§ 91.17 ABATEMENT PROCEDURE.

   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

§ 91.18 JURISDICTION.

   The Chairperson and Village Marshal of the municipality are directed to enforce this chapter against all nuisances. The jurisdiction of the Chairperson, Village Marshal and court shall extend to, and the territorial application of this chapter shall include, all territory adjacent to the limits of the municipality within one mile thereof and all territory within the corporate limits.

(Prior Code, § 4-304)

Statutory reference:

   Authority to prohibit nuisances within zoning jurisdiction, see Neb. RS 18-1720

§ 91.19 DIRECT ACTION IN COURT.

   In addition to any other remedies the law may provide, and in addition to the abatement procedures set forth in § 91.17, and in addition to the penal provisions set forth in § 91.99, the village, may at the discretion of the Board of Trustees bring an action in any court of competent jurisdiction to enjoin and/or abate any such nuisance, in the manner provided by law. Said action in any court of competent jurisdiction may be brought prior to notification to the owner, occupant, lessee, mortgagee or agent thereof and may be brought in the absence of any abatement procedure set forth in § 91.17.

(Prior Code, § 4-305) (Ord. 142, passed 5-7-2001)

§ 91.20 ABATEMENT OF NUISANCES.

   Whenever, in any action or proceeding set forth in § 91.99, it is established that a nuisance exists, the court may together with a fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.

(Prior Code, § 4-402) (Ord. 142, passed 5-7-2001)

Statutory reference:

   Authority to prohibit nuisances within zoning jurisdiction, see Neb. RS 18-1720

VACANT PROPERTY REGISTRATION

§ 91.35 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   COMMERCIAL ACTIVITY. Having the objective of supplying commodities (goods and services), industrial uses, industrial manufacturing and ancillary business functions.

   COMMERCIAL BUILDING. A building with more than 50% of its floor space used for commercial activity.

   EVIDENCE OF VACANCY. Any condition or circumstance that on its own or in combination with other conditions or circumstances would lead a reasonable person to believe that a residential building or commercial building is vacant. Such conditions or circumstances may include, but are not limited to:

      (1)   Overgrown or dead vegetation, including grass, shrubbery and other plantings;

      (2)   An accumulation of abandoned personal property, trash or other waste;

      (3)   Visible deterioration or lack of maintenance of any building or structure on the property;

      (4)   Graffiti or other defacement of any building or structure on the property; or

      (5)   Any other condition or circumstance reasonably indicating that the property is not occupied for residential purposes or being used for the operation of lawful business.

   OWNER. The owner of record on the records of the County Register of Deeds.

   RESIDENTIAL BUILDING. A housing structure or other framework, together with such land on which the dwelling and appurtenant buildings are located, that is used or intended to support occupancy of one or more persons for non-business purposes. This includes, but is not limited to, the following: a house, a condominium, a townhouse, an apartment unit or building or a trailer house.

   VACANT. The property has been vacant for 180 days or longer, and during such time, has continuously exhibited evidence of vacancy as described in this section.

(Ord. 274, passed 6-4-2024)

§ 91.36 APPLICABILITY AND ADMINISTRATION.

   (A)   This subchapter shall apply to any type of either residential or commercial building, or both, located within the corporate limits of the village, except any property owned by the federal government, the state or any political subdivision thereof, or any property specifically referenced in § 91.37.

   (B)   The village shall maintain a database of vacant property within the corporate limits of the village.

(Ord. 274, passed 6-4-2024)

§ 91.37 EXEMPTIONS.

   Property that is “for sale” or “for rent” or “for lease,” and where the owner can produce sufficient good faith evidence of active marketing of sale, rent or lease, shall be exempt from the vacant property registration and fee requirements.

(Ord. 274, passed 6-4-2024)