[Adopted 8-15-2017 by Ord. No. 2017-9]
It is the intent of this chapter to prevent and abate nuisances within the municipal boundaries of the City of Lincoln. For the purposes of this chapter, the word "nuisance" is defined as any act, omission or property condition that is detrimental to the health, safety and welfare of the public in that it:
A. 
Injures or endangers the comfort, repose, health or safety of others;
B. 
Is offensive to the senses;
C. 
Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
D. 
In any way renders other persons insecure in life or the use of property; or
E. 
Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
[Adopted 8-15-2017 by Ord. No. 2017-9]
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
TRAILER
Any freewheeling object designed or intended to be pulled or towed behind a motor vehicle, regardless of whether wrecked or inoperable, and regardless of whether currently inspected and/or registered, including without limitation the following: boat trailers; camper trailers; cargo trailers; special trailers for items such as golf carts or motorcycles; utility trailers; and farm implement trailers.
[Adopted 8-15-2017 by Ord. No. 2017-9]
It shall be unlawful for any person or entity to cause, permit, maintain or allow the creation or maintenance of a nuisance.
[Adopted 8-15-2017 by Ord. No. 2017-9]
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
A. 
Noxious weeds and other rank vegetation. Grass and weeds allowed to grow over six inches in height shall be deemed a violation of this section;
B. 
Accumulations or storage of rubbish, garbage, materials, metals, lumber, tires, and other materials;
C. 
Any condition that provides harborage for rats, mice, snakes, mosquitoes and other vermin;
D. 
Dilapidated structures;
E. 
All unnecessary or unauthorized noises and annoying vibrations, including animal noises;
F. 
All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes that give rise to the emission or generation of such odors and stenches;
G. 
The carcasses of animals or fowl not disposed of within a reasonable time after death;
H. 
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances;
I. 
Any building, structure or other place or location where any activity that is in violation of local, state or federal law is conducted, performed or maintained;
J. 
Any accumulation of stagnant water permitted or maintained on any lot of piece of ground;
K. 
Dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities;
L. 
Graffiti;
M. 
Inoperable or abandoned motor vehicles;
N. 
The use of tarpaulins, canvas, plastic, oil cloth, sheeting and other similar materials as fencing or to shield or enclose any structure (including, without limitation, openings for windows, doors, walls, roofs, garage doors or carports) except when temporarily necessary to perform repairs under a properly issued building permit.
[Adopted 8-15-2017 by Ord. No. 2017-9]
A. 
The Mayor or his designated representative is authorized to issue a clean-up order, in writing, to any property owner found to be in violation of § 5.12.03 following an inspection by City officials.
B. 
Clean-up orders shall be served on the owner of real property or a nonowner occupant of real property in one of the following ways: by certified mail, return receipt requested; by personal delivery by a police officer; or by personal delivery by a code enforcement officer. Notice mailed to an owner is sufficient if mailed to the address on file with the County Assessor's office. If a prior attempt at service is unsuccessful, notice may be served by conspicuously posting a copy of the clean-up order on the front door of the property. Notice to nonresident owners or owners whose whereabouts are unknown shall be had in accordance with A.C.A. § 14-54-902.
C. 
A clean-up order issued under this section shall specifically state the offending conditions and direct the owner to abate the offending conditions in not fewer than seven days.
[Adopted 8-15-2017 by Ord. No. 2017-9]
If the owner, owners, or nonowner occupant served with the clean-up order pursuant to § 5.12.05 fails to abate the offending conditions within the time provided in the clean-up order, the City may pursue any of the nonexclusive remedies provided in this chapter.
[Adopted 8-15-2017 by Ord. No. 2017-9]
Failure to comply with a validly issued clean-up order pursuant to § 5.12.05 shall be an unclassified misdemeanor. Each day that the offending condition exists beyond the day such person is served with a citation shall be considered a separate offense. Any person found guilty by an appropriate court of law shall be fined no less than $10 per day and no more than $100 per day for such violation. If a person is found guilty of a second offense occurring within the same calendar year, the minimum fine shall be $25 per day. If a person is found guilty of a third offense occurring within the same calendar year, the minimum fine shall be $50 per day.
[Adopted 8-15-2017 by Ord. No. 2017-9; amended 9-21-2021 by Ord. No. 2021-23]
A. 
Failure to comply with a validly issued clean-up order pursuant to § 5.12.05 shall entitle the City to enter upon the property and abate the nuisance or to contract with third parties to abate the nuisance. In the case of excessive grass and weeds, the City shall be entitled to continually abate such offending conditions no more often than once every 30 days throughout the growing season (April 1 through October 1 of every year). Any costs of abatement shall be charged against such property and shall constitute a lien thereon. Enforcement of any such lien may be had pursuant to A.C.A. §§ 14-54-903 and 14-54-904.
B. 
If, in the scope and course of abating the nuisance, City officials find it necessary or prudent to discontinue or disconnect any City service, including but not limited to water, sewer or solid waste service, City officials are authorized, after an order of a court of competent jurisdiction or a duly adopted and approved resolution declaring the property to be a nuisance, to discontinue or disconnect such service or services as may be necessary in furtherance of abating the nuisance.