(A) (1) It shall be the duty of every owner or occupant of real estate in the municipality to keep the real estate free of public nuisances.
(2) (a) Upon determination by the Board of Health that the owner or occupant has failed to keep the real estate free of public nuisances, notice to abate and remove the nuisance and notice of the right to a hearing before the City Council and the manner in which it may be requested shall be given to the owner or occupant, or the owner’s or occupant’s duly authorized agent, by personal service or certified mail.
(b) The notice shall describe the condition as found by the Board of Health and state that the condition has been declared a public nuisance and that the condition must be remedied at once.
(c) Within ten days after the receipt of the notice, if the owner or occupant of the real estate does not request a hearing or fails to comply with the order to abate and remove the nuisance, the municipality shall have the work done and may levy and assess the costs and expenses of the work upon the real estate so benefitted in the same manner as other special taxes for improvements are levied and assessed.
(B) (1) If the owner or occupant requests in writing a hearing with the City Council, the City Council shall fix a time and place at which a hearing will be held.
(2) Notice of the hearing shall be given by personal service or certified mail and require the owner or occupant to appear before the City Council to show cause why the condition should not be found to be a public nuisance and remedied.
(3) The notice shall be given not less than seven nor more than 14 days before the time of the hearing.
(4) Upon the date fixed for the hearing and pursuant to the notice, the City Council shall hear all objections made by the owner or occupant and shall hear evidence submitted by the Board of Health.
(5) If after consideration of all the evidence the City Council finds that the condition is a public nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the public nuisance at once.
(6) If the owner or occupant refuses or neglects to promptly comply with the order of the City Council, the City Council shall proceed to cause the abatement of the described public nuisance and may levy and assess the costs and expenses of the work upon the real estate so benefitted in the same manner as other special taxes for improvements are levied and assessed.
(Prior Code, § 91.21) Penalty, see § 10.99
Statutory reference:
Authority to regulate and abate nuisances, see Neb. Rev. Stat. 18-1720