When a structure or equipment is found by the code official to be unsafe or dangerous, or when a structure is found unfit for human occupancy, or is found unlawful, such structure or equipment may be declared as such pursuant to the provisions of this code, subject to the provisions of §
100-6 of this code.
A. Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation,
that partial or complete collapse is a significant concern.
B. Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure that is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
C. Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the code official finds that such structure is
unsafe, unlawful or because of the degree to which the structure is
in disrepair or lacks maintenance, is unsanitary, vermin or rat infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this code, or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
D. Unlawful structure. An unlawful structure is one found in whole or
in part to be erected, altered or occupied contrary to law.
E. Dangerous structure or premises. For the purpose of this code, any
structure or premises that has any or all of the conditions or defects
described as follows shall be considered to be dangerous:
(1) Any door, aisle, passageway, stairway, exit or other means of egress
that does not conform to the approved building or fire code of the
jurisdiction as related to the requirements for existing buildings.
(2) The walking surface of any aisle, passageway, stairway, exit or other
means of egress is so warped, worn loose, torn or otherwise unsafe
as to not provide safe and adequate means of egress.
(3) Any portion of a building, structure or appurtenance that has been
damaged by fire, earthquake, wind, flood, deterioration, neglect,
abandonment, vandalism or by any other cause to such an extent that
it is likely to partially or completely collapse, or to become detached
or dislodged.
(4) Any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof that is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place so as to be capable
of resisting natural or artificial loads of 1 1/2 the original
designed value.
(5) The building or structure, or part of the building or structure,
because of dilapidation, deterioration, decay, faulty construction,
the removal or movement of some portion of the ground necessary for
the support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fail or give way.
(6) The building or structure, or any portion thereof, is clearly unsafe
for its use and occupancy.
(7) The building or structure is neglected, damaged, dilapidated, unsecured
or abandoned so as to become an attractive nuisance to children who
might play in the building or structure to their danger, becomes a
harbor for vagrants, criminals or immoral persons, or enables persons
to resort to the building or structure for committing a nuisance or
an unlawful act.
(8) Any building or structure has been constructed, exists or is maintained
in violation of any specific requirement or prohibition applicable
to such building or structure provided by the approved building or
fire code of the City, or of any law or ordinance to such an extent
as to present either a substantial risk of fire, building collapse
or any other threat to life and safety.
(9) A building or structure, used or intended to be used for dwelling
purposes which, because of inadequate maintenance, dilapidation, decay,
damage, faulty construction or arrangement inadequate light, ventilation,
mechanical or plumbing system, or otherwise, is determined by the
code official to be unsanitary, unfit for human habitation or in such
a condition that is likely to cause sickness or disease. Any building
or structure which, because of a lack of sufficient or proper fire-resistance-rated
construction, fire protection systems, electrical system, fuel connections,
mechanical system, plumbing system or other cause, is determined by
the code official to be a threat to life or health.
(10)
Any portion of a building remains on a site after the demolition,
damage, or destruction of the building or structure or whenever any
building or structure is abandoned, so as to constitute such building
or portion thereof as an attractive nuisance or hazard to the public.
Whenever the code official declares a structure to be unsafe,
dangerous, unfit for human occupancy, or otherwise unlawful, the code
official may order the structure boarded, closed or otherwise secured
so as not to be an attractive nuisance. Upon failure of the owner
or owner's authorized agent to secure the premises within the
time specified in the order, the code official may post a closure
placard on the premises and cause the premises to be closed and secured
through any available public agency or by contract or arrangement
by private persons. The cost thereof may, to the extent permitted
by law, be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate and shall be
collected by any other legal resource.
A. The code official shall have the authority to authorize or request disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in §
100-11 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall follow all disconnection procedures required by law, and shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
Whenever the code official has closed or declared unsafe, unfit, unlawful or dangerous a structure or equipment under the provisions of this article, a notice shall be served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with §
100-39. The notice shall be in the form prescribed in §
100-38. In addition, a copy of such notice shall be filed with the county register of deeds as required by Neb. Rev. Stat. § 18-1722.01.
In addition to the notice described in §
100-45, the code official shall post on the premises or on defective equipment a placard bearing the words "Do Not Enter. This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official," "Unsafe. Do Not Use," or similar language, and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
A. Placard removal. The code official shall remove the placard whenever
the defect or defects upon which the placarding action was based have
been eliminated. Any person who defaces or removes a placard without
the approval of the code official shall be subject to the penalties
provided by this code.
Any occupied structure closed or placarded by the code official
shall be vacated as ordered by the code official. Any person who shall
occupy a closed or placarded premises or shall operate placarded equipment,
and any owner, owner's authorized agent or person responsible
for the premises who shall let anyone occupy a closed or placarded
premises or operate placarded equipment shall be liable for the penalties
provided by this code; provided, that the owner or his/her authorized
agents may enter the premises for the sole purpose of securing the
structure or making the required repairs.
The owner, owner's authorized agent, operator or occupant
of a building, premises or equipment deemed unsafe by the code official
shall abate or cause to be abated or corrected such unsafe conditions
whether by repair, rehabilitation, demolition or other approved corrective
action.
The code official shall document any building, premises or equipment
deemed unsafe, unfit, unlawful or dangerous.