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It shall be unlawful to maintain or permit the existence of any unsafe building in the city, 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. RS 18-1720
(A) (1) Whenever the City Council or its designee has made a determination that a building or other structure in the city is an unsafe building, it shall be the duty of the City 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 city will proceed to do so. Appeal of this determination may be made to the City Council, acting as the Board of Appeals, by filing with the City 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 orders of the City Council, 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 City Clerk request a hearing before the City Council, sitting as the Board of Appeals, to present reasons why the building should not be repaired or demolished. The City Council shall grant such a hearing within ten days from the date of receiving the request. A written notice of the City Council’s decision following the hearing shall be sent to the property owner by certified mail.
(B) If the City Council 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 City Council 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 City Council shall be stayed.
(C) Any city police officer or member of the City Council 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)
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