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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 That Section 36-149 of the Omaha Municipal Code as heretofore existing is 41 hereby repealed.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)