The term "unsafe building" as used in this Article is hereby
defined to mean and include any building, shed, fence, or other man-made
structure (a) which is dangerous to the public health because of its
condition, and which may cause or aid in the spread of disease or
injury to the health of the occupants of it or neighboring structures;
(b) which because of faulty construction, age, lack of proper repair,
or any other cause is especially liable to fire and constitutes or
creates a fire hazard; (c) which by reason of faulty construction
or any other cause is liable to cause injury or damage by the collapse
or fall of all or any part of such structure. Any such unsafe building
in the Municipality is hereby declared to be a nuisance.
It shall be unlawful to maintain or permit the existence of
any unsafe building in the Municipality 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 such
building or permit it to be occupied while it is in an unsafe condition.
Whenever the building inspector, the fire official, the health
official, or the Governing Body shall be of the opinion that any building
or structure in the Municipality is an unsafe building, he shall file
a written statement to this effect with the Municipal Clerk. The Clerk
shall thereupon cause the property to be posted accordingly, and shall
file a copy of such determination in the office of the County Register
of Deeds, and shall serve written notice upon the owner thereof, and
upon the occupant thereof, if any, by certified mail or by personal
service. Such notice shall state that the building has been declared
to be in an unsafe condition; and that such 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. Such notice may be in the following
terms:
"To. __________________________ (owner-occupant of premises)
of the premise 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 Municipality
will proceed to do so. Appeal of this determination may be made to
the Governing Body, acting as the Board of Appeals, by filing with
the Municipal Clerk within 10 days from the date of receipt of this
notice a request for a hearing."
If the person receiving the notice has not complied therewith
or taken an appeal from the determination of the officer or employee
finding that a dangerous building exists within 10 days from the time
when this notice is served upon such person by personal service or
certified mail, the Building Inspector may, upon orders of the Governing
Body, proceed to remedy the condition or demolish the unsafe building.
Upon receiving the notice to repair or demolish the building,
the owner of the building, within the time stipulated, may in writing
to the Municipal Clerk request a hearing before the Governing Body,
sitting as the Board of Appeals, to present reasons why the building
should not be repaired or demolished. The Governing Body shall grant
such hearing within 10 days from the date of receiving the request.
A written notice of the Governing Body's decision following the hearing
shall be sent to the property owner by certified mail. If the Governing
Body rejects the appeal, the owner shall have five days from the sending
of the decision to begin repair or demolition and removal. If after
the five-day period the owner has not begun work, the Governing Body
shall proceed to cause such work to be done; Provided, the property
owner may appeal such decision to the appropriate court for adjudication
during which proceedings the decision of the Governing Body shall
be stayed. Where the Municipality has not adopted a building code,
the statutes of Nebraska relating to bonded indebtedness and collection
of delinquent taxes shall apply.
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 by the Building Inspector to do so, the Municipality may summarily
repair or demolish and remove such building or structure.
[Amended by Ord. 889, 7-23-1991]
If any owner of any building or structure fails, neglects, or
refuses to comply with notice by or on behalf of the Municipality
to repair, rehabilitate, or demolish and remove a building or structure
which is unsafe and a public nuisance, the Municipality may proceed
with the work specified in the notice to the property owner. A statement
of the cost of such work shall be transmitted to the Governing Body.
The Governing Body 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.
(Ref. 18-1720, 18-1722, 18-1722.01, 77-1725 RS Neb.)