(A) (1) Whenever the Building Inspector, specially designated building inspector, or a professional engineer shall be of the opinion that any building or structure in the city or within the zoning jurisdiction, is an unsafe building, said person shall file a written statement to this effect with the City Clerk.
(2) The Clerk shall thereupon cause the property to be posted accordingly, and shall file a copy of such determination in the office of the County Register of Deeds, and shall serve written notice upon the owner thereof, any encumbrancer and upon the occupant thereof, if any, by certified mail or by personal service.
(3) If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated or removed.
(B) Such notice shall state that the building has been declared to be in an unsafe condition; and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it; and that the condition must be remedied within 60 days from the date of receipt. Such notice may be in the following terms:
“To (owner and/or occupant of premises) of the premises known and described as:
You are hereby notified that (describe building) on the premises above mentioned has been determined to be an unsafe building and a nuisance after inspection by ___________________.
The causes for this decision are: ______________________________ (here insert the facts as to each dangerous condition).
You must remove, remedy or alter by repair, or demolish the building within 60 days from the date of receipt of this notice or the municipality will proceed to do so. Appeal of this determination may be made to the hearing officer appointed by the governing body, by filing with the City Clerk within ten days from the date of receipt of this notice a request for a hearing. 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) If the person receiving the notice has not complied therewith within 60 days from the date of receipt of such notice (or date of posting/publication), or taken an appeal from the determination of the hearing officer that a dangerous building exists within ten days from the time when this notice is served upon such person as provided above, the governing body may proceed to remedy the condition or demolish the unsafe building as set forth in this subchapter.
(Prior Code, § 150.38) (Ord. 648, passed 10-22-2019) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 18-1720, 18-1722, and 18-1722.01