(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 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 publication and by certified mail. Such notice shall describe the condition as found by the Board of Health 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 within five days after receipt of certified mail or within five days after date of publication whichever is later, the Board of Health shall notify the City Council of such noncompliance and the City Council shall, upon receipt of such notice, cause a hearing date to be fixed and notice thereof to be served upon the owner, occupant, lessee or mortgagee, or agent of the real estate. Such notice of hearing shall be by personal service or certified mall and require such party or parties to appear before the City Council to show cause why such condition should not be found to be a public nuisance and remedied. A return of service shall be required by the City Council. Such notice shall be given not less than five days prior to the time of hearing, provided that whenever the owner, lessee, occupant or mortgagee of such real estate is a nonresident or cannot be found in the state, then the City Clerk shall publish.
(C) In a newspaper of general circulation in the city, such notice of hearing for two consecutive weeks, the last publication to be at least one week prior to the date set for the hearing. Upon the date fixed for the hearing and pursuant to notice, the City Council shall hear all objections made by interested parties and shall hear evidence submitted by the Board of Health. 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)
Statutory reference:
Similar provisions, see Neb. RS 18-1720