Nuisance properties, enforcement and ordinances are a common issue for communities. WCNDD, with the assistance of the Creighton University School of Law CED Clinic has developed ordinances that will enable your community to effectively and efficiently abate nuisances within your municipal limits.
By utilizing WCNDD as your nuisance officer you ensure that an impartial and equitable process is in place. An example of our administrative approach to code enforcement can be found by reviewing our Sample Nuisance Ordinance, as well as taking a look at our proven success.
Trees.... are they dead, partially alive, or somewhat dead? As a result of the elm tree beetle, the emerald ash bore and pine wilt, communities in the region have more than their share of dead or diseased trees.
Throughout the years these trees along with the cottonwood have provided shade and beauty to our landscape and are a part of every community.
Unfortunately, continually removing dead wood is expensive and often neglected. As a result, neighbors grow concerned about the possibility that the tree may fall on their property. Trees in danger of falling on people and property, are unsafe due to their condition, and will be identified as a nuisance and required to be removed.
One man's junk is not always another man's treasure. Discarded inoperable machinery and items stored or dumped on a property such as appliances, hot water heaters, lawn mowers, pallets, concrete, piled wood, furniture, scrap metal, and garbage are all considered a nuisance.
Refrigerators and freezers are particularly a concern due to the possibility that a child may become trapped in the unit and suffocate. Auto parts such as motors, batteries, bumpers, truck beds may not be stored on a property.
Any items that create a condition in which flies, rats or other insects or rodents may breed or multiply, or may be a fire danger are considered a nuisance. Wood piles (including tree piles) are not considered a nuisance if they are neatly stacked.
Any unsafe, unsightly billboard or other structure, any old or partially destroyed building or structure, or any building or structure left unfinished is considered an actionable nuisance item.
Broken windows, fascia/soffit repairs, rotting decks, and open buildings, are all considered a nuisance; minor repairs are needed to keep weather, vermin, and neighborhood children out.
Severely dilapidated structures may require a professional structural review to determine their structural integrity, and others just need to be finished.
A citation may be required from law enforcement on an unfinished building to encourage the property owner to meet standards outlined within the ordinance.
A vehicle is defined as a motor vehicle, all-terrain vehicle, utility-type vehicle, minibike, trailer, or semitrailer. Any vehicle which is not properly registered, is inoperable, wrecked, junked, or partially dismantled is considered a nuisance.
All vehicles must be properly registered and bear current license plates and tags. Any wrecked vehicles must be removed from the property. A posted for sale sign in the window of a unit does not compensate for being properly registered.
Abatement includes towing of unlicensed units, impounding for a minimum of 30 days, determining ownership and value, obtaining an abandoned title, and generally destroying the units. Units claimed within the first 30 days are subject to towing and storage fees.