[HISTORY: Adopted by the City Council of
the City of Papillion as Ch. 9, Art. 2, of the 1990 Code. Amendments
noted where applicable.]
A.
All buildings or structures which are structurally
unsafe or not provided with adequate egress or which constitute a
fire hazard or are otherwise dangerous to human life or which in relation
to existing use constitute a hazard to safety or health or public
welfare, by reason of inadequate maintenance, dilapidation, obsolescence,
fire hazard or abandonment as specified in this chapter and the Uniform
Building Code[1] or any other effective ordinances, are, for the purpose
of this chapter, unsafe buildings. All such unsafe buildings are hereby
declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the provisions specified
in this chapter.
B.
Whenever the occupancy of a building or portion thereof
becomes dangerous to life or limb by reason of the imminent or actual
failure or collapse of any wall or part of an adjacent building or
structure, the Chief Building Official or his or her agents or assistants
or the Chief of the Fire Department may order the immediate temporary
vacation of such building, or part thereof found to be unsafe, until
such dangerous condition is remedied or removed.
A.
The Chief Building Official or his or her agents or
assistants shall cause to be examined every building or structure
or portion thereof reported as dangerous or damaged and, if such is
found to be an unsafe building as defined in this chapter, the Chief
Building Official or his or her agents or assistants shall give to
the owner of such building or structure written notice stating the
defects thereof. This notice may require the owner or person in charge
of the building or premise, within 48 hours, to commence either the
required repairs or improvements or demolition and removal of the
building or structure or portions thereof, and all such work shall
be completed within 90 days from the date of notice, unless otherwise
stipulated by the Chief Building Official or his or her agents or
assistants, if necessary, such notice also shall require the building,
structure or portion thereof to be vacated forthwith and not reoccupied
until the required repairs and improvements are completed, inspected
and approved by the Chief Building Official or his or her agents or
assistants. Service of notice shall be personal service upon the owner
of record if he or she resides within the city limits. If he or she
does not reside within the city limits, such service may be made by
registered or certified mail; provided that if such notice is by registered
mail, the designated period within which said owner or person is required
to comply with the order of the Chief Building Official or his or
her agents or assistants shall begin as of the date he or she receives
such notice.
B.
Upon receipt of the notice from the permits and inspection
office, the owner, lessee, occupant or mortgagee of record may appear
before the Council and show cause why the municipality should not
condemn such building as a nuisance.
C.
The Council shall hear all objections made by the
owner, lessee, occupant or mortgagee of record of such building, as
well as evidence submitted by the permits and inspection office or
other person interested. All testimony shall be given under oath and
the Mayor or President of the City Council is authorized to administer
the necessary oath. If, after consideration of all the evidence produced,
the Council shall find that said building is a nuisance, it shall
resolve, order and direct the owner to cause said building or structure
to be torn down and removed; the resolution to be in the form prescribed
by the Council.
A.
After a building or structure has been declared a
nuisance and ordered torn down by the Council it shall be unlawful
to begin to use and/or occupy or to continue to use and/or occupy
the same. The Chief Building Official or his or her agents or assistants
shall cause to be posted at each entrance to such building a notice
to read:
|
DO NOT ENTER. UNSAFE TO OCCUPY.
PERMITS AND INSPECTIONS OFFICE
PAPILLION, NEBRASKA
|
B.
Such notice shall remain posted until the required
repair, demolition or removal are completed. Such notice shall not
be removed without written permission of the Chief Building Official
or his or her agents or assistants and no person shall enter the building
except for the purpose of making the required repairs or of demolishing
the building.
A.
Should the owner refuse or neglect to promptly comply
with the order of the Council to tear down and remove such building
or structure condemned as a nuisance, or place the premise in a safe
condition, the Chief Building Official or his or her agents or assistants
shall proceed with the tearing down and removal of such building or
structure, and/or the removal from such premise of the remaining debris,
and he or she shall place the premise in a safe condition. He or she
shall sell, dispose of and remove from the premise all materials,
rubbish and debris and leave the premise in a safe condition. The
money so obtained shall be applied to the cost of such work. Statement
of cost of such work shall be transmitted to the Council, which shall
cause the same to be paid and levied as a special assessment against
the property. The city shall also have the right to collect the cost
from the owner of the building or structure and enforce the collection
by civil action in any court of competent jurisdiction.[1]
B.
The costs incurred under this section shall be paid
out of the city treasury. Such costs shall be charged to the owner
of the premise involved as a special assessment on the land on which
the building or structure is located and shall be collected in the
manner prescribed for special assessments.
Any and all buildings or structures which have
any or all of the following defects are hereby declared to be dangerous
buildings:
A.
All buildings and structures whose walls or other
vertical structural members list, lean or buckle to such an extent
that a plumb line passing through the center of gravity falls outside
of the middle third of its base.
B.
All buildings and structures which, exclusive of the
foundation, show damage or deterioration of 1/3 or more of the supporting
member or members, or show damage or deterioration of 50% of the nonsupporting
members, enclosing or outside covering.
C.
All buildings and structures which have improperly
distributed loads upon floors or roofs or in which the same are overloaded,
or which have insufficient strength to be reasonably safe for the
purpose used.
D.
All buildings and structures which have been damaged
by fire, wind or other causes so as to have become dangerous to life,
safety or the general health and welfare of the occupants or the people
of the municipality.
E.
All buildings or structures which have become or are
so dilapidated, decayed, unsafe, unsanitary or which so utterly fail
to provide the amenities essential to decent living that they are
unfit for human habitation, or are likely to cause sickness or disease
so as to work injury to the health, morals, safety or general welfare
of those living therein.
F.
All buildings or structures having light, air and
sanitation facilities which are inadequate to protect the health,
safety or general welfare of human beings who live or may live therein.
G.
All buildings and structures which have inadequate
facilities for egress in case of fire or panic or those having insufficient
stairways, elevators, fire escapes or means of communication.
H.
All buildings and structures which have parts hereof
which are so attached that they may fall and injure person or property.
I.
All buildings and structures which because of their
condition are unsafe, unsanitary or dangerous to the health, safety
or general welfare of the people of the municipality.
The following standards shall be followed in
substance by the Chief Building Official or his or her agents or assistants
on ordering repair, vacation or demolition:
A.
If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered repaired.
B.
If the dangerous building is in such condition as
to make it dangerous to the health, morals, safety or general welfare
of its occupants, it shall be ordered vacated.
C.
If any case where a dangerous building is 50% damaged
or decayed or deteriorated from its original value or structure, it
shall be demolished and in all cases where a building cannot be repaired
so that it will no longer exist in violation of the terms of this
chapter, it shall be demolished. In all cases where a dangerous building
is a fire hazard existing or erected in violation of the terms of
this code or any statute of the State of Nebraska it shall be demolished.
All dangerous buildings within the terms of
this chapter are hereby declared to be nuisances and shall be repaired,
vacated or demolished as hereinbefore provided.
[Amended 5-5-1998 by Ord. No. 1264]
Any person who violates any of the prohibitions
or provisions of any section of this chapter shall be deemed guilty
of a misdemeanor. Unless otherwise specified in the particular section
for which the person stands convicted of violating, the penalty for
such violation shall be fined in any sum not exceeding $500 or imprisoned
six months, or both said fine and imprisonment at the discretion of
the sentencing court.
