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At such time as the building moving has been completed, the Building Inspector or other designated official shall inspect the premises and report to the Village Clerk as to the extent of damages, if any, resulting from the relocation and whether any village laws have been violated during the operation. Upon a satisfactory report from the Building Inspector or other designated official, the Village Clerk shall return the corporate surety bond, cash or check deposited by the applicant. In the event the basement, foundation or portion thereof is not properly filled, covered or in a clean and sanitary condition, the Board of Trustees may apply the money deposited for the purpose of defraying the expense of correcting the conditions. If the expense of correcting the hazardous condition is greater than the amount of the deposit set by the Board of Trustees, the Board of Trustees may recover the excess expense by civil suit or otherwise as prescribed by law.
UNSAFE BUILDINGS
(A) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
UNSAFE BUILDING. Includes any building, shed, fence or other human-made structure:
(a) Which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;
(b) Which because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire and constitutes or creates a fire hazard; or
(c) Which by reason of faulty construction or any other cause is liable to cause injury or damage by the collapse or fall of all or any part of the structure.
(B) Any such unsafe building in the village is hereby declared to be a nuisance.
Penalty, see § 10.99
It shall be unlawful to maintain or permit the existence of any unsafe building in the village, and it shall be unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in an unsafe condition or to occupy the building or permit it to be occupied while it is in an unsafe condition.
Penalty, see § 10.99
Statutory reference:
Authority to prevent and abate nuisances, see Neb. RS 18-1720
(A) (1) Whenever the Board of Trustees or its designee has made a determination that a building or other structure in the village is an unsafe building, it shall be the duty of the Village Clerk to post the property accordingly and to file a copy of such determination or resolution in the office of the County Register of Deeds to be recorded.
(Neb. RS 18-1722.01)
(2) The Clerk shall also serve written notice upon the owner and any occupant of the building or other structure by certified mail or personal service.
(B) This notice shall state that the building has been declared to be in an unsafe condition, that the dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it, and that the condition must be remedied within 60 days from the date of receipt. The notice may be in the following terms.
“To __________________________________ (owner-occupant of premises), of the premises known and described as _________________________________. |
“You are hereby notified that _______________________________ (describe building) on the premises above mentioned has been determined to be an unsafe building and a nuisance after inspection by ________________________________. The causes for this decision are ________________________ (here insert the facts as to the dangerous condition). |
“You must remedy this condition or demolish the building within 60 days from the date of receipt of this notice or the village will proceed to do so. Appeal of this determination may be made to the Board of Trustees, acting as the Board of Appeals, by filing with the Village Clerk within ten days from the date of receipt of this notice a request for a hearing.” |
(C) If the person receiving the notice has not complied within 60 days from the date of receipt of the notice, or taken an appeal from the determination that a dangerous building exists within ten days from the time when this notice is served upon that person by personal service or certified mail, the Building Inspector or other designated official may, upon the orders of the Board of Trustees, proceed to remedy the condition or demolish the unsafe building.
(A) Upon receiving the notice to repair or demolish the building, the owner of the building, within the time stipulated, may in writing to the Village Clerk request a hearing before the Board of Trustees, sitting as the Board of Appeals, to present reasons why the building should not be repaired or demolished. The Board of Trustees shall grant such a hearing within ten days from the date of receiving the request. A written notice of the Board of Trustees’ decision following the hearing shall be sent to the property owner by certified mail.
(B) If the Board of Trustees rejects the appeal, the owner shall have 60 days from the sending of the decision to begin repair or demolition and removal. If, after the 60-day period, the owner has not begun work, the Board of Trustees shall proceed to cause the work to be done, except that the property owner may appeal the decision to the appropriate court for adjudication, during which proceedings the decision of the Board of Trustees shall be stayed.
(C) Any village police officer or member of the Board of Trustees shall at once inform the County Treasurer of the removal or demolition of, or a levy of attachment upon, any item of real property known to him or her.
(Neb. RS 77-1725.01)
Where any unsafe building or structure poses an immediate danger to the health, safety or general welfare of any person or persons and the owner fails to remedy the situation in a reasonable time after notice to do so, the village may summarily repair or demolish and remove that building or structure.
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