ORD 38293 - Amend section 43-6 of municipal code providing that business owner may be found to be nuisance under section 18-3(q) I
a ow.HA;n.4, ,
oF o� Law Department
�4*,,ILO,w� 'RECEIVED
�' Prosecution Division
� vA►z..� , �
ti M �q, �a. Hall of Justice
'� � 08 OCT 31 Ati 10: 22
17&Parnam Street,2 West
PA ry,
Omaha,Nebraska 68183
OR'/ D FEBik . CITY CLERK (402)444-5290
City of Omaha O M A H A, N E iB Rs ASK A Martin J.Conboy III
Mike Fahey,Mayor City Prosecutor
J.Michael Tesar
Chief Deputy City Prosecutor
Honorable President
and Members of the City Council,
The attached Ordinance has been prepared at the request of Council President Dan Welch and
Councilmember Franklin Thompson. The Ordinance amends the Omaha Municipal Code Sec.
43-6 by,providing that a business owner may be found to be a nuisance under 18-3(q) and may
have its certificate of occupancy revoked and that provision will not apply where the owner has
posted notice that'the property is closed.
Adoption of this Ordinance is recommended.
Respectfully submitted,
Martin J. Conboy III
City Prosecutor
PILAW-CITY COUNCIL DOCUMENTS\2008\30168dIm
EGAL EDITOR
City Clerk
11-26-08 of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
• published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
November 26, 2008
That s '� per during that time was re: sly published and
in ge qpilecid • • the County of Douglas, . • of Nebraska.
NER'• F'P j•
�/
Subscribed in my pre ce and sworn to before
• NOTARY 2Q
16erV¢Q4IISSIgN me this 26th d of
EXPIRES
•
A •tiohal Copies $ 2
j 10 0
c1 • 2tag'.20
q'OF NEB>` Not Pu lic• and for ouglas County,
ate of Nebraska
y,
fate of Nebraska
40 Section 2. That Section 36-149 of the Omaha Municipal Code as heretofore existing is
41 hereby repealed.
s one of the conditions
of their curfew ordinance.
The fifth proposed change involves the carrying of concealed weapons. Under our
current ordinances, there are no minimum sentences for either carrying of a concealed weapon or
firing such a weapon in public. All are simply subject to the general penalties of the City of
Omaha. This proposal would involve two suggested changes. The first would involve concealed
weapons. Under the new proposal, in any case where the concealed weapon was a concealed
firearm, the sentence would be required to include 30-days minimum jail time. Under the second
proposal, § 20-196 would also be changed to include that any firearm fired on public property in
the City of Omaha would require a minimum of 30 days in jail. These two proposals would be
designed to ensure a minimum sanction for people unlawfully carrying or firing any firearm in
at the location of such nuisance. Section
B of that amendment would say, "In any case involving a violation of § 18-3(R), there shall be
te of Nebraska
participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
14. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received documentation demonstrating that the state or local governing body review and/or community
notification requirements have been met and has issued a Grant Adjustment Notice(GAN)releasing this special
condition.
15. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate
jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
•
OJP FORM 4000/2(REV.4-88) •
oxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity. /1
OJP FORM 4000/2(REV.4-88)
EV.4-88)
ORDINANCE NO. c 42.5?5
1 AN ORDINANCE to amend Section 43-6, of the Omaha Municipal Code by providing that a
2 business owner may be found to be a nuisance under Sec. 18-3(q) and may have its
3 certificate of occupancy revoked and that such provision will not apply where the owner
4 has posted notice that the property is closed; to repeal Section 43-6 of the Omaha
5 Municipal Code as heretofore existing; and providing for the effective date hereof.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
7 Section 1. That Section 43-6 of the Omaha Municipal Code be amended to read as
8 follows:
9 Sec. 43-6. Penalty.
10 If the owner, contractor, lessee, firm, corporation or other individuals(s) responsible for
11 the violation shall fail to make such changes, alterations or repairs within the time set forth in the
12 notice of violation, and no extension of such time has been procured, the planning director or
13 his/her duly authorized representatives shall forward such evidence of violations to the city law
14 department for proper legal action.
15 Any person who violates any of the provisions of this chapter shall, upon conviction
16 thereof, be punished as provided in section 1-10 of this Code. Every such person, persons, firm
17 or corporation shall be deemed guilty of a separate offense for every day on which such violation
18 shall continue.
19 (a) In addition to any other penalties, the owner of any property found to be a
20 nuisance under section 18-3 (q) shall have the certificate for occupancy revoked,
21 as provided in this chapter, for all property at the location of such nuisance.
er 26, 2008
That s '� per during that time was re: sly published and
in ge qpilecid • • the County of Douglas, . • of Nebraska.
NER'• F'P j•
�/
Subscribed in my pre ce and sworn to before
• NOTARY 2Q
16erV¢Q4IISSIgN me this 26th d of
EXPIRES
•
A •tiohal Copies $ 2
j 10 0
c1 • 2tag'.20
q'OF NEB>` Not Pu lic• and for ouglas County,
ate of Nebraska
y,
fate of Nebraska
40 Section 2. That Section 36-149 of the Omaha Municipal Code as heretofore existing is
41 hereby repealed.
s one of the conditions
of their curfew ordinance.
The fifth proposed change involves the carrying of concealed weapons. Under our
current ordinances, there are no minimum sentences for either carrying of a concealed weapon or
firing such a weapon in public. All are simply subject to the general penalties of the City of
Omaha. This proposal would involve two suggested changes. The first would involve concealed
weapons. Under the new proposal, in any case where the concealed weapon was a concealed
firearm, the sentence would be required to include 30-days minimum jail time. Under the second
proposal, § 20-196 would also be changed to include that any firearm fired on public property in
the City of Omaha would require a minimum of 30 days in jail. These two proposals would be
designed to ensure a minimum sanction for people unlawfully carrying or firing any firearm in
at the location of such nuisance. Section
B of that amendment would say, "In any case involving a violation of § 18-3(R), there shall be
te of Nebraska
participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
14. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received documentation demonstrating that the state or local governing body review and/or community
notification requirements have been met and has issued a Grant Adjustment Notice(GAN)releasing this special
condition.
15. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate
jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
•
OJP FORM 4000/2(REV.4-88) •
oxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity. /1
OJP FORM 4000/2(REV.4-88)
EV.4-88)
ORDINANCE NO.
Page 2
1 In any case involving a violation of Sec. 18-3 (q), there shall be no proceedings
2 under this article if the owner of the property has first posted notice of closed
3 property under Sec. 20-156.01.
4 Section 2. That Section 20-43 of the Omaha Municipal Code as heretofore existing is
5 hereby repealed.
6 Section 3. That this Ordinance shall be in full force and take effect fifteen (15) days from
7 and after the date of its passage.
INTRODUCED BY COUNCILMEMBER
4)E APPROVED BY:
LotAnA UL // /D D$
ACTING MAYOR OF THEETY OF OMAHA DA E
PASSED NOV 1 8 2008 —/,f4he ,/
ATTEST::
CI. C ERK OF -CITY OF OMAHA DA E
APPROVED AS TO FORM:
CI PROS TOR DATE
P\LAW-CITY COUNCIL DOCUMENTS\2008\30136d1m
CIL DOCUMENTS\2008\30138dim
- 6 -
c c ,v
COFIT W C
CI ACO
a a r.
o c c F-t
k zo r, , -n o o a
„
04: v O
z Z
m
• 0%rr fD7 � o0CCr � a 0
O D rt R (5 — O N 5 (D 2 0 p\�
• 3c * mo = rt ° c ( cn3 Z cz1 it
rn• z mFiW ,a' � ^ 0 „ 0 z T
N , X. o al =• , c a m
•, a, , tD cn -n cD w =. Z 2
op
= o � 3= s , no o n) � ` m O
w -nO , (D o) G
o
� �� o � O- Cn0
w , K 0) O
an a = CD n. oi c m 3
01 7, 'C 7 (D
v a n = a. 0- Q
to cu • pi-1 = 0, eL o ,\
n ti, nO '0 p
(D 3 (.0 .
C
0 O� O � � O 4; -. ,rtw
la CDn (* `D m rt N0 v cu53 In rt 431
�--, St 01 0, Fir O ,-r r O
r !D (n 0 7 (D fD 01 -t,
rN-r 73
Cu
CD1J , • % O. (/I
Q \ ` 7 rn
� •
\ �A`, I in 2
Mil
:11
0
` , , — �o
i.sk A
__
� -1
,...., 0
a A
C . ,41 c' 0
n � `X A
, ` °°
nc F
R- z cs\
j
ies, the owner of any property found to be a
20 nuisance under section 18-3 (q) shall have the certificate for occupancy revoked,
21 as provided in this chapter, for all property at the location of such nuisance.
er 26, 2008
That s '� per during that time was re: sly published and
in ge qpilecid • • the County of Douglas, . • of Nebraska.
NER'• F'P j•
�/
Subscribed in my pre ce and sworn to before
• NOTARY 2Q
16erV¢Q4IISSIgN me this 26th d of
EXPIRES
•
A •tiohal Copies $ 2
j 10 0
c1 • 2tag'.20
q'OF NEB>` Not Pu lic• and for ouglas County,
ate of Nebraska
y,
fate of Nebraska
40 Section 2. That Section 36-149 of the Omaha Municipal Code as heretofore existing is
41 hereby repealed.
s one of the conditions
of their curfew ordinance.
The fifth proposed change involves the carrying of concealed weapons. Under our
current ordinances, there are no minimum sentences for either carrying of a concealed weapon or
firing such a weapon in public. All are simply subject to the general penalties of the City of
Omaha. This proposal would involve two suggested changes. The first would involve concealed
weapons. Under the new proposal, in any case where the concealed weapon was a concealed
firearm, the sentence would be required to include 30-days minimum jail time. Under the second
proposal, § 20-196 would also be changed to include that any firearm fired on public property in
the City of Omaha would require a minimum of 30 days in jail. These two proposals would be
designed to ensure a minimum sanction for people unlawfully carrying or firing any firearm in
at the location of such nuisance. Section
B of that amendment would say, "In any case involving a violation of § 18-3(R), there shall be
te of Nebraska
participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
14. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received documentation demonstrating that the state or local governing body review and/or community
notification requirements have been met and has issued a Grant Adjustment Notice(GAN)releasing this special
condition.
15. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate
jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
•
OJP FORM 4000/2(REV.4-88) •
oxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity. /1
OJP FORM 4000/2(REV.4-88)
EV.4-88)
NOTICE1)P ,N(v=6,
TO THE DAILY RECORD
The following Ordinance has been set for OF O1v/_ �111�A H A
City Council Hearing on November 4, /�J L
2008, at 2:00 p.m.:
AN ORDINANCE to amend Section 43-6, RONALD A. HENNINGSEN, Publisher
of the business
Municipal Code oby providingto e PROOF OF PUBLICATION
that a business owner may be found to be a
nuisance under'Sec. 18-3(q) and may have '
its certificate of occupancy revoked and that
such provision will not apply where the UNITED STATES OF AMERICA,
owner has posted notice that the property is
closed;to repeal Section 43-6 of the Omaha The State of Nebraska,
Municipal Code as heretofore existing; and SS.
District of Nebraska,
providing for.the effective date hereof.
BUSTER BROWN, County of Douglas,
City Clerk City of Omaha,
10-31-08 J.BOYD
being duly sworn,deposes and says that she is
LEGAL EDITOR
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
October 31, 2008
That • per during that time was regularly published and
in g ratk do • the County of D I u '; and State of Nebraska.
xx.
42-
'��� Ry Subscribed .y p�r sence and sworn to be
o� oNa la 6
•
�F blisher's � ` 31st me this a of
A diJtianal`� M 1
Copies $�1 `� 0 18
�Slq TE OF Notary •lic' an fo ouglas County,
ate of Nebraska
• NOTARY 2Q
16erV¢Q4IISSIgN me this 26th d of
EXPIRES
•
A •tiohal Copies $ 2
j 10 0
c1 • 2tag'.20
q'OF NEB>` Not Pu lic• and for ouglas County,
ate of Nebraska
y,
fate of Nebraska
40 Section 2. That Section 36-149 of the Omaha Municipal Code as heretofore existing is
41 hereby repealed.
s one of the conditions
of their curfew ordinance.
The fifth proposed change involves the carrying of concealed weapons. Under our
current ordinances, there are no minimum sentences for either carrying of a concealed weapon or
firing such a weapon in public. All are simply subject to the general penalties of the City of
Omaha. This proposal would involve two suggested changes. The first would involve concealed
weapons. Under the new proposal, in any case where the concealed weapon was a concealed
firearm, the sentence would be required to include 30-days minimum jail time. Under the second
proposal, § 20-196 would also be changed to include that any firearm fired on public property in
the City of Omaha would require a minimum of 30 days in jail. These two proposals would be
designed to ensure a minimum sanction for people unlawfully carrying or firing any firearm in
at the location of such nuisance. Section
B of that amendment would say, "In any case involving a violation of § 18-3(R), there shall be
te of Nebraska
participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
14. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received documentation demonstrating that the state or local governing body review and/or community
notification requirements have been met and has issued a Grant Adjustment Notice(GAN)releasing this special
condition.
15. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate
jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
•
OJP FORM 4000/2(REV.4-88) •
oxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity. /1
OJP FORM 4000/2(REV.4-88)
EV.4-88)
' I NOTICE TO PUBLIC — THE DAILY RECORD
ORDINANCE NO.3 293
Sec OF OMAHA
AN ORDINANCE to amend Section 43-6,
of the Omaha Municipal Code by providing
that a business owner may be found to be a RONALD A. HENNINGSEN, Publisher
nuisance under Sec. 18-3(q) and may have
its certificate of occupancy revoked and that PROOF OF PUBLICATION
such provision will not apply where the
owner has posted notice that the property is
closed;to repeal Section 43-6 of the Omaha UNITED STATES OF AMERICA,
Municipal Code as heretofore existing; and
providing for the effective date hereof. The State of Nebraska,
SUMMARY: SS.District of Nebraska,
AN ORDINANCE to amend Section 43-6,
of the Omaha Municipal Code by providing County of Douglas,
that a business owner may be found to be a Cityof Omaha,
under Sec. 18-3(q) and may have
its certificate of occupancy revoked and that
such provision will not apply where the J.BOYD
owner has posted notice that the property is
closed;to repeal Section 43-6 of the Omaha
Municipal Code as heretofore existing; and being duly sworn,deposes and says that she is
providing for the effective date hereof.
PASSED: November 18,2008,6-1 LEGAL EDITOR
APPROVED BY:
DANIEL J.WELCH 11/20/08 of THE DAILY RECORD, of Omaha, a legalnewspaper, printed and
ACTING MAYOR OF
THE CITY OF OMAHA published daily in the English language, having a bona fide paid
BUSTER BROWN, circulation in Douglas County in excess of 300 copies, printed in
City Cleric
11-26-08 Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
November 26, 2008
That s ' rkrtF during that time was re• •rly published and
in gen , pulata e County of Douglas, :r . t:to of Nebraska.
`• :•GEN ERA,( ri
i
NOTARY Subscribed in my p ::ice and sworn to before
•
*i COMM ISSIZB.0:0'i 26th
Pub her;_s FeeExpi$ c c me this y of
November 08
Addi nal:q?pAgs .,. '. 6
Y $
4-1
OF is(1.-•- Notary li • antfor Douglas County,
tate of Nebraska
their curfew ordinance.
The fifth proposed change involves the carrying of concealed weapons. Under our
current ordinances, there are no minimum sentences for either carrying of a concealed weapon or
firing such a weapon in public. All are simply subject to the general penalties of the City of
Omaha. This proposal would involve two suggested changes. The first would involve concealed
weapons. Under the new proposal, in any case where the concealed weapon was a concealed
firearm, the sentence would be required to include 30-days minimum jail time. Under the second
proposal, § 20-196 would also be changed to include that any firearm fired on public property in
the City of Omaha would require a minimum of 30 days in jail. These two proposals would be
designed to ensure a minimum sanction for people unlawfully carrying or firing any firearm in
at the location of such nuisance. Section
B of that amendment would say, "In any case involving a violation of § 18-3(R), there shall be
te of Nebraska
participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
14. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received documentation demonstrating that the state or local governing body review and/or community
notification requirements have been met and has issued a Grant Adjustment Notice(GAN)releasing this special
condition.
15. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate
jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
•
OJP FORM 4000/2(REV.4-88) •
oxicity;and(iv)arrange for any follow-up
medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity. /1
OJP FORM 4000/2(REV.4-88)
EV.4-88)