(A) It shall be the duty of every owner or occupant of real estate in the municipality to keep such real estate free of public nuisances. Upon determination by the Police Chief that said owner or occupant has failed to keep such real estate free of public nuisances, notice to abate and remove such nuisance and notice of the right to a hearing before the governing body and the manner in which it may be requested shall be given to said owner or occupant, or said owner's or occupant's duly authorized agent, by personal service or certified mail. Such notice shall describe the condition as found by the Police Chief and state that said condition has been declared a public nuisance, and that the condition must be remedied at once. Within ten days after the receipt or such notice, if the owner or occupant of real estate does not request a hearing or fails to comply with the order to abate and remove the nuisance, the municipality 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.
(B) If said owner or occupant requests in writing a hearing with the governing body, the governing body 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 governing body 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.
(1) Upon the date fixed for the hearing and pursuant to the notice, the governing body shall hear all objections made by the owner or occupant and shall hear evidence submitted by the Police Chief.
(2) If after consideration of all the evidence, the governing body shall find that the said condition is a public nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the said public nuisance at once.
(3) Should the owner or occupant refuse or neglect to promptly comply with the order of the governing body, the governing body 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.
(1999 Code, § 4-303) Penalty, see § 93.99
Statutory reference:
Related provisions, see Neb. RS 18-1720