(A) All buildings or structures or portions thereof, hereafter called "premises" which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety, health, or public welfare by reason of inadequate maintenance, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal as set forth herein.
(B) The Building Inspector shall examine or cause to be examined every premise reported to be a public nuisance as defined in division (A) above.
(C) If such premise is found to be a public nuisance, the Building Inspector shall give to the owner of such premises written notice stating the defects thereof. This notice may require the owner or person in charge of the premises to commence within a reasonable time either the required repairs of improvements or demolition and removal of the premises, and all such work shall be completed within 90 days from the date of the notice unless otherwise stipulated by the Building Inspector. If necessary, such notice shall also require the premises to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the Building Inspector. The notice shall also set forth a date, time, and place of a meeting of the City Council at which the City Council shall hear the testimony of all competent persons desiring to testify respecting the condition of the premise constituting the public nuisance, including the owner thereof, which testimony shall include the estimated costs of abatement and other matters which may be pertinent.
(D) Proper service of such notice shall be by personal service upon the owner of record if he or she shall be found within the corporate limits. If he or she is not found within the city limits, such service may be made upon said owner by registered mail or certified mail. The designated period within which said owner or person in charge is required to comply with the order of the Building Inspector shall begin as of the date he or she receives such notice.
(E) The Building Inspector shall cause to be posted at each entrance to such premises a notice to read:
"DO NOT ENTER, UNSAFE TO OCCUPY.
City of Wahoo."
Such notice shall remain posted until the required repair, demolition, or removal is completed. Such notice shall not be removed without written permission of the Building Inspector, and no person shall enter the premises except for the purpose of making the required repairs or of demolishing the premises.
(F) At the conclusion of the hearing of the City Council as set forth in division (C) above, the City Council shall, by resolution, declare its findings. If the City Council so concludes, it may declare the condition existing to be a public nuisance and direct the Mayor and/or the Building Inspector to proceed in accordance with the terms and conditions of the notice as set forth in division (C) above or as modified by the City Council and set forth within said resolution. Further, at the conclusion of the hearing of the City Council, if the premise poses an immediate danger to the health, safety, or general welfare of any person or persons, and the City Council so finds and if the owner fails to remedy the situation in a reasonable time, the City Council may summarily cause the repair or demolition or removal of such building or structure. Such determination shall be considered a final order of the city. The city shall thereafter file a copy of such resolution in the office of the Saunders County Register of Deeds. No fee shall be charged for such recording or the release of such recording.
(G) In case the owner shall fail, neglect, or refuse to comply with the notice and/or resolution to repair, rehabilitate, or demolish and remove said premises, the City Council may order the owner of the premises prosecuted as a violator of the provisions of this code and may order the Building Inspector to proceed with the work specified in such notice and/or resolution.
(H) If the city/Building Inspector proceeds to abate the nuisance, a statement of the cost of such work shall be transmitted to the City Council. Such costs shall be charged to the owner of the premises by the City Council, after giving notice to the owner of the premises and the opportunity of the owner to be heard regarding said costs. Such costs shall be charged to the owner of the premises involved as a special assessment on the land on which the premises is located and shall be collected in the manner provided for special assessments and/or collected from the owner of the premises and the city may enforce the collection by civil action in any court of competent jurisdiction.
(Neb. RS 18-1722) ('72 Code, § 3-602)
(Am. Ord. 2007, passed 10-16-08)