(A) It shall be the duty of every owner, occupant, lessee, or mortgagee of real estate in the city to keep such real estate free of public nuisances. Upon determination by the Board of Health that said owner, occupant, lessee, or mortgagee has failed to keep such real estate free of public nuisances; the City Council shall thereupon cause written notice to be served upon the owner, occupant, lessee, mortgagee, or agent thereof, by publication and by registered mail or by personal service. Such notice shall describe the condition as found by the Board of Health, and state that said condition has been declared a public nuisance, and that the condition must be remedied at once. A return of service shall be required by the City Council. If the person receiving the notice has not complied therewith or taken an appeal from the determination of the Board of Health within ten days from the time when this notice is served upon such person, the Board of Health shall notify the City Council of such noncompliance and the City Council shall, upon receipt of such notice, cause a hearing date to be fixed and notice thereof to be served upon the owner, occupant, lessee, or mortgagee, or agent of the real estate. Such notice of hearing shall be by personal service or registered mail and require such party or parties to appear before the City Council to show cause why such condition should not be found to be a public nuisance and remedied. A return of service shall be required by the City Council. Such notice shall be given not less than five days prior to the time of hearing; provided that whenever the owner, lessee, occupant, or mortgagee of such real estate is a non-resident or cannot be found in the state, then the City Clerk shall publish in a newspaper of general circulation in the city such notice of hearing for two consecutive weeks, the last publication to be at least one week prior to the date set for the hearing. Upon the date fixed for the hearing and pursuant to notice, the City Council shall hear all objections made by interested parties and shall hear evidence submitted by the Board of Health. If, after consideration of all of the evidence, the City Council shall find that the said condition is a public nuisance, it shall, by resolution, order and direct the owner, occupant, lessee, or mortgagee to remedy the said public nuisance at once; provided, the party or parties may appeal such decision to the appropriate court for adjudication, during which proceedings the decision of the City Council shall be stayed. Should the owner or occupant refuse or neglect to promptly comply with the order of the City Council, the City Council shall proceed to cause the abatement of the described public nuisance.
(B) In case any owner of any building or structure shall fail, neglect, or refuse to comply with notice by or on behalf of the city to repair, rehabilitate, or demolish and remove a building or structure which is an unsafe building or structure, or to abate a public nuisance, the city may proceed with the work specified in the notice to the property owner. A statement of the cost of such work shall be transmitted to the City Council, which is authorized to and which shall levy the cost as a special assessment against the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.
(Prior Code, § 4-203) (Ord. 401, passed 4-2-1985)
Statutory reference:
Related provisions, see Neb. RS 18-1720 and 18-1722