Lincoln, Neb., Mun. Code ch. 21.09 § 21.09.060

For purposes of this chapter, the following definitions shall apply:

Boarded up shall mean that some or all of the building’s doors or windows have been covered with plywood, wood, or metal sheeting, paneling, or other similar materials, for the purpose of preventing entry into the building by persons, animals, or the elements of weather.

Building shall mean a building, accessory structure, or other structure used or intended to support permanent or continuous occupancy or use for residential purposes.

Building and Safety shall mean the Division of Building and Safety within the Planning Department for the City of Lincoln, Nebraska.

City shall mean the City of Lincoln, Nebraska.

Deterioration shall mean to weaken, disintegrate, corrode, rust or decay, and lose effectiveness. The lowering in quality of the condition or appearance of a building, structure or parts thereof characterized by holes, breaks, rot, crumbling, peeling, rusting, or any other evidence of physical decay or neglect or excessive use or lack of maintenance over a substantial or widespread area as opposed to a limited or concentrated area.

Director shall mean the Planning Director or his or her designee.

Dwelling shall mean any building or structure that contains one or more dwelling units used, intended or designed to be built, used, rented, leased, let, or hired out to be occupied for living purposes. This includes, but is not limited to, single family houses, duplexes, and other similar buildings or structures.

Dwelling unit shall mean a single unit, with one or more rooms, providing complete independent living facilities for one or more persons, including, but not limited to, permanent living, sleeping, eating, cooking, bathing, showering, toilet, and other sanitation facilities.

LMC shall mean the Lincoln Municipal Code , including, but not limited to, all related building, construction, fire, plumbing, electrical, mechanical, and property maintenance codes.

Neglected building shall mean an unoccupied dwelling wherein one or more of the following events have occurred:

a. Within the last six months, the property is the subject of two or more notices of violation of the provisions of Chapters 5.38, 8.22, 8.26, 8.46, or 21.05 of the LMC;

b. The dwelling is repeatedly unsecured for 30 days or more;

c. The dwelling has sustained significant fire, wind, or water damage and is uninhabitable and no visible signs of consistent efforts to repair, rehabilitate, demolish, or remove the building are evident within 90 days after the occurrence resulting in the damage described herein;

d. The dwelling has been declared a nuisance pursuant to Neb. Rev. Stat. §18-1722 or LMC Chapter 8.26 ;

e. The dwelling has been boarded up for a period of more than ninety (90) days;

f. The dwelling has been declared and placarded by Planning as an unsafe structure pursuant to LMC Sections 21.05.160 or 21.05.190 for more than two years;

g. The dwelling has sustained substantial deterioration due to lack of maintenance and the owner has failed to comply with a previous notice to correct a violation of the LMC;

h. The owner has failed to appear and a warrant has been issued in the County Court of Lancaster County, Nebraska for a violation of Chapters 5.38, 8.22, 8.26, or 21.05 of the LMC regarding an unoccupied building or structure with violations in said chapters;

i. The owner has refused to accept service of notices of violations of Chapters 5.38, 8.22, 8.26, or 21.05 of the LMC, when proper service has been attempted.

A vacant dwelling shall not be deemed neglected if such dwelling is compliant with the LMC, except that water, electric, or other utilities have been disconnected at the request of the owner.

Occupancy shall mean the purpose for which a building or portion thereof is utilized or occupied.

Owner shall mean any person who is a holder of any legal or equitable interest in the premises, and alone or jointly or severally with others:

(a) Has record legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof; or

(b) Has charge, care or control of any dwelling or dwelling unit and has an interest in a structure, or as personal representative, trustee, or guardian of the estate of the owner. This shall not include resident agents.

Person, as used in this chapter, shall mean any individual, firm, association, corporation, company, syndicate, partnership, or other legal entity, or a natural person.

Premises shall mean a lot, plot, or parcel of land including the neglected building located thereon.

Resident agent shall mean a person residing within Lancaster County, Nebraska, or a company or agency with a manager or agent who resides in Lancaster County, Nebraska, who is authorized to conduct transactions, lease property, collect rents, make or order repairs, order or oversee service to dwellings and dwelling units, or receive notices on behalf of the owner.

Unoccupied building shall mean a building that is unattended and is not actively used as a dwelling.

Unsecured shall mean that access to the building may be obtained through open, unlocked, broken, or missing doors or windows of such building in such a manner that access may be gained with little or no damage to any portion of the building.

( Ord. 21786 §51; September 29, 2025 : Ord. 20058 §6; August 11, 2014).