(A) It shall be the duty of every owner, occupant, lessee, or mortgagee of real estate in the municipality or within the zoning jurisdiction to keep such real estate free of public nuisances. In the event a report of a condition that has been declared a public nuisance by ordinance, law enforcement, or Board of Health report declaring a public nuisance is filed with the City Clerk, the City Clerk shall thereupon cause notice to be served upon the owner or owner’s duly authorized agent, and to the occupant, if any, of the real estate so affected. Such notice shall describe the condition declared to be a public nuisance, state that said condition has been declared a public nuisance, and that the condition must be abated and removed within no less than five days after receipt of such notice. Such notice shall state that within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the municipality to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the City Clerk.
(B) (1) Notice to abate and remove such nuisance shall be given to each owner or owner’s duly authorized agent and to the occupant, if any, by the City Clerk by first-class mail (envelope conspicuously marked for its importance), personal service or certified mail. In all nuisance abatement actions, if notice by first-class mail (envelope conspicuously marked for its importance), personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the municipality or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated or removed.
(2) Said notice may be in the following terms:
To (owner and/or occupant of premises) of the premises known and described as (legal description/address):
You are hereby notified that a report has been filed with the City Clerk’s office indicating condition(s) exist upon the real estate you own and/or occupy which have been declared to be (a) public nuisance(s) by ordinance. The causes for this decision are (here insert the facts as to the conditions found to be public nuisance(s) as described in the report or indicate that the report is attached).
You must remove and abate said condition(s) within five days from the date of receipt of this notice or the municipality will proceed to do so. Within five days after receipt of this notice, you may request a hearing with the municipality to appeal the decision to abate or remove the nuisance by filing a written appeal with the office of the City Clerk. In the event the municipality has the work done, the municipality may levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited or recover the same in a civil action as provided by law.
(C) (1) A hearing on the appeal shall be held within 14 days after the filing of the appeal and shall be conducted by a hearing officer (an elected or appointed officer) appointed by the governing body. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the municipality may have such work done, unless an appeal is taken to the district court. Within five days after receipt of such notice (or posting/publication if necessary), if the owner or occupant of the lot or piece of ground does not request a hearing with the municipality or fails to comply with the order to abate and remove the nuisance, the municipality may have such work done. The costs and expenses of any such work shall be paid by the owner.
(2) Upon completion of the work by the municipality, a statement of the cost of such work shall be transmitted to the owner. If unpaid for two months after such work is done and request for payment is sent by first-class mail (envelope conspicuously marked for its importance), the municipality may:
(a) Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed; and/or
(b) Recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.
(Prior Code, § 94.21) (Ord. 631, passed - -; Ord. 613, passed 3-19-2013; Ord. 648, passed 10-22-2019)
Statutory reference:
Related provisions, see Neb. RS 17-563 and 18-1720