Article 6. Unsafe Buildings

§9-601               UNSAFE BUILDINGS; DEFINITION. The term “unsafe building” as used in this Article is hereby defined to mean and include any building, shed, fence, or other manmade 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. (Ref. 18-1720, 18-1722, 18-1722.01 RS Neb.)

§9-602               UNSAFE BUILDINGS; PROHIBITION. 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. (Ref. 18-1720, 18-1722, 18-1722.01 RS Neb.)

§9-603               UNSAFE BUILDINGS; DETERMINATION AND NOTICE. Whenever the Building Inspector, the Chief of the Fire Department, the health official, or the Board of Health 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 sixty (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 sixty (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 ten (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 within sixty (60) days from the date of receipt of such notice, or taken an appeal from the determination of the officer or employee finding that a dangerous building exists within ten (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. (Ref 18-1720,18-1722, 18-1722.01 RS Neb.)

§9-604               UNSAFE BUILDINGS; HEARING AND APPEAL. 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 ten (10) days from the date of receiving the request. A written notice of the Governing Body̓s 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 sixty (60) days from the sending of the decision to begin repair or demolition and removal. If after the sixty (60) 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 stated. Where the Municipality has not adopted a building code, the statutes of Nebraska relating to bonded indebtedness and collection of delinquent taxes shall apply. (Ref 18-1720, 18-1722, 18-1 722.01 RS Neb.)

§9-605               UNSAFE BUILDINGS; EMERGENCY. 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.

§9-606               UNSAFE BUILDINGS; SPECIAL ASSESSMENTS. 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; 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. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments. (Ref 18-1720, 18-1722, 18-1722.01, 77-1725 RS Neb.)