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11/09/2004 Ordinances 8941 I I I ORDINANCE NO. 8941 An ordinance to amend Chapter 17 of the Grand Island City Code; to amend Sections 17-2, 17-4.2, 17-4.3, and 17-40 pertaining to enforcement of nuisances by employees of the City of Grand Island; to repeal Sections 17-2, 17-4.2, 17-4.3, and 17-40 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 17-2 of the Grand Island City Code is hereby amended to read as follows: ~17-2. Duty of Department of Health The Grand Island-Hall County Department of Health or employees of the City of Grand Island are hereby charged with the duty of enforcing the provisions of this chapter pertaining to the collecting, transporting, and disposing, by approved methods, of all garbage, litter, refuse, yard waste, and waste materials within the City. Approved methods of disposal for garbage, litter, refuse and waste materials are as follows: (A) By delivery to a licensed garbage or refuse collector; (B) By hauling to the City-operated sanitary or landfill transfer station and dispensing there as directed by the person in charge; provided, that the transportation conforms to the requirements of ;}17 -26; (C) By disposal of garbage in a home garbage disposal unit. Approved methods of disposal for yard waste are as follows: (A) By utilizing such yard waste in an approved backyard composting site; (B) By delivery to a licensed garbage collector in a separate yard waste collection service; (C) By hauling to the City-operated composting site, which is adjacent to the City's transfer station, and dispensing there as directed by the person in charge. 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, his or her designee or employees of the City of Grand Island, that there exists upon such lot or parcel of ground such nuisance, the Health Director, his or her designee or employees of the City of Grand Island 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, his or her designee or employees of the City of Grand Island 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. Approved as to Form I:l November 10, 2004 I I I ORDINANCE NO. 8941 (Cont.) SECTION 3. Section 17-4.3 of the Grand Island City Code is hereby amended to read as follows: ~17-4.3. Procedure for Removal for Noncompliance If the Health Director, his or her designee or employees of the City of Grand Island determine 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, his or her designee or employees of the City of Grand Island shall request the Mayor to declare that such an immediate public nuisance exists, and after any such declaration, the Health Director, his or her designee or employees of the City of Grand Island shall cause to be issued a written notice to abate and remove such public nuisance from such lot or parcel ofland 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, his or her designee or employees of the City of Grand Island shall cause such nuisance to be removed from such parcel or lot and from any roads, streets, or alleys abutting thereon. SECTION 4. Section 17-40 of the Grand Island City Code is hereby amended to read as follows: ~17-40. Unlicensed or Inoperable Vehicles; Public Nuisances The placement of any unlicensed or inoperable 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 920-15 of the Grand Island City Code upon written request by the Grand Island Police Department pursuant to 920-15 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. SECTION 5. Sections 17-2, 17-4.2, 17-4.3, and 17-40 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 6. That this ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. - 2 - I I I ORDINANCE NO. 8941 (Cont.) Enacted: November 9, 2004. Attest: QS\n~ ti2LD~ RaNae Edwards, City Clerk - 3 - <It>' ~ I- f , i i ~-ANDI' {;;- Q <; ..........: S'<' " "1 i:...\ f;"~ (1t'>~ 11. ~() to. ~,\)R?Of?11~\~%, ,~<< ~ CZYz". fj) 'l"<,'"1."J({) :tl, f"":"\ !Jte. 1O.l\l1~. 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