§9-101   Falls City Code   §9-101.01

Article 1. Building Inspector
§9-101 DANGEROUS BUILDING; NOTICE, CORRECTION OF DEFECT.
Whenever the Building Inspector shall find any building, structure,
or part thereof, including any building or structure in the
process of erection or relocation is in such condition as to be
unsafe for the purpose for which it is to be used, is currently
used or is in immediate danger from fire due to defects in
construction, the Building Inspector may order that such use be
discontinued or the structure or portion thereof in violation
vacated or take such other measures as he deems necessary. He
shall immediately notify in writing the owner, agent, or person in
possession to adopt and put into effect such precautionary measures
as may be necessary to place the building or structure in a safe
condition or may order the owner to demolish and remove the
building or structure if it is unsafe and a public nuisance. Such
notice shall state briefly the nature of the work required to be
done and shall specify the time within which it shall be completed,
which time shall be fixed by the Building Inspector upon taking
into consideration the condition of the building and the danger to
life or property which results from its unsafe condition. In the
event that the owner or person in possession of such building is
unable to be found, the Building Inspector shall forward notice by
registered mail to the owner of record at his or her last known
address, and in addition thereto shall post in a conspicuous place
upon such building a printed notice that the building has been
declared to be in a dangerous condition and haws been condemned by
the Building Inspector. It shall be unlawful to remove the said
notice. In the event the owner, agent, or person in possession
shall fail, neglect, or refuse to put the building in a safe
condition within the time specified in the notice, the Governing
Body may order the Building Inspector to proceed to cause the work
to be done and the costs thereof shall be assessed and levied as a
lien against the property as provided by statute. (Ref. 18-1722
RS Neb.)
§9-101.01 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. 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.)
§9-102 UNSAFE BUILDING RESOLUTION; RECORDING. Whenever the
Governing Body shall determine that a property is unsafe the
Governing Body shall determine that a property is unsafe or unfit
for human occupancy because of one or more violations of the
housing code or has decided by resolution or other determination,
that a building is unsafe because of one or more violations of the
dangerous building code. the Building Inspector shall post the
property accordingly and file a copy of such determination or
resolution in the office of the Register of Deeds of the county to
be recorded. (Ref. 18-1722.01 RS Neb.)
§9-103 BUILDING INSPECTOR; DANGEROUS BUILDING. Whenever the
Building Inspector shall find any building, structure, or part
thereof, including any building or structure in the process of
erection or relocation in such conditions as to be unsafe for the
purpose for which it is to be used, is currently used, or is in
immediate danger from fire due to defects in construction, he shall
immediately notify in writing the owner, agent, or person in
possession to adopt and put into effect such precautionary measures
as may be necessary to place the building in a safe condition.
Such notice shall state briefly the nature of the work required to
be done and shall specify the time within which it shall be
completed, which time shall be fixed by the Building Inspector upon
taking into consideration the condition of the building and the
danger to life or property which results from its unsafe condition.
In the event that the owner of person in possession of such
building is unable to be found, the Building Inspector shall
forward notice by registered Mail to the owner of record at his or
her last known address, and in addition thereto shall post in a
conspicuous place upon such building a printed notice that the
building has been declared to be in a dangerous condition and has
been condemned by the Building Inspector. It shall be unlawful to
remove the said notice. In the event the owner, agent, or person
in possession shall fail, neglect, or refuse to put the building in
a safe condition within the time specified in the notice, the
Governing Body may order the Building Inspector to proceed to cause
the work to be done and the costs thereof shall be assessed and
levied as a lien against the property.
§9-104 PLANS, PLATS, AND THE LIKE; MUNICIPAL OFFICIALS; DUTY.
(1) A municipal official charged with the duty or responsibility
of accepting or approving plans, specifications, plats, and reports
shall not accept or approve plans, specifications, plats, or
reports which have not been prepared in accordance with the
Engineers and Architects Regulation Act. (Neb. RS 81-3447)
(2) A municipal official with the duty or responsibility
of accepting or approving plans, specifications, geological maps,
and reports shall not accept or approve plans, specifications,
geological maps, or reports which have not been prepared in
accordance with the Geologists Regulation Act. (Neb. RS 81-3538)
(Ord. #99-128)
Statutory reference:
Geologist license not required for certain municipal work and
other specified activities, see Neb. RS 81-3541.
Similar exemptions under the Engineers and Architects
Regulation Act, see Neb. RS 81-3449 and 81-3453.