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(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