Article 1. Building Inspector

§9-101   Falls City Code   §9-104

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, theGoverning 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.