05/11/2004 Ordinances 8903
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ORDINANCE NO. 8903
An ordinance to amend Chapter 17 of the Grand Island City Code; to amend
Sections 17-4.1, 17-4.2, and 17-4.3 pertaining to nuisance violations; to amend Sections 17-39,
17-40, 17-41 and 17-42 pertaining to junked vehicles; to repeal Sections 17-4.1, 17-4.2, 17-4.3,
17-39, 17-40, 17-41, and 17-42, as now existing, and any ordinance or parts of ordinances in
conflict herewith; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 17-4.1 of the Grand Island City Code is hereby amended to
read as follows:
~17-4.1. Penalty for Violation
Any person violating ~ 17-4 shall upon conviction be deemed guilty of a code violation misdemeanor. Each
day shall constitute a separate offense and be punishable as provided in this Code.
SECTION 2. Section 17-4.2 of the Grand Island City Code is hereby amended to
read as follows:
~17-4.2. Notice to Remove; Noncompliance with Notice
Whenever it shall come to the knowledge of the Health Director or the Code Compliance Officer or their
his/her designee, that there exists upon such lot or parcel of ground such nuisance, the Health Director or Code
Compliance Officer or their hisfher-designee shall cause a notice to abate and remove said nuisance within five (5)
days to be served upon the owner or the owner's authorized agent, and upon the tenant or occupant of said premises.
Said notice shall be served either in person or by mailing such notice by first-class mail. postage prepaid and by
certified or registered mail. If such owner, lessee, tenant, or occupant shall have failed or refused to abate and
remove such nuisance at the expiration of the date fixed upon such notice, the Director of Health or the Code
Compliance Officer or their hisfher-designee may cause such nuisance to be removed from such parcel or lot, and
from any roads, streets, or alleys abutting thereon as set forth in Section 17-4.3 of this Chapter.
SECTION 3. Section 17-4.3 ofthe Grand Island City Code is hereby amended to
read as follows:
~17-4.3. Procedure for Removal for Noncompliance
If the Health Director or Code Compliance Officer determines that there exists upon any lot or parcel of
ground the conditions described above in such a manner as to constitute an immediate nuisance and hazard to the
public health and safety, the director or Code Compliance Officer shall request the Mayor to declare that such an
Approved as to Form Xl
May 12, 2004 Xl City Attorney
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ORDINANCE NO. 8903 (Cont.)
immediate public nuisance exists, and after any such declaration, the Health Director or Code Compliance Officer
shall cause to be issued a written notice to abate and remove such public nuisance from such lot or parcel of land
within twenty-four (24) hours. Said notice shall be served by personal service upon the owner or the owner's
authorized agent, and to any tenant, lessee, or occupant of the premises. If such owner, tenant, lessee, or occupant
shall have failed or refused to abate and remove such nuisance at the expiration of the twenty-four (24) hours from
delivery of the notice, the Health Director or Code Compliance Officer shall cause such nuisance to be removed
from such parcel or lot and from any roads, streets, or alleys abutting thereon.
SECTION 4. Article IV. of Chapter 17 of the Grand Island City Code is hereby
renamed "Unlicensed or Inoperable Vehicles".
SECTION 5. Section 17-39 of the Grand Island City Code is hereby amended to
read as follows:
~17-39. Definitions
The following definitions are applicable to all Code sections pertaining to unlicensed junked or inoperable vehicles:
(1) Unlicensed Vehicle Junked Vehicle means any vehicle as defined in Chapter 22 of the City Code which is ffi
storage and is inoperable or totally or partially '.",reeked or dismantled, or which does not display valid license
plates.
(2) Building means a structure with four walls and a roof erected in compliance with the city building codes.
_(3) Ster-age means placemeHt, maintenanee, or keeping for any length of time in exeess of seventy two hours.
.Q}(4j Wrecked means a vehicle that has been damaged to such an extent that such vehicle, if operated on the
streets or highways, would be in violation of one or more state statutes or city code sections pertaining to the
condition of vehicles being operated on the alleys, streets or highways.
ill~ Dismantled means lacking any vehicle part, the absence of which, if such a vehicle were operated on the
streets or highways, would cause such vehicle to be in violation of one or more state statutes or city code
sections pertaining to the condition of vehicles being operated on the alleys, streets or highways.
illE61 lnoverable means having one or more parts necessary for the operation of a vehicle either not attached to
such vehicle or in non-working condition, including but not limited to a fully charged battery and all tires fully
inflated. Inoperable shall include totally or partially wrecked or dismantled vehicles.
SECTION 6. Section 17-40 of the Grand Island City Code is hereby amended to
read as follows:
~ 17 -40. Unlicensed or InooerableJ onked Vehicles; Public Nuisances
The storage of any unlicensed or inoperable ilmked-vehicle or any vehicle parts on any tract of land within
the City of Grand Island shall be deemed a public nuisance and may be abated pursuant to ~20-15 of the Grand
Island City Code upon written request by the Grand Island Police Department or the Code Compliance Officer to the
City Attorney pursuant to ~20-15 of the Grand Island City Code. It shall be unlawful for any owner, owner's duly
authorized agent or person in possession, charge or control, or the occupant of such a tract to cause, maintain, or
permit such public nuisance to exist on said property, except in a manner as set forth below.
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ORDINANCE NO. 8903 (Cont.)
SECTION 7. Section 17-41 of the Grand Island City Code is hereby amended to
read as follows:
~17-41. Storage of Unlicensed or InoperableJuRked Vehicles
Unlicensed or inoperable JUBked vehicles and vehicle parts, whether junked, salvaged, or new, may be stored:
(1) On any tract being used as a salvage yard, which is in full compliance with all city code sections
pertaining to such businesses, including zoning.
(2) On any tract being lawfully used for a business activity related to unlicensed or inoperable j-lmked
vehicles, such as an automotive body shop, so long as the unlicensed or inoperable junked vehicles and parts are
stored in an area that is screened from adjoining property and the public right-of-way by a sight-obscuring fence at
least six feet in height, or such unlicensed or inoperable j-lmked-vehicles and ~parts are removed from
the premises within fourteen days of becoming junked; provided, that unlicensed or inoperable junked vehicles
being displayed for sale as whole units by a licensed automobile dealer are not subject to this screening requirement.
(3) On any other tract, so long as such unlicensed or inoperable j-lmked-vehicles and such vehicle parts are
placed within a building.
SECTION 8. Section 17-42 of the Grand Island City Code is hereby amended to
read as follows:
~17-42. Removal of Unlicensed or InoperableJuRked Vehicles
(A) The chief of police or any police supervisor may cause the removal of any unlicensed or inoperable j-lmked
vehicle or j-lmked-vehicle parts:
(1) from any public property; or
(2) from any private property with the permission of the owner or occupant thereof or by authority of a Court
order.
(B) The towing, impoundment, and disposal provisions set forth in Chapter 22 shall be applied to all unlicensed or
~vehicles and j-lmked-vehicle parts removed under authority of this section.
SECTION 9. Sections 17-4.1, 17-4.2, 17-4.3, 17-39, 17-40, 17-41 and 17-42 as
now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are,
repealed.
SECTION 10. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
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ORDINANCE NO. 8903 (Cont.)
Enacted: May 11, 2004.
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
Ordinance 118903 was pulled from the Agenda of the May 11, 2004 City
Council Meeting to a later date.
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