Notice to abate and remove such nuisance shall be given to each owner or owner’s duly authorized agent and to the occupant, if any, by personal service or certified mail. 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 and removed. Within five 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. If the owner or occupant does request a hearing, the governing body shall cause a hearing date to be filed and notice thereof to be served upon the owner, or owner’s duly authorized agent, or the occupant. Such notice of hearing shall be by personal service or by certified mail and require such party or parties to appear before the governing body, or its designated hearing officer, to show cause why such condition should not be found to be a public nuisance and remedied. A return of service shall be required and such notice shall not be given less than five days prior to the hearing. The governing body shall hear all objections made by interested parties and hear all evidence concerning the condition of the property. If, after consideration of all of the evidence, the governing body shall find that the said condition is a public nuisance, it shall, by resolution, order and direct the owner or occupant to remedy the said public nuisance at once; provided, the party or parties may appeal such decision to the appropriate court for adjudication during which proceedings the decision of the governing body shall be stayed. Should the owner or occupant refuse or neglect to promptly comply with the order of the governing body, the governing body shall proceed to cause the abatement of the described public nuisance. Upon completion of the work by the municipality, the city shall transmit to the governing body which is authorized to levy the cost as a special assessment against the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments. In the alternative, the governing body may bill the landowner and recover in a civil action the costs and expenses of such work upon the lot or piece of ground.
(Prior Code, § 4-303) (Ord. 621, passed 6-7-2006)
Statutory reference:
Generally, see Neb. RS 16-230, 17-101, 18-1720