(A) It shall be the duty of every owner or occupant of real estate in the municipality to keep such real estate free of public nuisances. Upon determination by the Board of Health that the owner or occupant has failed to keep such real estate free of public nuisances, notice to abate and remove such nuisance and notice of the right to a hearing before the Board of Trustees, and the manner in which it may be requested, shall be given to the owner or occupant, or the owner’s or occupant’s duly authorized agent, by personal service or certified mail. If after reasonable efforts of notice by personal service or certified mail have been made, the responsible person or entity cannot be located for service, then service may be mailed such notice to the address to which property tax statements are mailed by the county, and by conspicuously posting such notice on the real estate. Such notice shall describe the condition as found by the Board of Health, state that the condition has been declared a public nuisance, and that the condition must be remedied at once. Within ten days after the receipt of such notice or after posting such notice on the real estate, as the case may be, if the owner or occupant of the real estate does not request a hearing or fails to comply with the order to abate and remove the nuisance, the municipality shall have such work done, and may levy and assess the costs and expenses of the work upon the real estate so benefitted in the same manner as other special taxes for improvements are levied and assessed.
(B) If the owner or occupant requests in writing a hearing with the Board of Trustees, the Board of Trustees 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 Board of Trustees to show cause why such condition should not be found to be a public nuisance and remedied. Such notice shall be given no less than seven and no more than 14 days before the time of the hearing. Upon the date fixed for the hearing and pursuant to the notice, the Board of Trustees shall hear all objections made by the owner or occupant, and shall hear evidence submitted by the Board of Health. If after consideration of all the evidence, the Board of Trustees finds that the condition is a public nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the public nuisance at once. If the owner or occupant refuses or neglects to promptly comply with the order of the Board of Trustees, the Board of Trustees shall proceed to cause the abatement of the described public nuisance, and may levy and assess the costs and expenses of the work upon the real estate so benefitted in the same manner as other special taxes for improvements are levied and assessed.
(Am. Ord. D-309, passed 5-5-2015)
Cross reference:
Authority to obtain injunction against nuisance, see § 10.99
Statutory reference:
Authority to regulate and abate nuisances, see Neb. RS 18-1720
Authority to remove garbage from land, see Neb. RS 18-1752