1. Effective Methods For Property Clean Up
LARM Southeastern Risk Management Seminar June 25, 2019
Clint Schukei

2. Nuisances, water, weeds & litter (includes vehicle parts)
N.R.S st Class Cities
N.R.S nd Class Cities, Villages
Nuisances, water, weeds & litter (includes vehicle parts)

4. Declare and Abate Nuisances
N.R.S
Declare and Abate Nuisances
Nuisances; definition; prevention; abatement. All cities and villages in this state are hereby granted power and authority by ordinance to define, regulate, suppress and prevent nuisances, and to declare what shall constitute a nuisance, and to abate and remove the same. Every city and village is authorized to exercise such power and authority within its zoning jurisdiction.

6. The Clampett’s on the Move

8. N.R.S. 18-1722 Specific to Buildings 18-1722.
Buildings; repair, rehabilitate, or demolish; remove; cost; special assessment; civil action.
If any owner of any building or structure fails, neglects, or refuses to comply with notice by or on behalf of any city or village to repair, rehabilitate, or demolish and remove a building or structure which is an unsafe building or structure and a public nuisance, the city or village 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.

10. N.R.S & Provide For:
Notice
2. Abatement
3. Special Assessment

11. Do You Want to Clean up With:
City Monies or
2. Owner Monies

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19. BOWLING ANYONE?

22. Problem Structure Condemn Placarded/No Occupancy Notice Served Remedy:
Repair
Rehabilitate
Demolition

23. Successful Rehabilitation???

24. Problem Structure that Cannot be Remedied
Demolition Ordered
Appeal Rights Delineated (20 days)

26. Be sure to include element of: What is being appealed And reason
Need Application For Appeal
Be sure to include element of:
What is being appealed
And reason

27. Prepare Detailed Meeting Procedures for Chairman

28. Board of Appeals Makeup
Registered architect or a builder
Structural engineering or architectural experience
Mechanical or plumbing engineering experience
Electrical engineering experience or an electrical contactor
Fire protection engineering or fire protection contractor

30. Each day $500 penalty
Common Practice – Fine & Credit
Can also tear down & assess

31. Challenge Notice See: Blanchard vs. Ralston 4 Neb.App. 692 (1996)

32. Deed vs. Assessment
Time

34. Charge All Owners

35. Anyone having a legal or equitable interest in the property
Who is an Owner?
Anyone having a legal or equitable interest in the property

36. Alternative to Ordinance Violation (criminal) is Civil Approach

38. Why County Court Already there regularly
Speed – answer date, judge availability, etc.

39. What if Access is an Issue?
Inspection Warrant
N.R.S to N.R.S

40. N.R.S. 29-831 Provides: 29-831. Peace officer, defined.
As used in sections to , unless the context otherwise requires:
All state, county, city and village officers and their agents and employees, charged by statute or municipal ordinance with powers or duties involving inspection of real or personal property, building premises and contents, including but not limited by enumeration to housing, electrical, plumbing, heating, gas, fire, health, food, zoning, pollution, water, and weights and measures inspections, shall be peace officers for the purpose of applying for, obtaining and executing inspection warrants.

42. AFFIDAVIT

43. WARRANT

46. RETURN

48. N.R.S. 60-1901 60-1901. Abandoned vehicle, defined.
(1) A motor vehicle is an abandoned vehicle:
(a) If left unattended, with no license plates or valid In Transit stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto, for more than six hours on any public property;
(b) If left unattended for more than twenty-four hours on any public property, except a portion thereof on which parking is legally permitted;
(c) If left unattended for more than forty-eight hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
(d) If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;
(e) If left for more than thirty days in the custody of a law enforcement agency after the agency has sent a letter to the last-registered owner under section ; or
(f) If removed from private property by a municipality pursuant to a municipal ordinance.

49. N.R.S
Note:
Also provisions in for all terrain vehicles and for mobile homes

50. Regulations for Disposition of Abandoned Vehicles

52. SELL OR KEEP?

53. Example Procedure Contact – Warn 30 days later – Cite
7 days later – Cite Again
7 days later - Tow

54. Codes or Police
1100 calls
42 citations
0 tows

57. FAKE NEWS

60. Contact Information
Clint Schukei
Attorney
Norfolk, NE