Chapter

150. BUILDING REGULATIONS

151. SUBDIVISION REGULATIONS

152. ZONING REGULATIONS

CHAPTER 150: BUILDING REGULATIONS

Section

Building Permits and Regulations

150.01 Duplicate to county assessor
150.02 Barricades and lights
150.03 Construction codes
150.04 Right of entry

Moving of Buildings

150.20 Deposit

Unsafe Buildings

150.40 Definition
150.41 Prohibitions
150.42 Determination; notice
150.43 Hearing and appeal
150.44 Emergency
150.45 Special assessments

BUILDING PERMITS AND REGULATIONS

§ 150.01 DUPLICATE TO COUNTY ASSESSOR.

Whenever a building permit is issued for the erection, alteration, or repair of any building within the municipality's jurisdiction, and the improvement is $2,500 or more, a duplicate of such permit shall be issued to the County Assessor.
(Neb. RS 18-1743) (`88 Code, § 9-203)

§ 150.02 BARRICADES AND LIGHTS.

It shall be the duty of the owner, tenant, or lessee causing the construction, demolition, or moving of any building or improvement within the municipality to have during such work all excavations, open basements, building materials, and debris protected by suitable guards or barricades by day, and by warning lights at night. The failure, neglect, or refusal of said persons to erect such guards shall constitute a violation of this section and the municipal police, County Sheriff or the Building Inspector shall stop all work until guards are erected and maintained as required.
(`88 Code, § 9-105)

§ 150.03 CONSTRUCTION CODES.

To provide certain minimum standards, provisions, and requirements for safe and stable design, methods of construction, and uses of materials for the erection, construction, enlargement, alteration, repair, relocation and conversion of buildings, homes and other structures, the City Council may adopt such constructions codes as it deems necessary. These codes shall be published and printed in book or pamphlet form and may be incorporated by reference by the City Council. One copy of such codes shall be on file in the office of the Municipal Clerk and shall be available for public inspection at any reasonable time. The provisions of such codes shall be controlling, to the extent they do not conflict with the statutes of the state of Nebraska, throughout the municipality and throughout its zoning jurisdiction. (`88 Code, § 9-601)

§ 150.04 RIGHT OF ENTRY.

It shall be unlawful for any person to refuse to allow the Building Inspector entry into any building or structure where the work of construction, alteration, repair, or relocation is taking place for the purpose of making official inspections at any reasonable hour.
(`88 Code, § 9-102) Penalty, see § 10.99

MOVING OF BUILDINGS

§ 150.20 DEPOSIT.

At such time as the building moving has been completed, the building inspector or other designated official shall inspect the premises and report to the Municipal Clerk as to the extent of damages, if any, resulting from the relocation and whether any municipal laws have been violated during the operation. Upon a satisfactory report from the building inspector or other designated official, the Municipal Clerk shall return the corporate surety bond, cash, or check deposited by the applicant. In the event the basement, foundation, or portion thereof is not properly filled, covered, or in a clean and sanitary condition, the City Council may apply the money deposited for the purpose of defraying the expense of correcting the conditions. If the expense of correcting the hazardous condition is greater than the amount of the deposit set by the City Council, as required herein, the City Council may recover such excess expense by civil suit or otherwise as prescribed by law.
(`88 Code, § 9-402)

UNSAFE BUILDINGS

§ 150.40 DEFINITION.

(A) The term UNSAFE BUILDING as used in this subchapter is hereby defined to mean and include any building, shed, fence, or other man-made structure:

(1) Which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;

(2) Which because of faulty construction, age, lack of proper repair, or any other cause is especially liable to fire and constitutes or creates a fire hazard; or

(3) Which by reason of faulty construction or any other cause is liable to cause injury or damage by the collapse or fall of all or any part of such structure.

(B) Any such unsafe building in the municipality is hereby declared to be a nuisance.
(`88 Code, § 9-501)

§ 150.41 PROHIBITIONS.

It shall be unlawful to maintain or permit the existence of any unsafe building in the municipality, and it shall be unlawful for the owner, occupant, or person in custody of any dangerous building to permit the same to remain in an unsafe condition or to occupy such building or permit it to be occupied while it is in an unsafe condition.
(`88 Code, § 9-502) Penalty, see § 10.99
Statutory reference:
Authority to prevent and abate nuisances and unsafe buildings, see Neb. RS 18-1720,
18-1722, and 18-1722.01

§ 150.42 DETERMINATION; NOTICE.

(A) Whenever the Board of Health or designated official is of the opinion that any building or structure in the municipality is an unsafe building, he or she shall file a written statement to this effect with the Municipal Clerk. The Clerk shall thereupon cause the property to be posted accordingly, shall file a copy of such determination in the office of the County Register of Deeds, and shall serve written notice upon the owner thereof, and upon the occupant thereof, if any, by certified mail or by personal service.

(B) Such notice shall state that the building has been declared to be in an unsafe condition, that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it, and that the condition must be remedied within 60 days from the date of receipt. Such notice may be in the following terms:

“To __________________________________ (owner-occupant of premises) of the premises known and described as _________________________________.

“You are hereby notified that __________________________________ (describe building) on the premises above mentioned has been determined to be an unsafe building and a nuisance after inspection by __________________________________________ . The causes for this decision are ________________________ (here insert the facts as to the dangerous condition).

“You must remedy this condition or demolish the building within 60 days from the date of receipt of this notice or the municipality will proceed to do so. Appeal of this determination may be made to the City Council, acting as the Board of Appeals, by filing with the Municipal Clerk within ten days from the date of receipt of this notice a request for a hearing.”

(C) If the person receiving the notice has not complied therewith within 60 days from the date of receipt of such notice, or taken an appeal from the determination that a dangerous building exists within ten days from the time when this notice is served upon such person by personal service or certified mail, the Building Inspector or other designated official may, upon orders of the City Council, proceed to remedy the condition or demolish the unsafe building.
(`88 Code, § 9-503)
Statutory reference:
Authority to prevent and abate nuisances and unsafe buildings, see Neb. RS 18-1720,
18-1722, and 18-1722.01

§ 150.43 HEARING AND APPEAL.

Upon receiving the notice to repair or demolish the building, the owner of the building, within the time stipulated, may in writing to the Municipal Clerk request a hearing before the City Council, sitting as the Board of Appeals, to present reasons why the building should not be repaired or demolished. The City Council shall grant such hearing within ten days from the date of receiving the request. A written notice of the City Council' decision following the hearing shall be sent to the property owner by certified mail. If the City Council rejects the appeal, the owner shall have 60 days from the sending of the decision to begin repair or demolition and removal. If after the 60-day period the owner has not begun work, the City Council shall proceed to cause such work to be done, provided that the property owner may appeal such decision to the appropriate court for adjudication, during which proceedings the decision of the City Council shall be stayed. Where the municipality has not adopted a building code, the statutes of Nebraska relating to bonded indebtedness and collection of delinquent taxes shall apply.
(`88 Code, § 9-504)
Statutory reference:
Authority to prevent and abate nuisances and unsafe buildings, see Neb. RS 18-1720,
18-1722, and 18-1722.01

§ 150.44 EMERGENCY.

Where any unsafe building or structure poses an immediate danger to the health, safety, or general welfare of any person or persons and the owner fails to remedy the situation in a reasonable time after notice to do so, the municipality may summarily repair or demolish and remove such building or structure.
(`88 Code, § 9-505)

§ 150.45 SPECIAL ASSESSMENTS.

(A) 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 City Council.

(B) The City Council may:

(1) Levy the cost as a special assessment against the lot or real estate upon which the building or structure is located; 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.

(C) Any such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.
(`88 Code, § 9-506)
Statutory reference:
Authority to prevent and abate nuisances and unsafe buildings, see Neb. RS 18-1720,
18-1722, and 18-1722.01

CHAPTER 151: SUBDIVISION REGULATIONS

Section

151.01 Subdivision regulations incorporated by reference

§ 151.01 SUBDIVISION REGULATIONS INCORPORATED BY REFERENCE.

To provide for harmonious development of the city and its environs; for the integration of new subdivision streets with other existing or planned streets or with other features of the Comprehensive Plan; for adequate open spaces for traffic, recreation, light, and air; for the distribution of population and traffic in a manner which will tend to create conditions favorable to health, safety, convenience, or prosperity; to insure conformance of subdivision plans with capital improvement programs of the city; and to secure equitable handling of all subdivision plans by providing uniform procedures and standards for observance by subdivides and the Planning Commission and City Council, the Subdivision Regulations for the City of Chappell, as prepared by the city and adopted by Ord. 478 (passed 11-18-02), including any amendments thereto as may be made therein from time to time, are hereby incorporated by reference herein as if set out in full. One copy of the Zoning Regulations shall be kept on file with the Municipal Clerk and available for public inspection during regular office hours.
(Ord. 477, passed 11-18-02)
Statutory reference:
Authority, see Neb. RS 18-132, 19-922

CHAPTER 152: ZONING REGULATIONS

Section

152.01 Zoning regulations incorporated by reference
152.02 Map; extra-territorial jurisdiction

§ 152.01 ZONING REGULATIONS INCORPORATED BY REFERENCE.

For the purpose of setting minimum standards to promote the public health, safety, morals, convenience, order, prosperity, and general welfare of the city and to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public improvements, the Zoning Regulations for the City of Chappell, as prepared and presented by the city and adopted by Ord. 479 (passed 11-18-02), including any amendments thereto as may be made therein from time to time, are hereby incorporated by reference herein as if set out in full. One copy of the Zoning Regulations shall be kept on file with the Municipal Clerk and available for public inspection during regular office hours.
(Ord. 478, passed 11-18-02)
Statutory reference:
Authority, see Neb. RS 18-132, 19-922

§ 152.02 MAP; EXTRA-TERRITORIAL JURISDICTION.

The city and certain properties within and up to 2 miles in all directions of its corporate limits are hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory material and documentation is hereby adopted by reference, declared to be part of the Zoning Regulations of the city and further declared to be part of this code. The official zoning map shall be identified by the signature of the Mayor, attested to by the Municipal Clerk, and bearing the seal of the city under the following words:

This is to certify that this is the Official Zoning Map referred to in Section 4.3 of Ordinance 479 of the City of Chappell, Nebraska, adopted November 18, 2002. The official zoning map of the area within the corporate limits and the planning jurisdiction area adjacent and two miles beyond the corporate limits of the City of Chappell, together with all changes, amendments, or additions thereto, shall be maintained in the office of the Municipal Clerk and available for public inspection during regular office hours.
(Ord. 478, passed 11-18-02)
Statutory reference:
Authority, see Neb. RS 18-132, 19-922