15-268.01. Garbage or refuse; constituting a nuisance; collection and removal; notice.

247 words·~1 min read·/ne/chapter-15/15-268-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any city of the primary class may provide for the collection and removal of garbage or refuse found upon any lot, lots, or land within the corporate limits of such city or within the extraterritorial zoning jurisdiction of the city, or upon the streets, roads, or alleys abutting such lot, lots, or land, which constitutes a public nuisance. The city may require the owner, owners, duly authorized agent, or tenant of such lot, lots, or land to remove the garbage or refuse therefrom and from the streets, roads, or alleys abutting thereon.

(2)Notice that removal of garbage or refuse is necessary shall be given to (a)(i) the owner or owners, or

(ii)the duly authorized agent, and

(b)the tenant. Such notice shall be provided by personal service or by certified mail. After providing such notice, the city through its proper offices shall, in addition to other proper remedies, remove the garbage or refuse, or cause it to be removed, from such lot, lots, or land, and streets, roads, or alleys abutting thereon.

(3)If the mayor of such city shall declare that the accumulation of such garbage or refuse upon any lot, lots, or land constitutes an immediate nuisance and hazard to public health and safety, the city shall remove the garbage or refuse from such lot, lots, or land twenty-four hours after notice by personal service in accordance with subsection

(2)of this section if such garbage or refuse has not been removed.