(A) Any building or structure that is built, altered, enlarged or moved upon any lot, lots or lands within the fire limits of the city without a building permit having been granted or issued approving or authorizing the building, alteration, enlargement or moving of the building or structure is hereby declared to be a public nuisance to the extent that the building or structure does not comply with the provisions of any ordinance of this subchapter, including the provisions of any standards, rules and regulations incorporated therein, and to the extent that the building or structure is not otherwise reasonably fire proof. Any building or structure located, constructed or maintained upon any lot, lots or lands within the jurisdiction of the city which fails to comply with the provisions of any ordinances of this subchapter, including the provisions of any standards, rules and regulations incorporated therein, is hereby declared to be a public nuisance to the extent of the noncompliance. Any building or structure hereafter located, constructed or maintained upon any lot, lots or lands within the fire limits of the city for the purpose of selling, at wholesale or retail, gasoline, oil, grease, distillate or petroleum products is hereby declared to be a public nuisance.
(B) (1) Whenever a public nuisance exists, as herein provided, the City Council shall cause notice to be served, by publication and by certified mail, upon the person owning or controlling the lot, lots or lands whereupon the nuisance is located, constructed or maintained. The notice shall include:
(a) A statement that the building or structure, or a condition of the building or structure, has been declared to be a public nuisance;
(b) A directive that the building or structure must be repaired, rehabilitated or demolished and removed, or that the condition must be remedied, at once; and
(c) A description of the measures that must be taken to effectuate the repair, rehabilitation or remedy.
(2) If the person receiving the notice has not complied therewith or taken an appeal from the determination that a nuisance exists within five days after receipt of certified mail or within five days after date of publication, whichever is later, the City Fire Chief shall notify the City Council of the noncompliance and the City Council shall, upon receipt of the notice, cause a hearing date to be fixed and notice thereof to be served upon the person owning or controlling the lot, lots or lands whereupon the nuisance is located, constructed or maintained.
(3) The notice shall be by personal service or certified mail and shall require the person to appear before the City Council to show cause why the condition should not be found to be a public nuisance and remedied. A return of service shall be required by the City Council. The notice shall be given not less than five days prior to the time of hearing; provided that, whenever the person owning or controlling the lot, lots or lands whereupon the nuisance is located, constructed or maintained is a nonresident or cannot be found in the state, then the City Clerk shall publish, in a newspaper of general circulation in the city, the notice of hearing for two consecutive weeks, the last publication to be at least one week prior to the date set for the hearing.
(C) Upon the date set for hearing, and pursuant to notice, the City Council shall hear all objections made by interested parties and shall hear evidence submitted by the City Fire Chief. If, after consideration of all of the evidence, the City Council shall find that the building or structure, or the condition of the building or structure, is a public nuisance, then it shall, by resolution, order and direct the person owning or controlling the lot, lots or lands whereupon the nuisance is located, constructed or maintained to repair, rehabilitate or demolish and remove, the building or structure, or to remedy the condition at once; provided that, the party so ordered and directed may appeal the decision to the appropriate court for adjudication, during which proceedings the decision of the City Council shall be stayed.
(D) Should the person owning or controlling the lot, lots or lands whereupon the nuisance is located, constructed or maintained refuse or neglect to promptly comply with the order of the City Council, the City Council shall proceed to cause the abatement of the described public nuisance. A statement of the cost of the abatement shall be transmitted to the City Council, which shall thereupon levy the cost as a special assessment against the lot, lots or lands. The special assessment shall be a lien upon the lot, lots or lands and shall be collected in the manner provided for special assessments.
(Prior Code, § 7-210)
Statutory reference:
Related provisions, see Neb. RS 17-123, 17-556, 18-1720, 18-1722