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It shall be unlawful for any person, firm, or corporation to move any building or structure within the village without a written permit to do so. Application may be made to the governing body, and shall include the present and future location of the building to be moved, the proposed route, the equipment to be used, and such other information as the governing body may require. The application shall be accompanied by a certificate issued by the County Treasurer to the effect that all the provisions regulating the moving of buildings have been complied with on the part of the owner of the real estate upon which the said building is presently located. The governing body shall refer the said application to the Committee on Streets and Alleys for approval of the proposed route over which the said building is to be moved. Upon approval of the governing body, the governing body shall then issue the said permit; provided, that a good and sufficient corporate surety bond, check, or cash in an amount set by motion of the governing body and conditioned upon moving said building without doing damage to any private or municipal property is filed with the Village Clerk prior to the granting of any permit. No moving permit shall be required to move a building that has a total floor area of 50 square feet or less. In the event it will be necessary for any licensed building mover to interfere with the telephone or telegraph poles and wires, or a gas line, the company or companies owning, using, or operating the said poles, wires, or line shall upon proper notice of at least 24 hours, be present and assist by disconnecting the said poles, wires, or line relative to the building moving operation. All expense of the said disconnection, removal, or related work shall be paid in advance by the licensee unless such disconnection or work is furnished on different terms as provided in the said company’s franchise. Whenever the moving of any building necessitates interference with a water main, sewer main, pipes, or wire belonging to the village, notice in writing of the time and route of the said building moving operation shall be given to the various municipal officials in charge of the municipal utility departments who shall proceed in behalf of the village and at the expense of the mover to make such disconnections and do such work as is necessary.
(Prior Code, § 9-101)
Statutory reference:
Related provisions, see Neb. RS 39-6,177 to 39-6,180, 39-6,184, and 77-1725
(A) At such time as the building moving has been completed, the Village Marshal shall inspect the premises and report to the Village Clerk as to the extent of damages, if any, resulting from the said relocation and whether any municipal laws have been violated during the said operation.
(B) Upon a satisfactory report from the Village Marshal, the Village Clerk shall return the corporate surety bond, cash, or check deposited by the applicant. In the event the basement, foundation, or portion thereof is not properly filled, covered, or in a clean and sanitary condition, the governing body may apply the money deposited for the purpose of defraying the expense of correcting the said conditions.
(C) If the expense of correcting the hazardous condition is greater than the amount of the deposit set by resolution of the governing body, as required herein, the governing body may recover such excess expense by civil suit or otherwise as prescribed by law.
(Prior Code, § 9-102)
UNSAFE BUILDINGS
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
UNSAFE BUILDING.
(1) Any building, shed, fence, or other human-made structure:
(a) 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;
(b) 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;
(c) 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.
(2) Any such UNSAFE BUILDING in the village is hereby declared to be a nuisance.
(Prior Code, § 9-201)
Statutory reference:
Related provisions, see Neb. RS 18-1720, 18-1722, and 18-1722.01
It shall be unlawful to maintain or permit the existence of any unsafe building in the village 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, § 9-202) Penalty, see § 150.99
Statutory reference:
Related provisions, see Neb. RS 18-1720, 18-1722, and 18-1722.01
(A) Whenever the governing body shall be of the opinion that any building or structure in the village is an unsafe building, they shall file a written statement to this effect with the Village 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 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. Such notice may be in the following terms:
“To (owner-occupant of premises) of the premises known and described as (street address).
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 (inspector(s) name(s)). 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 village 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 Village 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 Building Inspector may, upon orders of the governing body, proceed to remedy the condition or demolish the unsafe building.
(Prior Code, § 9-203)
Statutory reference:
Related provisions, see Neb. RS 18-1720, 18-1722, and 18-1722.01
(A) Upon receiving the notice to repair or demolish the building, the owner of the building, within the time stipulated, may, in writing to the Village 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 within 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.
(B) 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.
(C) Where the village has not adopted a building code, the statutes of the state relating to bonded indebtedness and collection of delinquent taxes shall apply.
(Prior Code, § 9-204)
Statutory reference:
Related provisions, see Neb. RS 18-1720, 18-1722, and 18-1722.01
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 Building Inspector to do so, the village may summarily repair or demolish and remove such building or structure.
(Prior Code, § 9-205)
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