RES 2006-0400 - Costs for cutting of weeds •
O�0NIAHA,,y4e� Parks,Recreation &
�4° �1 � RECEIVED Public Property Department
z e����j�+!► kl - �q t„ Omaha/Douglas Civic Center
®� P1 J {� �, 06 APR — + AM 10 51 1819 Farnam Street,Suite 701
o'F= +' 4 (( Omaha,Nebraska 68183 0701
OA�TED FEBRV�Q�ry p .i !r 4r I ��� ;; (402)444-5900
7 r:i 1 b+ ;i `f �;;, FAX(402)444-4921
City of Omaha Steven Scarpello
Mike Fahey,Mayor Acting Director
Honorable President
and Members of the City Council,
Under the provisions of Sections 18-21 through 18-30 of the Omaha Municipal Code, provision
is made that the City Council should, each year, fix by resolution, the amount which the City
should charge as its costs for the cutting of weeds, grass, and worthless vegetation and for the
removal of litter.
The Finance Department and the Weed and Litter Section of the Parks, Division have analyzed
various costs entering into such weed cutting activity, and have determined, item by item, that
the charged amount for personnel and equipment for the cutting of weeds, grass, and worthless
vegetation on areas of various sizes should be increased 7%. Charges are based upon such area
starting with up to 1,000 square feet and going to those areas between eleven and twelve acres.
The Finance Department and the Weed and Litter Section of the Parks Division have analyzed
the costs for removal of litter. It has been determined that these charges can only be fairly
determined on an hourly basis and such costs have been calculated based on an area which would
require up to one hour for such litter removal and on each additional one-half hour requirement.
However, the charges proposed will not result in billings that would charge back 100% of the
City's costs to the property owners. 1
A Resolution setting forth these charges, as so determined, has been prepared for such weed
cutting and/or litter removal during the year 2006, which charges, if not paid voluntarily, would
be the amount assessed against property,plus the penalties as provided in said Ordinance.
Such proposed schedule shows a 7% increase from the year 2005 for various areas. 1
It should be understood that in addition to the payment of the charges as provided in the
Resolution, any person, firm or corporation who fails to cut weeds, grass and worthless
vegetation or remove litter, or both, as required by the Ordinance, shall be charged the following
penalties in accordance with Section 18-30:
Honorable President
and Members of the City Council
Page -2-
For the first violation, a penalty in the sum of Thirty ($30.00) dollars;
For the second violation, a penalty in the sum of Seventy-five ($75.00) dollars;
For the third violation and each subsequent violation thereafter, a penalty in the sum of
One Hundred Fifty($150.00) dollars.
A Resolution fixing the amount of costs to be charged by the City for weed cutting and/or litter
removal is attached hereto, and I recommend approval of such Resolution.
Respectfully submitted, Referred to City Council for Consideration:
qt/04 levta.0.4 l
Steve Scarpello, cting Director Date Mayor's Office ate
Parks, Recreation and
Public Property Department
Approved as to Funding
a -/ S
Carol A. Ebdon di ate
Finance Director j
P:\PRPP 1\13924pjm.doc
. -• NOTICE ' .
Notice of Duty of all property owners. THE DAILY RECORD,' •
agents,occupants or persons in possession r. •
of roperty to cut weeds, grass and worth-
less vegetation end not to litter or to cause OF OMAHA r .,,,.1,
or allow litter.Including vehicular litter,to be •. ---s'�.,;
deposited thereon-or to allow such liner to RONALD A.HENNINGSEN,Publisher'' ^''1 1'
remain on such properly other than in • ., '
proper receptacles provided thereof;farther PROOF OF PUBLICATION_
• notice of duty of all property owners not to ..
park or store any vehicle or machine an rase .• .
denial property In violation of any Municipal UNITED STATES OF A1IERICA --
Law,State Statute,or Federal Law. . ,
Notice is hereby given that Chapter 18, of The State of Nebraska,
the Omaha Municipal Code requires owners. • SS,
agents,occupants or persons-In possession District of Nebraska,
or control of any lot or ground• or part County of Douglas,
thereof,In the City to cut end dear such •
property together with one-half(1f2)of the City of Omaha,
streets and alleys abutting thereon of at •
weeds, grass and worthless vegetation
which has reached the height of eighteen J.BOYD .
118)inches or more.
Such weeds,grass and worthless vegete- being duly sworn,deposes and says that she is
lion must be cut as dose to the ground level
as possible and shall be so maintained that LEGAL EDITOR
the same do not extend eighteen 1181 Inches
or more above the ground at any time and of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
such cuttings shall be raked and removed •
from such premises. published daily in the English language, having a bona fide paid
Notice is also hereby given that Chapter' circulation in Douglas Countyin p' printed of the Omaha Municipal Code asg excess of 300 copies, in
amended requires owners, agents, oasts- Omaha,in said County of Douglas,for more than fifty-two weeks last
pants or persons,n orpossession artthereof,or cIn theol Cityof
past;that the printed notice hereto attached was published in THE 1
any lot or ground, pert in
of Omaha not to liner or to cause or allow lit- DAILY RECORD,of Omaha,011
ter las defined in said Ordinance) to be de-
posited thereon or to allow litter to remain March 6 10, 13, 14, 15, 16, 17 on such property, other than In proper re- a 7, 8, 9, ,
ceptades provided therefore. 20, 21, 22, 23 and 24, 2006
Notice is further given that it shall be un-
lawful for a person who owns or who is in
control of any property to fail or refuse to
keep such properly free of litter,to prevent
litter from being carried or deposited by the Tl3a •-r- ' er during that time was rarly published and
elements beyond such property or to allow .�,
litter to
is remain
ron nr given such
rtope rt shell be un• In �t�_ 1 F �.Y , the County of Dougl tate of Nebraska.
No - ''t^t_RA/' r
lawful for any person who owns-or.Is in . .�• f _
control of any property to place,cause to be
placed,or allow to remain on his property t�- •: l Subscribed in :p sestet and sworn to before
any vehicular liner or any vehicle or vehicles • •••• j �• '1.( f%
or pans thereof which are as set forth in �p. (�f''•',:. • ,I261. 24th
Section 18-21 of said Ordinance. provided, Lis,gasher'8 PCs,;!,<L'.. me this day of
however,that sold Section shall not apply to. -' rch 06
any vehicle which qualifies as en historic or Ad itioflal gopies 11 _
special interest vehicle es defined in Sections . ',51'li r'?�
60-311.15 through 60-311.20 Revised '< Jj'• �,..... j2�1r:'88 p
Statues of Nebraska 1943, as emended,or �" _ n ` `-�.•'-} /// L/�)/A 6
to any vehicle which is kept in the'operation ` "��� NO na tea'jell oust ,
of a business pursuant to any Municipal - ��_._._- �w� lIIVVV/// ale of Nebraska
Ordinance or is kept within a garage. •
Notice is further given that It shall be un
lawful for any person to park or store any •
vehicle,machine,or ports thereof in viola-
tion of the Municipal Code,State Statutes or
Federal law. Notice Is further given that .. -,.
whenever the City end through i6
authorized representative determines That
any litter es defined In Section 18-21 or other
condition prohibited by Chapter 18 of the
Omaha Municipal Code, causes Imminent
danger to public health,safety or welfare.2
may remove such litter or remedy such
condition,at the expense of the owner of the
land on which suds liner is found.
Furthermore, if the owners, agents, oc-
cupants or persons in possession or control
of any such property shall fag to so cut end
dear said property as above described,the
City may cause such weeds, 'grass and •
worthless vegetation to be cut or sprayed or
such litter to be removed•or any combina-
tion thereof, and assess the.actual cost
thereof In amounts as determined by Reso-
lutIon at the City Council during the month
of April in each year upon the property in
the same manner as special assessments
and shall hero the right to continue the
cutting of such weeds at anytime after the
dates provided until new growth of the
following year. •
Furthermore,In addition to the payment
of the actual costs as provided in Section 18-
28 and the penalty for violations provided In
Section 18-30 hereof,any person,'firm or
corporation who falls to cut weeds. grass
end worthless vegetation,or to remove lit-
ter,or both,as required by this Chapter shell
be subject to the following penalties:
For the first violation a penalty in the sum
at Thirty Dollars 1530.001:for the second via-
lotion,a penalty in the sum of Seventy-Five
1575.001: for the third violation and each
subsequent violation thereafter,a penalty In
the sum of One Hundred-Fifty Dollars
(5150.00).
In the event any person.firm•or corpora-
lion fails to pay the costs of the penalty as
above provided, the City may assess the
same upon the property in the same
manner as special assessments or the City
may sue any such person or persons In any
court of competent jurisdiction for the
amount of the penalty due and payable
under the terms and provisions of this
Chapter and may recover a judgment
against such person or persons for the
amount so due,together with Interest.
In addition to the penalties above set
forth,any person,who violates any of the
provisions of Chapter 18, of the Omaha
Municipal Code Is deemed guilty of a mis-
demeanor and upon conviction thereof shall
be subject to a fine in any sum not to exceed
Five Hundred 15500.00) Dollars or to be Ito- •
prisoned not to exceed six 16)months in lag
or any combination of such fine and Impris-
onment for each offense In the discretion of
the Court.
3-6,7,8,9,10,13.14,15,16,17,20,21,22,23,24-
06....._..... .....
• . . /r`'—'7;›,„
\
'r Notice of Duty
all property owners, • THE DAILY RECORD`, _ i
agents, occupants.or persons in possession F.An �`
of property to cut weeds, grass and worth- r,+ `
less vegetation and not to litter or to cause OF OMAHA 1, r COI
{�V
or allow litter,including vehicular litter,to be k C*1 111�
deposited thereon''or to allow such litter to RONALD A. HENNINGSEN, Publisher `s �1 V
remain on such property other than in GV
proper receptacles provided thereof; further '
notice of duty of all property owners not to PROOF OF PUBLICATION_
park or store any vehicle or machine on resi- .•• �. c,,,•', ..�'. 2
dentist property in violation of any Municipal UNITED STATES OF AMERICA �'
Law,State Statute,or Federal Law. .
Notice is hereby given that Chapter 18, of The State of Nebraska,
the Omaha Municipal Code requires owners, • SS.
agents, occupants or persons in possession District of Nebraska,
or control of any lot or ground, or part County of Douglas,
thereof, in the City to cut and clear such
property together with one-half (1/2)of the City of Omaha,
streets and alleys abutting thereon of all •
weeds, grass and worthless vegetation J.BOYD
which has reached the height of eighteen
(18)inches or more.
Such weeds, grass and worthless vegeta- being duly sworn,deposes and says that she is
Lion must be cut as close to the ground level
as possible and shall be so maintained that LEGAL EDITOR
the same do not extend eighteen (18)inches
or more above the ground at any time and of THE DAILY RECORD of Omaha, a legal newspaper, printed and
such cuttings shall be raked and removed + g
from such premises. published daily in the English language, having a bona fide paid
Notice is also hereby given that Chapter• circulation in Douglas Countyin printed in
18, of the Omaha Municipal Code as g excess of300 copies,+
amended •requires owners, agents, occu- Omaha,in said County of Douglas,for more than fifty-two weeks last
pantsloto persons in or possessionrtthereof,or in theel of
City
past; that the printed notice hereto attached was published in THE
any or ground, part in City
of Omaha not to litter or to cause or allow lit- DAILY RECORD of Omaha on
ter(as defined in said Ordinance) to be de- + ma +
posited thereon or to allow litter to remain March 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
on such property, other than in proper re-
ceptacles provided therefore. 20, 21, 22, 23 and 24, 2006
Notice is further given that it shall be un-
lawful for a person who owns or who is in
control of any property to fail or refuse to
keep such property free of litter, to prevent
litter from being carried or deposited by the Th - ;"r 'e i y. ;.er during that time was r arly published and
elements beyond such property or to allow
litter to remain on such property. in + efLl •.t ,+' t the County of Dougl An tate of Nebraska.
Notice is further given that it shall be un- �� .•' :G�
lawful for any person who owns or.is in f / c \control of any property to place,cause to be /;
placed, or allow to remain on his property P,0 T,y,; / Subscribed in :presence and sworn to before
any vehicular litter or any vehicle or vehicles _p flit r.. ;C�3 2�;1 :.,
or parts thereof which are as set forth in 1u4aer's`Fke;,r,-$ t me this 24th dayof
Section 18-21 of said Ordinance, provided, Lis' ..<.-.
however, that said Section shall not apply to arch 06
any vehicle which qualifies as an historic or Ad'•itioltalACopies '.<<t.-
special interest vehicle es defined in Sections ' tJ ° lti y '...�'1,2.1T1^:46$
60-311.15 through 60-311.20 Revised `_ T to =•'•$`tom l
Statues of Nebraska, 1943; as amended, or n t�' y
to any vehicle which is kept in the operation � `yuF�t �-�� No anfl tot` u a ' oun ,
of a business pursuant to any Municipal ---�°--' e of Nebraska
Ordinance or is kept within a garage.
Notice is further given that it shall be un-
lawful for any person to park or store any
vehicle, machine, or parts thereof in viola.
tion of the Municipal Code,State Statutes or
Federal Law. Notice is further given that _ . _
whenever the City and through its
authorized representative.determines that
any litter as defined in Section 18-21 or other
condition prohibited by Chapter 18 of the
Omaha Municipal Code, causes imminent
danger to public health, safety or welfare, k
may remove such litter or remedy such
condition, at the expense of the owner of the
land on which such litter is found. •
agents, occupants orpersons in possession of
Notice of Duty of all property owners, p
property to cut weeds, grass and worthless vegetation and not to litter or to cause or allow
litter, including vehicular litter, to be deposited thereon or to allow such litter to remain
on such property other than in proper receptacles provided thereof; further notice of duty
of all property owners not to park or store any vehicle or machine on residential property
in violation of any Municipal Law, State Statute, or Federal Law.
Notice is hereby given that Chapter 18, of the Omaha Municipal Code requires owners,
agents, occupants or persons in possession or control of any lot or ground, or part thereof,
in the City to cut and clear such property together with one-half(1/2) of the streets and
alleys abutting thereon of all weeds, grass and worthless vegetation which has reached the
height of eighteen (18) inches or more.
Such weeds,grass and worthless vegetation must be cut as close to the ground level as
possible and shall be so maintained that the same do not extend eighteen(18) inches or
more above the ground at any time and such cutting shall be raked and removed from
such premises.
Notice is also hereby given that Chapter 18, of the Omaha Municipal Code as amended
requires owners, agents, occupants or persons in possession or control of any lot or
ground, or part thereof, in the City of Omaha not to litter or to cause or allow litter(as
defined in said Ordinance) to be deposited thereon or to allow litter to remain on such
property, other than in proper receptacles provided therefore.
Notice is further given that it shall be unlawful for a person who owns or who is in
control of any property to fail or refuse to keep such property free of litter, to prevent
litter from being carried or deposited by the elements beyond such property or to allow
litter to remain on such property.
Notice is further given that it shall be unlawful for any person who owns or is in control
of any property to place, cause to be placed, or allow to remain on his property any
vehicular litter or any vehicle or vehicles or parts thereof which are as set forth in Section
18-21 of said Ordinance, provided, however, that said Section shall not apply to any
vehicle which qualifies as an historic or special interest vehicle as defined in Sections
60.311.15 through 60-311.20 Revised Statues of Nebraska, 1943, as amended, or to any
vehicle which is kept in the operation of a business pursuant to any Municipal Ordinance
or is kept within a garage.
Notice is further given that it shall be unlawful for any person to park or store any
vehicle, machine, or parts thereof in violation of the Municipal Code, State Statutes or
Federal Law. Notice is further given that whenever the City and through its authorized
representative determines that any litter as defined in Section 18-21 or other condition
prohibited by the Chapter 18 of the Omaha Municipal Code, causes imminent danger to
public health,safety or welfare, it may remove such litter or remedy such condition, at the
expense of the owner of the land on which such litter is found.
Furthermore, if the owners agents, occupants or persons in possession or control of any
such property shall fail to so cut and clear said property as above described, the City may
cause such weeds, grass and worthless vegetation to be cut or sprayed or such litter to be
removed or any combination thereof, and assess the actual cost thereof in amounts as
determined by Resolution of the City Council during the month of April each year upon
the property in the same manner as special assessments and shall have the right to
continue cutting of such weeds at anytime after the dates provided until new growth of
the following year.
Furthermore, in addition to the payment of the actual costs as provided in section 18-28
and the penalty for violations provided in section 18-30 hereof, any person, firm or
corporation who fails to cut weeds, grass and worthless vegetation, or to remove litter, or
both, as required by this Chapter shall be subject to the following penalties:
For the first violation a penalty in the sum of Thirty Dollars ($30.00); for the second
violation, a penalty in the sum of Seventy-Five ($75.00); for the third violation and each
subsequent violation thereafter, a penalty in the sum of One Hundred-fifty Dollars
($150.00).
In the event any person, firm, or corporation fails to pay the costs of the penalty as above
provided, the City may assess the same upon the property in the same manner as special
assessments or the City may sue any such person or persons in any court of competent
jurisdiction for the amount of the penalty due and payable under the terms and provisions
of this Chapter and may recover a judgment against such person or persons for the
amount so due, together with interest.
In addition to the penalties above set forth, any person who violates any of the provisions
of Chapter 18, of the Omaha Municipal Code is deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine in any sum not to exceed Five Hundred
Dollars($500.00) or to be imprisoned not to exceed six (6) months in jail or any
combination of such fine and imprisonment for each offense in the discretion of the
Court.
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Sections 18-21 through 18-30 of the Omaha Municipal Code in
Section 18-28, thereof provides that the actual cost of cutting of weeds, grass and worthless
vegetation, and/or removal of litter shall be in such amounts as determined by Resolution of the
Omaha City Council each year; and,
WHEREAS, it has been deteiiuined that actual cost to the City of Omaha for
personnel and equipment for the cutting and clearing of weeds, grass and worthless vegetation
for areas of various sizes is as follows:
SIZE OF AREA COST
0 - 1,000 Sq. Ft. $ 40.00
1,001 - 5,445 Sq. Ft. 1/8 Acre $ 79.00
5,446 - 10,890 Sq. Ft. 1/4 Acre $ 116.00
10,891 - 21,780 Sq. Ft. 1/2 Acre $ 153.00
21,781 - 32,670 Sq. Ft. 3/4 Acre $ 193.00
32,671 - 43,560 Sq. Ft. 1 Acre $ 234.00
Between 1 and 2 Acres $ 290.00
Between 2 and 3 Acres $ 385.00
Between 3 and 4 Acres $ 482.00
Between 4 and 5 Acres $ 577.00
Between 5 and 6 Acres $ 673.00
Between 6 and 7 Acres $ 769.00
Between 7 and 8 Acres $ 867.00
Between 8 and 9 Acres $ 962.00
Between 9 and 10 Acres $1,058.00
Between 10 and 11 Acres $1,153.00
Between 11 and 12 Acres $1,250.00
and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
•
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 2
WHEREAS, it has been determined that the actual cost to the City of Omaha for
personnel and equipment for the removal of litter amounts to the sum of $204.00 if up to one
hour time is required, and $153.00 for each subsequent one-half hour if additional time is
required for such litter removal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the cost to the City of Omaha for the year 2006 for the cutting of weeds,
grass and worthless vegetation, as provided in Section 18-28 of the Omaha Municipal Code shall
be as follows for areas of various size:
SIZE OF AREA COST
0 - 1,000 Sq. Ft. $ 40.00
1,001 - 5,445 Sq. Ft. 1/8 Acre $ 79.00
5,446 - 10,890 Sq. Ft. 1/4 Acre $ 116.00
10,891 - 21,780 Sq. Ft. 1/2 Acre $ 153.00
21,781 - 32,670 Sq. Ft. 3/4 Acre $ 193.00
32,671 - 43,560 Sq. Ft. 1 Acre $ 234.00
Between 1 and 2 Acres $ 290.00
Between 2 and 3 Acres $ 385.00
Between 3 and 4 Acres $ 482.00
Between 4 and 5 Acres $ 577.00
Between 5 and 6 Acres $ 673.00
Between 6 and 7 Acres $ 769.00
Between 7 and 8 Acres $ 867.00
Between 8 and 9 Acres $ 962.00
Between 9 and 10 Acres $1,058.00
Between 10 and 11 Acres $1,153.00
Between 11 and 12 Acres $1,250.00
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 3
BE IT FURTHER RESOLVED:
THAT, the cost to the City of Omaha for the year 2006 for the removal of litter as
provided in Section 18-29 of the Omaha Municipal Code shall be $204.00 if up to one hour time
is required, and $153.00 for each subsequent one-half hour if additional time is required for such
litter removal.
BE IT FURTHER RESOLVED:
THAT, said above charges for cost to the City of Omaha for the cutting of such
weeds, grass and worthless vegetation and/or for removal of litter shall be in addition to penalty
provisions, and in making assessment against property owners there shall be added thereto the
penalties in the amounts of which penalties are as follows:
For the first violation, a penalty in the sum of Thirty ($30.00) Dollars; for
the second violation, a penalty in the sum or Seventy-five ($75.00)
Dollars; for the third violation and each subsequent violation thereafter, a
penalty in the sum of One Hundred Fifty ($150.00)Dollars.
APPROVED AS TO FORM:
7:7)4
457-CITY ATTORNEY DATE
P:\PRPP1\13925pjrn.doc
•
lo.sqtz,ada-'
By
Councilmember
Adopted APR 2 5 2006 D
City Clerk,
- OP,
Approved Approved) - -
Mayor
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