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To provide certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings hereafter erected, constructed, enlarged, altered, repaired, relocated and converted, the BOCA Basic Building Code, recommended by the Building Officials Conference of America and printed in book or pamphlet form, is hereby incorporated by reference, in addition to all amended editions as though printed in full herein. One copy of the Building Code shall be on file at the office of the Municipal Clerk and shall be available for public inspection at any reasonable time. The provisions of the Building Code shall be controlling throughout the municipality and throughout its zoning jurisdiction.
(Prior Code, § 9-201)
Statutory reference:
Related provisions, see Neb. RS 18-132
To provide certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in houses hereafter erected, constructed, enlarged, altered, repaired, relocated and converted, the Basic Housing Code, as published by the Building Officials Conference of America, Inc. and printed in book or pamphlet form, is hereby incorporated by reference, in addition to all amended editions as though printed in full herein. One copy of the Housing Code shall be on file at the office of the Municipal Clerk and shall be available for public inspection at any reasonable time. The provisions of the Housing Code shall be controlling throughout the municipality and throughout its zoning jurisdiction.
(Prior Code, § 9-301)
Statutory reference:
Related provisions, see Neb. RS 18-132, 18-2146
To provide certain minimum standards, provisions and requirements for safe and stable installation, methods of connection and uses of materials in the installation of plumbing and heating, the Uniform Plumbing Code, published by the American Society of Mechanical Engineers and printed in book or pamphlet form, is hereby incorporated by reference, in addition to all amended editions as though printed in full herein insofar as said code does not conflict with the statutes of the state. One copy of the Plumbing Code shall be on file at the office of the Municipal Clerk and shall be available for public inspection at any reasonable time. The provisions of the Plumbing Code shall be controlling throughout the municipality and throughout its zoning jurisdiction.
(Prior Code, § 9-401)
Statutory reference:
Related provisions, see Neb. RS 17-1001, 18-132
The National Electric Code, as recommended by the National Board of Fire Underwriters, printed in book or pamphlet form, in addition to all amended editions as though printed in full herein, is adopted to provide certain minimum standards, provisions and requirements for safe and fire-proof installation, methods of construction and uses of materials in the installation of electrical wiring and appliances. One copy of the Electrical Code shall be on file at the office of the Municipal Clerk and shall be available for public inspection at any reasonable time.
(Prior Code, § 9-501)
Statutory reference:
Related provisions, see Neb. RS 18-132
BUILDING INSPECTOR
The Building Inspector shall be the municipal official who shall have the duty of enforcing all building and housing regulations, as herein prescribed. He or she shall inspect all buildings repaired, altered, built or moved in the municipality as often as necessary to ensure compliance with all municipal ordinances. He or she shall have the power and authority to order all work stopped on any construction, alteration or relocation which violates any provisions prescribed herein. He or she shall issue permission to continue any construction, alteration or relocation when he or she is satisfied that no provision will be violated. If the stop order is an oral one, it shall be followed by a written stop order within one hour. Such written order may be served by the Building Inspector or any law enforcement with jurisdiction within the municipality. In the event that the governing body fails to appoint a Building Inspector, the Utilities Superintendent shall be the Building Inspector ex officio.
(Prior Code, § 9-101)
It shall be unlawful for any person to refuse to allow the Building Inspector entry into any building or structure where the work of construction, alteration, repair or relocation is taking place for the purpose of making official inspections at any reasonable hour.
(Prior Code, § 9-102) Penalty, see § 10.99
In the event it is claimed that the true intent and meaning of this subchapter has been wrongly interpreted by the Building Inspector; that the time allowed for compliance with any order of the Building Inspector is too short; or that conditions peculiar to a particular building make it unreasonably difficult to meet the literal requirements prescribed by this subchapter and the Building Inspector, the owner, his or her agent or the occupant may file a notice of appeal within ten days after the decision or order of the Building Inspector has been made. The governing body shall sit and act as the Municipal Board of Appeals and shall have the power and authority, when appealed to, to modify the decision or order of the Building Inspector. Such a decision shall be final, subject only to remedy which the aggrieved person may have at law or equity. Applications for review shall be in writing and shall state the reasons why the variance shall be granted. A variance shall be granted only where it is evident that reasonable safety and sanitation is assured and may include conditions not generally specified by this code to achieve that end. A copy of any variance so granted shall be sent to both the Building Inspector and the applicant.
(Prior Code, § 9-103)
Any person desiring a building permit to commence or proceed to erect, construct, perform any structural repair or relocate any building or dwelling or cause the same to be done shall file with the Planning Commission an application therefor in writing on a form to be furnished by the Commission for that purpose.
(Prior Code, § 9-104)
Cross-reference:
Building permits generally, see § 150.02
A municipal official charged with the duty or responsibility of accepting or approving plans, specifications, plats and reports shall not accept or approve plans, specifications, plats or reports which have not been prepared in accordance with the Engineers and Architects Regulation Act, being Neb. RS 81-3401 to 81-3455.
(Prior Code, § 9-105)
Statutory reference:
Related provisions, see Neb. RS 81-3401 et seq.
UNSAFE BUILDINGS
The term UNSAFE BUILDING, as used in this subchapter, is hereby defined to mean and include any building, shed, fence or other human-made structure: which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures; which because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire and constitutes or creates a fire hazard; which by reason of faulty construction or any other cause is liable to cause injury or damage by the collapse or fall of all or any part of such structure. Any such unsafe building in the municipality is hereby declared to be a nuisance.
(Prior Code, § 9-701)
It shall be unlawful to maintain or permit the existence of any unsafe building in the municipality and it shall be unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in an unsafe condition or to occupy such building or permit it to be occupied while it is in an unsafe condition.
(Prior Code, § 9-702) Penalty, see § 10.99
(A) (1) Whenever the Utilities Superintendent, the Fire Official or the Health Official shall be of the opinion that any building or structure in the municipality is an unsafe building, he or she shall file a written statement to this effect with the Municipal Clerk. The Clerk shall thereupon cause the property to be posted accordingly and shall file a copy of such determination in the office of the county’s Register of Deeds and shall serve written notice upon the owner thereof and upon the occupant thereof, if any, by certified mail or by personal service. Such notice shall state that the building has been declared to be in an unsafe condition and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it and that the condition must be remedied within 60 days from the date of receipt.
(2) Such notice may be in the following terms:
To
(owner-occupant of premises) of the premises known and described as . You are hereby notified that (describe building) on the premises above mentioned has been determined to be an unsafe building and a nuisance after inspection by . The causes for this decision are (here insert the facts as to the dangerous condition) . You must remedy this condition or demolish the building within 60 days from the date of receipt of this notice or the municipality will proceed to do so. Appeal of this determination may be made to the governing body, acting as the Board of Appeals, by filing with the Municipal Clerk within ten days from the date of receipt of this notice a request for a hearing. |
(B) If the person receiving the notice has not complied therewith or taken an appeal from the determination of the officer or employee finding that a dangerous building exists within ten days from the time when this notice is served upon such person by personal service or certified mail, the Utilities Superintendent may, upon orders of the governing body, proceed to remedy the condition or demolish the unsafe building.
(Prior Code, § 9-703)
Statutory reference:
Related provisions, see Neb. RS 18-1722
Upon receiving the notice to repair or demolish the building, the owner of the building within the time stipulated may in writing to the Municipal Clerk request a hearing before the governing body, sitting as the Board of Appeals, to present reasons why the building should not be repaired or demolished. The governing body shall grant such hearing at the next regularly scheduled Board meeting, but in no case sooner than ten days from the date of receiving the request. A written notice of the governing body’s decision following the hearing shall be sent to the property owner by certified mail. If the governing body rejects the appeal, the owner shall have five days from the sending of the decision to begin repair or demolition and removal. If, after the five-day period, the owner has not begun work, the governing body shall proceed to cause such work to be done; provided, the property owner may appeal such decision to the appropriate court for adjudication during which proceedings the decision of the governing body shall be stayed. Where the municipality has not adopted a building code, the statutes of the state relating to bonded indebtedness and collection of delinquent taxes shall apply.
(Prior Code, § 9-704)
Where any unsafe building or structure poses an immediate danger to the health, safety or general welfare of any person or persons and the owner fails to remedy the situation in a reasonable time after notice by the Utilities Superintendent to do so, the municipality may summarily repair or demolish and remove such building or structure.
(Prior Code, § 9-705)
Statutory reference:
Related provisions, see Neb. RS 18-1722
In case the owner of any building or structure shall fail, neglect or refuse to comply with notice by or on behalf of the municipality to repair, rehabilitate or demolish and remove a building or structure which is unsafe and a public nuisance, the municipality may proceed with the work specified in the notice to the property owner. A statement of the cost of such work shall be transmitted to the governing body, which is authorized to levy the cost as a special assessment against the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.
(Prior Code, § 9-706)
Statutory reference:
Related provisions, see Neb. RS 18-1720, 18-1722