(A) It shall be the duty of every owner or occupant of real estate in the city to keep that real estate free of public nuisances. Upon determination by the City Council that the owner or occupant has failed to keep the real estate free of public nuisances, notice to abate and remove the 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 the owner or occupant, or the owner’s or occupant’s duly authorized agent, by personal service or certified mail. This notice shall describe the condition as found by the City Council and state that the condition has been declared a public nuisance and that the condition must be remedied at once. Within ten days after the receipt of the notice, if the owner or occupant of the real estate does not request a hearing or fails to comply with the order to abate and remove the nuisance, the city shall have the work done and may levy and assess the costs and expenses of the work upon the real estate so benefitted in the same manner as other special taxes for improvements are levied and assessed.
(B) If the owner or occupant requests in writing a hearing with the City Council, the City 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 City Council to show cause why the condition should not be found to be a public nuisance and remedied. This 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 City Council shall hear all objections made by the owner or occupant and shall hear evidence submitted. If, after consideration of all the evidence, the City Council finds that the condition is a public nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the public nuisance at once. If the owner or occupant refuses or neglects to promptly comply with the order of the City Council, the City Council shall proceed to cause the abatement of the described public nuisance and may levy and assess the costs and expenses of the work upon the real estate so benefitted in the same manner as other special taxes for improvements are levied and assessed.
(C) If after the City Council has determined that a public nuisance exists in accord with the provisions and procedures set forth herein above, and the property owner and or tenant fails or refuses to comply with the City Council’s order to remedy the public nuisance within the time proscribed by the City Council, and the City Council is forced to abate and remedy the nuisance, the City Council may, in its discretion, employ the following procedure in its abatement of the nuisance.
(1) Personal property which is reasonably estimated to have a value of less than $250 or less shall be disposed of in any manner deemed appropriate by the City Council or its agents. Personal property reasonably estimated to have a value in excess of $250 shall be disposed of at public auction by competitive bidding.
(2) Notice of the time and place of the public sale shall be given by publishing the same once a week for no less than two consecutive weeks in a newspaper of general circulation in the county where the public sale is to be held. The sale shall be held at the nearest suitable place to the place where the subject property is held or stored. The advertisement shall include a description of the property to be sold, the name of the owner of the property, and the time and place of the sale. The sale shall take place no sooner than ten days after the first publication. The last publication shall be no less than five days before the sale is to be held.
(3) In addition to the notice provided for herein, notice of public sale shall be served personally or by first-class mail, postage prepaid, upon the owner of the subject property prior to the first published notice of the sale, and shall contain one of the following statements, as appropriate:
(a) “You are hereby notified that the Gering City Council has elected to abate the public nuisance by public sale. If you fail to remedy or remove the nuisance property, it will be sold at public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted the remaining money will be turned over to the State Treasurer pursuant to the Uniform Disposition of Unclaimed Property Act, being Neb. RS 69-1329 et seq. You may claim the remaining money from the office of the State Treasurer as provided in such act;” or
(b) “Because the property subject to abatement is believed to be worth less than $250, it may be kept, sold, or destroyed without further notice if you fail to remove the subject property within the time indicated in this notice.”
(4) Any such notice of sale shall describe all or a portion of the property to be sold in a manner reasonably adequate to permit the owner of the property to identify the subject property.
(5) After deduction of the reasonable costs of storage, advertising, and sale, any proceeds from the sale not claimed by the person(s) having an interest in the sale proceeds shall, not later than 30 days after the date of said sale, be remitted to the State Treasurer for disposition pursuant to the Uniform Disposition of Unclaimed Property Act.
(6) Nothing in this section shall be construed to prevent the property owner from bidding on the property which is subject to sale. The successful bidder’s title shall be subject to the ownership rights, liens, and security interests, if any, which have priority by law.
(Prior Code, § 94.31) (Ord. 1894, passed 7-27-2009)