(A) It shall be the duty of every owner, occupant, lessee, or mortgagee of real estate in the municipality to keep it free of public nuisances. The Board of Health and/or Problem Resolution Team shall inspect the property as shall come to its/their attention as being in violation of these requirements. Should the owner of any property prohibit the Board of Health and/or Problem Resolution Team from entering upon the property to make inspection, the Board and/or Problem Resolution Team shall apply to the County or District Court for an order authorizing inspection of the property.
(B) Upon determination by the Board of Health, Problem Resolution Team, or designated official that the owner or occupant of any such real estate has failed to keep it free of nuisances, notice to abate and remove the nuisance, and notice of the right to a hearing before the governing body and the manner in which it may be requested, shall be given to each owner or owner’s duly authorized agent and to the occupant, if any, by personal service or by certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the municipality, or by conspicuously posting the notice on the real estate upon which the nuisance is to be abated and removed. The notice shall describe the condition as found by the Board of Health, Problem Resolution Team, or designated official and state that the condition has been declared a nuisance and must be remedied at once.
(C) If within five days after receipt of the notice or publication or posting, whichever is applicable, the owner or occupant of the real estate does not request a hearing with the municipality or fails to comply with the order to abate and remove the nuisance, the municipality may have the work done.
(D) If within five days after receipt of the notice or publication or posting, whichever is applicable, the owner or occupant requests in writing a hearing with the governing body, the governing body shall fix a time and place at which a hearing will be held. Notice of the hearing shall be given by personal service or certified mail and require the owner or occupant to appear before the governing body to show cause why the condition should not be found to be a nuisance and remedied. The notice shall be given not less than seven nor more than 14 days before the time of the hearing. Upon the date fixed for the hearing and pursuant to the notice, the governing body shall hear all objections made by the owner or occupant and shall hear evidence submitted by the Board of Health, Problem Resolution Team, or designated official. If after consideration of all the evidence, the governing body finds that the condition is a nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the nuisance at once. If the owner or occupant refuses or neglects to promptly comply with the order to abate and remove the nuisance, the governing body may have the work done or proceed under § 95.04.
(E) The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after the work is done, the municipality may either:
(1) Levy and assess the costs and expenses of the work upon the real estate so benefitted as a special assessment in the same manner as other special assessments for improvements are levied and assessed; or
(2) Recover in a civil action the costs and expenses of the work upon the real estate and the adjoining streets and alleys.
(Prior Code, § 4-303) (Ord. 1701, passed 9-19-1983; Ord. 2018-2965, passed 5-7-2018; Ord. 2020-3002, passed 4-6-2020; Ord. 2022-3057, passed 11-21-2022)
Statutory reference:
Authority, see Neb. RS 18-1720