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(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.
(A) If any owner of any building or structure fails, neglects or refuses to comply with notice by or on behalf of the village to repair, rehabilitate or demolish and remove a building or structure which is an unsafe building or structure and a public nuisance, the village may proceed with the work specified in the notice to the property owner. A statement of the cost of this work shall be transmitted to the Board of Trustees.
(B) The Board of Trustees may:
(1) Levy the cost as a special assessment against the lot or real estate upon which the building or structure is located. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments; or
(2) Collect the cost from the owner of the building or structure and enforce the collection by civil action in any court of competent jurisdiction.
(Neb. RS 18-1722)
BUILDING INSPECTOR
The Building Inspector shall be the village official who shall have the duty of enforcing all village building and housing regulations, if any. He or she shall inspect all buildings repaired, altered, built or moved in the village as often as necessary to ensure compliance with all village ordinances. He or she shall have the power and authority to order, at the direction of the Board of Trustees, all work stopped on any construction, alteration or relocation which violates any provisions prescribed in any village building and housing regulations. He or she shall, at the direction of the Board of Trustees, issue permission to continue any construction, alteration or relocation when the Board of Trustees is satisfied that no provision will be violated. If the stop order is an oral one, it shall be followed by a written stop order within one hour. This written order may be served by any village police officer. In the event that the village has building and housing regulations and the Board of Trustees fails to appoint a Building Inspector, the chief village law enforcement officer shall be the Building Inspector ex officio.
It shall be unlawful for any person to refuse to allow the Building Inspector entry into any building or structure where the work of construction, alteration, repair or relocation is taking place for the purpose of making official inspections at any reasonable hour.
Penalty, see § 10.99
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