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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)
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
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)
(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)
(A) (1) Owner(s) of vacant property, as defined in this subchapter, shall voluntarily register such property with the Village Clerk-Treasurer.
(2) Registration shall be completed by the completion of a vacant property registration form in either paper or electronic form, upon which the following information shall be required:
(a) Name, street address, mailing address, telephone number and, if applicable, the facsimile number and email address of the property owner and his or her agent;
(b) Street address and parcel identification number of the vacant property;
(c) Transfer date of the instrument conveying the property to the owner;
(d) Date on which the property became vacant; and
(e) Owner plan of occupancy, which sets out the time period that the vacant property is expected to remain vacant and a plan and timetable for the following:
1. Returning the vacant property to the appropriate occupancy or use;
2. Marketing the property for sale or lease;
3. Making any necessary repairs; or
4. Demolition of the property, or removal in the case of a mobile home.
(3) The owner shall notify the village of any changes in information supplied as part of the vacant property registration within 30 calendar days of the change.
(B) Owners of vacant property shall be required to pay an initial registration fee 180 days after initial registration of the vacant property pursuant to division (A) above or 360 days after the property becomes vacant, whichever is sooner. The initial registration fee for residential properties shall be $250. The initial registration fee for commercial properties shall be $1,000.
(C) (1) Owners of vacant property shall be required to pay an additional supplemental fee each year for as long as the property remains on the vacant property registration data base. The supplemental fee shall be $500. The maximum supplemental fee charged shall not exceed $2,500.
(2) Should the property be identified by the village as vacant, the owner must register said property with the Village Clerk-Treasurer within 30 calendar days of written notice provided to the owner or the owner’s resident agent of the existence of the vacant property. Such notice shall be served on the owner or resident agent by personal service or by certified mail, return receipt requested. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the village or by conspicuously posting the notice on the commercial building or residential building which is vacant.
(Ord. 274, passed 6-4-2024) Penalty, see § 91.99
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