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§ 150.17 DETERMINATION; NOTICE.
   (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.”
 
   (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
§ 150.18 APPEAL; DEMOLITION; DUTY TO INFORM COUNTY.
   (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)
§ 150.19 EMERGENCY.
   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.
§ 150.20 SPECIAL ASSESSMENTS.
   (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)
§ 150.99 PENALTY.
   (A)   Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.
   (B)   (1)   Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.
      (2)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Prior Code, § 9-401) (Ord. 1-1001, passed 6-6-2000)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 17-207, 17-505, 18-1720 and 18-1722