§ 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)

§ 91.38 PROCEDURE AND FEES.

   (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

§ 91.39 INSPECTIONS.

   The Village Clerk-Treasurer or his or her designee shall inspect the interior and exterior of the vacant property upon registration and at one-year intervals thereafter for so long as the property remains on the vacant property registration database.

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

§ 91.40 COLLECTION OF FEES AND FINES.

   (A)   Any and all civil penalties or fees assessed under this subchapter shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties permits the village to pursue any and all available legal remedies for the enforcement and collection of such penalties, including, but not limited to, suits or actions being maintained in any court of competent jurisdiction, abatement of nuisances maintained in violation of this subchapter, institution of injunction, mandamus or other appropriate action or proceedings to enforce the penalty provisions of this subchapter and § 91.99(B). This subchapter in no way limits the penalties, actions or abatement procedures which may be taken by the village for a violation of any other ordinance of the village or statute of the state.

   (B)   Unpaid vacant property registration fees and unpaid fines for any violation of this subchapter shall become a lien on the applicable property upon the recording of a notice of such lien in the office of the County Register of Deeds. The lien created under this division (B) shall be subordinate to all liens on the applicable property recorded prior to the time the notice of such lien under this division (B) is recorded.

(Ord. 274, passed 6-4-2024) Penalty, see § 91.99