(A) The owner or occupant of any real estate within the corporate limits or extraterritorial zoning jurisdiction of the city shall keep such real estate free of nuisances. Except to the extent that conflicting procedures are otherwise provided, the procedures in this section shall apply to abatement of nuisances.
(B) Upon determination by the Board of Health or designated official that the owner or occupant of any such real estate has failed to keep the real estate free of nuisances, notice to abate and remove such 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 each owner or owner’s duly authorized agent and to the occupant, if any, by personal service or by certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the real estate upon which the nuisance is to be abated and removed. The notice shall describe the condition as found by the Board of Health or designated official and state that the condition has been declared a nuisance and must be remedied at once.
(C) If, within five days after receipt of such notice or publication or posting, whichever is applicable, the owner or occupant of the real estate does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done.
(D) If, within five days after receipt of such notice or publication or posting, whichever is applicable, the owner or occupant requests in writing a hearing with the City Council, the Council shall fix a time and place at which a hearing will be held. Notice of the hearing shall be given by personal service or certified mail and require the owner or occupant to appear before the Council to show cause why such condition should not be found to be a nuisance and remedied. The notice shall be given not less than seven nor more than 14 days before the time of the hearing. Upon the date fixed for the hearing and pursuant to the notice, the Council shall hear all objections made by the owner or occupant and shall hear evidence submitted by the Board of Health or designated official. If, after consideration of all the evidence, the City Council finds that the condition is a nuisance, it shall by resolution order and direct the owner or occupant to remedy the nuisance at once. If the owner or occupant refuses or neglects to promptly comply with the order to abate and remove the nuisance, the Council may have such work done.
(E) The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the city may either:
(1) Levy and assess the costs and expenses of the work upon the real estate so benefitted as a special assessment in the same manner as other special assessments for improvements are levied and assessed; or
(2) Recover in a civil action the costs and expenses of the work upon the real estate and the adjoining streets and alleys.
Statutory reference:
Authority to regulate and abate nuisances, see Neb. RS 18-1720
Nuisances prohibited, see Neb. RS 28-1321
Similar provisions, see Neb. RS 17-563
Zoning jurisdiction, Neb. RS 17-1001
Editor’s note:
The city adopted the basic code model for this section in Ord. 881, passed 3-1-2016, and it has been replaced with the 2024 basic code section.