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It shall be unlawful for any person, firm or corporation to move any building or structure within the municipality without a written permit to do so. Regulations and applications may be obtained from the County Zoning and Planning Commissioner.
(Prior Code, § 9-101) Penalty, see § 150.99
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MANUFACTURED HOME. A factory-built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was a built in compliance with the National Manufactured Home Construction and Safety Standards, 24 C.F.R. §§ 3280 et seq., promulgated by the United States Department of Housing and Urban Development; or a modular housing unit as defined in Neb. Rev. Stat. § 71-1557 bearing the seal of the Department of Health and Human Services, Regulation and Licensure.
(B) Residential zone.
(1) There shall be allowed in the residential zone of the village the placement of manufactured homes if any such manufactured home bears an appropriate seal which indicates that it was constructed in accordance with the standards of the Department of Health and Human Services, Regulation and Licensure, if prior to May 1, 1998, or by the Public Service Commission on or after May 1, 1998, or the United States Department of Housing and Urban Development. Such manufactured home shall be located and installed according to the same standards for foundation systems, permanent utility connections and setbacks and minimum square footage as would apply to a site-built single-family dwelling on the same lot.
(2) Any such manufactured home shall meet the following standards.
(a) The home shall have no less than 900 square feet of floor area on the ground floor.
(b) The home shall have no less than an 18-foot exterior width.
(c) The roof shall be pitched with a minimum vertical rise of two and one-half inches for each 12 inches of horizontal run.
(d) The exterior material shall be of a color, material and scale comparable with those existing in residential site-built, single-family construction.
(e) The home shall have a non-reflective roof material which is or simulates asphalt or wood shingles, tile or rock.
(f) The home shall have wheels, axles, transporting lights and removable towing apparatus removed from the home and removed from the building lot.
(3) Nothing in this section shall be deemed to supersede any valid restrictive covenants of record.
(Ord. 9-501, passed 12-7-2004)
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 § 150.99
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 § 150.99
Statutory reference:
Authority to prevent and abate nuisances, see Neb. Rev. Stat. § 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-Treasurer 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.
(2) The Clerk-Treasurer 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-Treasurer within ten days from the date of receipt of this notice a request for a hearing.”
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(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 orders of the Board of Trustees, proceed to remedy the condition or demolish the unsafe building.
Statutory reference:
Similar provisions, see Neb. RS 8-1722.01
(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-Treasurer 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. Rev. Stat. § 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. Rev. Stat. § 18-1722)
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