If the nuisance is not abated within the period given in the notice, the Board of Trustees may determine to proceed. When, upon motion, it determines to proceed, the Board of Trustees shall give a second notice in the same manner set forth in § 92.26. The second notice shall establish a date, time and place at which all interested parties may appear before the Board of Trustees or such other person as the Board of Trustees specifies in the notice, and present evidence to determine whether the premises constitutes a public nuisance, and if determined to constitute a public nuisance, to be abated. Any interested party may appeal such decision of the Board of Trustees to the appropriate court for adjudication, during which proceedings, the decision of the Board of Trustees shall be stayed. The notice shall be substantially in the following form:
NOTICE OF HEARING TO DETERMINE EXISTENCE OF
PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART
[2d notice, certified mail or Law Enforcement deliver]
TO: [insert Owner, Occupant, Lessee, Mortgagee]
[insert Addresses]
Notice hereby given that on the day of , 20 , the Board of Trustees of the Village of Murray, Nebraska passed a motion declaring its intent to ascertain whether certain premises situated in the Village of Murray, Nebraska, known and designated as [insert street address] in said Village and more particularly described as follows: [insert legal description] constitutes a public nuisance subject to abatement. Hearing upon said motion to determine whether the above-noted premises constitutes a public nuisance shall be on the day of , 20 , at o'clock M., before the Board of Trustees in the Village Hall of Murray, Nebraska, at which time the Board of Trustees shall hear all evidence from any interested party pertaining to the above-noted issue. If said premises, in whole or part, are found to constitute a public nuisance, as defined by Chapter 92 Sections 92.20 and 92.21 of the Murray Municipal Code and if the same are not promptly abated, the Municipal Authorities shall abate the same and the cost of abatement shall be assessed upon such premises and such costs shall constitute a lien upon the land until paid.
Said alleged violations consist of the following: [insert description of violation].
DATED this day of , 20 .
Village of Murray, Nebraska
By Village Clerk
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Notice of Hearing to Determine Existence of Public Nuisance and to Abate in Whole or Part was mailed by registered or certified U.S. Mail, postage prepaid, on the day of , 20 to the following: [insert names and addresses].
Village of Murray, Nebraska
By Village Clerk
cc: Board of Trustees
(Ord. 408, passed 4-1-03)