(A) Abatement.
(1) Whenever a law enforcement officer, code enforcement officer or other designee of the City Council determines a nuisance is being maintained within the city, he or she shall cause written notice to be served upon the owner of the premises on which such nuisance is located, and further, upon the occupant thereof, by certified mail or by personal service. The notice shall state the type of nuisance located on the premises and shall provide that such nuisance shall be abated or removed within 15 calendar days of receipt of the notice, except the notice shall state that such nuisance shall be abated or removed within five calendar days of receipt of the notice when the nuisance pertains to weeds or grass.
(2) In all nuisance abatement actions, if notice by certified mail or personal service is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the premises upon which the nuisance is to be abated or removed. Within five calendar days after receipt of such notice or publication or posting, whichever is applicable, if the owner or occupant of the premises does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance by the applicable deadline, the city may have such work done and assess the cost of such work against the property involved or recover such costs in a civil action, provided, however, the owner or occupant shall request a hearing within three calendar days when the nuisance pertains to weeds or grass. Any request for hearing shall be made in writing and received in the office of the City Clerk by the date it is due.
(B) Cost of removal.
(1) If the owner or occupant of the lot or piece of ground fails to comply with the order to abate and remove the nuisance within 15 days from receipt of the notice to abate, or in the case of a nuisance involving weeds or grass, the owner or occupant of the lot or piece of ground fails to comply with the order to abate and remove the nuisance within five days from receipt of the notice to abate, the city may have such work done, and the cost and expense of such work shall be paid by the owner of the property. If unpaid for two months after such work is done, the city may either levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied and assessed or recover in a civil action the costs and expenses of the work.
(Prior Code, § 2-604)
(2) Whenever the city is required or chooses to have the work done necessary to remove or abate any nuisance, the city shall charge $125 per hour, with a two-hour minimum, for the city staff to perform such work necessary to accomplish the same.
(C) Notice by publication. In all nuisance abatement actions, if notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated or removed. Within 15 days after receipt of such notice or publication or posting, whichever is applicable, if the owner or occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done and assess the cost of such work against the property involved or recover such costs in a civil action.
(Prior Code, § 2-605)
(Ord. 292, passed 7-31-2002; Ord. 325, passed 1-27-2005; Res. 2010-04, passed 7-26-2010; Ord. 449, passed 8-9-2021)
Statutory reference:
Authority to regulate and abate nuisances, see Neb. RS 18-1720
Nuisances prohibited, see Neb. RS 28-1321
Similar provisions, see Neb. RS 17-563
Zoning jurisdiction, Neb. RS 17-1001