(A) Condemnation of unsafe buildings. Any building or other structure, or any part thereof which is in part or in whole structurally unsafe, dilapidated, defective, unhealthful, insufficient, or unsafe for the purposes for which it is used, detrimental to the community for any just cause, or in violation of this code or International Building Code, as amended and adopted, is hereby determined to be dangerous and shall be made safe by the owner of record of the property within the time set forth in written notice from the Building Official. Where immediate action is deemed necessary to protect life, health, or property, the Building Official may direct the building or other structure or portion thereof to be vacated forthwith, closed and not used or occupied until made safe as required by the Building Official. Any buildings or other structures, or any part thereof which is determined after inspection by the Building Official to be dangerous as defined above, are hereby declared to be public nuisances and shall be abated by repair, alteration, rehabilitation, demolition, or removal in accordance with this subchapter.
(B) Written notice; mailing; contents. Whenever the Building Inspector has inspected any building or other structure, or any part thereof and determined that the property is a dangerous, unsafe, or substandard building, he or she shall send a written notice to the owner of record of the property by ordinary first-class mail and by certified mail, return receipt requested, to the last known address of the owner. The written notice shall contain the following information:
(1) The street address and a legal description sufficient for identification of the premises on which the dangerous property is located;
(2) A brief and concise description of the conditions found to render the property dangerous, unsafe or substandard as defined by this subchapter;
(3) A brief and concise description of the action required to be taken to render the property in compliance with this subchapter; and
(4) A brief and concise statement advising the owner of record that if required repair, alteration, rehabilitation, demolition, or removal work is not completed within the time specified, the Building Official may order the dangerous property vacated and posted to prevent further occupancy until the work is completed, and may request consent of the Mayor to have the City Attorney file an action to abate the public nuisance and charge the costs thereof against the real estate and the owner of record.
(C) Notice to vacate; posting. In the event the Building Official directs any building or other structure or any portion thereof to be vacated, a copy of a notice to vacate shall be served along with the written notice set forth herein provided for and shall be posted at or upon each entrance to the property in substantially the following form:
"NOTICE TO VACATE
DO NOT ENTER - UNSAFE TO OCCUPY
It is a misdemeanor to occupy
this property or to remove or
deface this notice to vacate.
Dated: _____________
CITY OF BRIDGEPORT, NEBRASKA
A city corporation
By: _________________
Building Official"
(D) Procedure for abatement of nuisances. If the owner of record of any property declared to be a public nuisance, as described in this subchapter, by the Building Official fails to abate the nuisance within the time specified in the written notice herein provided for, the City Attorney may, at the written request of the Building Official and Mayor, proceed to abate the public nuisance pursuant to this code, and charge the costs thereof against the real estate or the owner of record. In the event continuation of a public nuisance might cause irreparable harm or poses a serious threat to public health, safety, or welfare or the health, safety, or welfare of residents of the property in violation, the written notice to abate shall not be required as a condition precedent to commencing a legal action to obtain abatement of the nuisance and the city, with the consent of the Mayor, may immediately file an action requesting the temporary or permanent order as is appropriate to expeditiously and permanently abate the nuisance and protect the public health, safety, or welfare or the health, safety, or welfare of the residents of the property in violation.
(E) Standards for repair and the like. The following standards shall be observed or followed in determining whether a public nuisance shall be repaired, altered, rehabilitated, demolished, or removed:
(1) If the building or other structure or any part thereof can reasonably be repaired, altered, or rehabilitated so that it will no longer exist in violation of this code or International Building Code as amended and adopted, it shall be ordered repaired, altered, or rehabilitated;
(2) If the building or the structure or any part thereof is in the condition that is cannot reasonably be repaired so that it will no longer exist in violation of this code or International Building Code, as amended and adopted, it shall be ordered demolished or removed;
(3) In any case where a building or other structure or any part thereof is 50% damaged, decayed, or deteriorated from its original value or structure, it shall be demolished or removed; and
(4) In any case where a building or other structure or any part thereof is a fire hazard existing in violation of this code or International Building Code, as amended and adopted, or the statutes of the state, including, but not limited to, the Life Safety Code, it shall be demolished or removed.
(1973 Code, § 9-606) (Ord. 710, passed 6-7-2001) Penalty, see § 10.99