  • Common Mullein (Verbascum thapsus L.)
  • Common Sunflower (Helianthus annuus L.)
  • Common Ragweed (Ambrosia artemisiifolia L.)
  • other vegetation considered to be weeds listed in the Weeds of Nebraska and the great Plains published by the Nebraska Department of Agriculture, 2nd Edition, 1995 and any subsequent edition (excluding trees and plants that are planted or grown as part of a maintained landscaped area)

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What is a noxious weed?

  • Leafy spurge (Euphorbia esula)
  • Canada thistle (Cirsium arvense)
  • Musk thistle (Carduus nutans)
  • Plumeless thistle (Carduus acanthoides)
  • Spotted knapweed (Centaurea maculosa)
  • Diffuse knapweed (Centaurea diffusa)
  • Purple Loosestrife (Lythrum salicaria, Lythrum virgatum, and all hybrids and cultivars)
  • any other weeds designated as noxious by the NE Department of Agriculture

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What happens if the property owner does not pay the levy charges?
If the owner does not pay the charges within 60 days, the charges will be presented before the County Board of Commissioners and the board will certify to the County Treasurer the amount of the expenses and the County Treasurer will place a lien on the property.  This lean will be treated the same as taxes and will incur interest until paid.

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How will the property owner know that the Control Authority has levied charges against their property?
The property owner will receive notification via certified mail or delivered to the owner's place of residence.

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How many days after the lien is placed on the property will the charges start bearing interest?
The lien will become delinquent 50 days after it is filed.

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Can the property owner protest the charges levied?
Yes.

  • Protest of Charges - If any person is dissatisfied with the amount of any charge made against them by the Noxious Weed Control Superintendent for control work, they may, within fifteen days after being advised of the amount of the charge, file a protest with the County Board.

    The County Board shall hold a hearing to determine whether the charges were appropriate, taking into consideration whether the control measures were conducted in a timely fashion. Following the hearing, the County Board shall have the power to adjust or affirm such charge.
  • Appeal of Charge - Any person who, in accordance with the section above, is dissatisfied with the decision of the County Board for control work performed, may appeal the decision, and the appeal shall be in accordance with the Administrative Procedure Act.

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What happens if the property owner is notified by the Fire Department to control weeds?
During fire danger period, October 15th to May 1st, a property owner who receives a notice from the Fire Department, will have 24 hours to comply. If they fail to comply with the notice, they will be guilty of a misdemeanor and will be subject to penalty.  If the notification from the Fire Department is regarding weeds around any pile of lumber, oil tank, or other flammable material, the property owner also needs to scrape the surface of the ground within 15 feet of the flammable material.

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