Weed Abatement

          County Weed Abatement Regulations
                                (24 inches)

The Douglas County Weed Control enforces the Douglas County Zoning Regulation --
Weed Abatement -- on lots the Subdivsions and unincorporated areas outside the coporate
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 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.

                 DOUGLAS COUNTY ZONING REGULATION-
                                WEED CONTROL AND ABATEMENT

Any owner, agent, occupant, or person in possession, charge or control of any lot or ground or any part of any lot, within the unincorporated villages and subdivisions of the County of Douglas, upon which shall be allowed or maintained any growth of twenty-four (24) inches, or more, of noxious (defined in paragraph 2) and/or nuisance weeds (defined in paragraph 3), shall be guilty of maintaining a nuisance and an official notice shall be issued to the owner. In case of noncompliance with the notice, the Noxious Weed Control Superintendent shall arrange for the noxious and/or nuisance weeds to be cut and destroyed and the owner shall be advised of costs incurred. The cost of any such control shall be at the expense of the owner. In addition, the Noxious Weed Control Superintendent shall thereupon file in the County Register of Deed's office an official notice of pending special weed control assessments against the property where noxious and/or nuisance weeds were cut and destroyed.

As used and applied in this section, noxious weeds shall mean and include: Leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), Musk thistle (Carduus nutans), Plumeless thistle (Carduus acanthoides), Spotted knapweed (Centaurea maculosa), and Diffuse knapweed (Centaurea diffusa), Purple Loosestrife (Lythrum salicaria, Lythrum virgatum, and all hybrids and cultivars) and any other weeds designated as noxious by the NE Department of Agriculture.

As used and applied in this section, nuisance weeds shall mean and include: 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.), and 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).

GROWTH OF NOXIOUS AND/OR NUISANCE WEEDS PROHIBITED

It shall be the duty of each owner, agent, occupant, or person in possession, charge or control of any lot, or ground, or any part of any lot within the unincorporated villages and subdivisions of the County of Douglas to cut such lot or ground, together with one-half of the streets or alleys abutting thereon, of all noxious and/or nuisance weeds. Such noxious and/or nuisance weeds shall be cut as close to the ground level as possible and shall be maintained so that the noxious and/or nuisance weeds do not extend twenty-four or more inches above the ground.

DUTY TO CUT NOXIOUS AND/OR NUISANCE WEEDS

Whenever it is brought to the attention of the Noxious Weed Control Superintendent that noxious and/or nuisance weeds are, permitted to grow to the height of twenty-four (24) inches or more, the Noxious Weed Control Superintendent shall issue a written notice to the owner or owners of the property, instructing the owners to cut and destroy the noxious and/or nuisance weeds.

The notice shall specify: That the noxious and/or nuisance weeds shall be cut by the owner or owners within a period of ten(10) days from the receipt of the notice. In case the owner or owners fail to comply with the notice within the time specified, the Noxious Weed Control Superintendent, or an authorized agent of the County, shall arrange for the noxious and/or nuisance weeds to be cut and destroyed; and the owner shall be advised of costs incurred. The cost of any such control shall be at the expense of the owner. In addition, the Noxious Weed Control Superintendent shall immediately cause to be filed in the Register of Deed's office notice of possible weed control assessments against such property upon which the control measures were used. If unpaid after a period of 60 days, the Noxious Weed Control Superintendent shall report the unpaid costs to the County Board, who then shall certify to the County Treasurer the amount of such expense and such expense shall become a lien on the property upon which control was taken. The County Treasurer shall add such expense to and it shall become a special assessment upon such land and shall bear interest at the same rate as taxes.

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.

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.

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 or removed, the dates thereof, the respective names of the owners of the properties, and the costs (as specified in the Section above) to be assessed upon such respective properties for such cutting of noxious and/or nuisance weeds.

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.

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 PROTEST

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.

OCTOBER 15TH TO MAY 1ST CLEARANCE OF NOXIOUS AND/OR NUISANCE WEEDS FROM PROPERTY - FUNCTIONS

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, and 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.

WEEDS NEAR LUMBER YARD, OIL TANKS OR OTHER FLAMMABLE MATERIAL

If there be a lumber yard, oil tanks, or tanks containing any flammable material in a wooden building, or any other flammable material upon any lot or parcel of land within the unincorporated villages and subdivisions of the County of Douglas, and near which there exists any noxious and/or nuisance weeds, throughout the period of October 15, to May 1, the Chief of the Fire Department may notify the owner or occupant, agent, representative or employee of such owner or occupant, not only to cut and remove the noxious and/or nuisance weeds from such real estate, as provided in the Section above, but also to scrape the surface of the ground within fifteen (15) feet of any pile of lumber, oil tank, or other container or flammable material, or 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.

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.

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.