It shall be the duty of every owner, occupant, lessee or mortgagee of real estate in the municipality to keep such real estate free of public nuisances. Notice to abate and remove such nuisance shall be given to each owner or each owner’s duly authorized agent and to the occupant, if any, by personal service or certified mail, with said notice to be signed by the Chairperson of the Board of Trustees of the village. If, within five days after receipt of such notice, the owner or occupant of the lot or piece of ground does not request a hearing with the Board of Trustees, and fails to comply with the order to abate and remove the nuisance, the Board of Trustees may have such work done and completed after which a statement of the cost of such work shall be transmitted to the owner and occupant and the village may thereafter levy the costs as a special assessment against the land. Such special assessment shall be a lien upon the real estate and shall be collected in the manner provided for special assessments. If within said five-day period the owner or occupant requests in writing a hearing before the Board of Trustees, then said hearing shall be held within 30 of said written request, at which time the Board of Trustees shall hear all objections made by interested parties and shall hear evidence submitted. If, after consideration of all of the evidence, the Board of Trustees shall find that said condition is a public nuisance, it shall, by resolution, order and direct the owner, occupant, lessee or mortgagee to remedy and abate said public nuisance within five days. If within five days the owner or occupant of the lot or piece of ground does not remedy and abate said public nuisance, the Board of Trustees may have such work done and completed after which a statement of the cost of such work shall be transmitted to the owner and occupant and the village may thereafter levy the costs as a special assessment against the land, with such special assessment to be a lien upon the real estate to be collected in the manner provided for special assessments.
(Prior Code, § 4-303) (Ord. 67, passed 11-7-1977; Ord. 142, passed 5-7-2001)
Statutory reference:
Authority to prohibit nuisances within zoning jurisdiction, see Neb. RS 18-1720
Powers of Village Board of Trustees, see Neb. RS 17-207