(A) It shall be the duty of every owner, occupant, lessee or mortgagee of real estate in the city to keep such real estate free of public nuisances. Upon determination by the Board of Health or Compliance and Regulations Committee that said owner, occupant, lessee or mortgagee has failed to keep such real estate free of public nuisances, the City Council shall thereupon cause notice to be served upon the owner, occupant, lessee, mortgagee or agent thereof, by personal service or by certified mail. Such notice shall describe the condition as found by the Board of Health or Compliance and Regulations Committee and state that said condition has been declared a public nuisance, and that the condition must be remedied at once.
(B) If the person receiving the notice has not complied therewith or taken an appeal from the determination of the Board of Health or Compliance and Regulations Committee within ten days after receipt of certified mail or date of personal service, the Board of Health or Compliance and Regulations Committee shall notify the City Council of such noncompliance. The City Council shall have such 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.
(C) If the owner, occupant, lessee or mortgagee of real estate 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, occupant, lessee or mortgagee of real estate to appear before the City Council to show cause why such condition should not be found to be a public nuisance and remedied. Such 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 by the Board of Health or Compliance and Regulations Committee, or their designee. If after consideration of all of the evidence, the City Council shall find that said condition is a public nuisance, it shall, by resolution, order and direct the owner, occupant, lessee or mortgagee to remedy said public nuisance at once; provided, that the party or parties may appeal such decision to the appropriate court for adjudication, during which proceedings the decision of the City Council shall be stayed. Should the owner or occupant refuse or neglect to promptly comply with the order of the City Council, the City Council shall proceed to cause the abatement of the described public nuisance.
(D) Upon completion of the work by the city, a statement of the cost of such work shall be transmitted to the City Council, which is authorized to bill the property owner or occupant, or 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, § 4-303) (Ord. 333, passed 9-27-1977; Ord. 907, passed 9-12-2023)
Statutory reference:
Similar provisions, see Neb. RS 18-1720