Lincoln, Neb., Mun. Code ch. 21.05 § 21.05.200

Section 110 of the International Property Maintenance Code is amended to read as follows:

SECTION 110 - DEMOLITION

110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official’s judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond six months, unless approved by the building official.

110.2 Notices and orders. All notices and orders shall comply with Section 107.

110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order or an order giving the owner the option to repair and make safe or demolish, within the time prescribed, the code official shall cause the structure to be demolished and removed or repaired and made safe, as prescribed by current city contract procedure, and the cost of such demolition and removal or repair shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

110.4 Salvage materials. When any structure has been ordered demolished and removed, the City Council under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

110.5 Recovery of Cost of Repair or Demolition.

110.5.1 Account of Expense. The code official shall keep an itemized account of the expenses incurred by the City in the repair or demolition of any building done pursuant to this code. Upon the completion of the work of repair or demolition, said code official shall prepare and file with the city clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located and the names and addresses of the owners of the property.

110.5.2 Notice of Hearing. Upon receipt of said report, the city clerk shall present it to the City Council for consideration. The City Council shall fix a time, date, and place for hearing said report and any protests or objections thereto. The city clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the City, and served by certified mail, postage prepaid, addressed to the owner of said property as the owner’s name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the clerk. Such notice shall be given at least ten days prior to the date set for the hearing and shall specify the day, hour and place the Council will hear and pass upon the code official’s report, together with any objection or protests which may be made thereto, and assess such property with such cost. Such assessment shall be certified by the city clerk to the appropriate taxing official for the City, and shall be collected in the manner provided by law for the collection of general real estate taxes. Such assessment shall be a lien upon such property from the date of assessment, shall become delinquent December 1 after the date of assessment, and shall draw interest from said date until paid at the same rate as provided by law for delinquent general real estate taxes. (Ord. 19349 §20; March 1, 2009).