Definitions.

Omaha Municipal Code § 48-146

in effect

Sec. 48-146. - Definitions. Certain words and phrases in section 48-142 through section 48-162 are defined, when used in either singular or plural form herein, as follows: (a) Abandoned real property means any structure that is vacant and exhibits evidence of vacancy; and (1) Is a property that is the subject of a notice of sale by a lender or mortgagee pursuant to either a mortgage or deed of trust; or (2) Is a property that is the subject of a tax lien certificate; or (3) Is a property that is the subject of an active or ongoing action in foreclosure; or (4) Is a property that has been the subject of a sheriff's or trustee's sale in foreclosure, in which the highest or successful bidder was the beneficiary of a mortgage or deed of trust involved in the foreclosure; or (5) Is a property that is the subject of a deed in lieu of foreclosure in favor of the beneficiary of a mortgage or deed of trust. (b) Accessible property shall mean a property that is physically accessible through a compromised or breached gate, fence, wall or other barrier intended to provide physical security to the property, or by the absence of such barrier. (c) Accessible structure shall mean a structure or building that is unsecured, compromised or breached in such a way as to allow access to the interior space by unauthorized persons. (d) Boarded up shall mean that some or all of the structure'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 structure by persons, animals, or the elements of weather. (e) Building official shall mean the superintendent of the permits and inspection division or their designee(s). (f) Deterioration shall mean to weaken, disintegrate, corrode, rust or decay, and lose effectiveness that may result in the lowering in quality of the condition or appearance of a building, structure or parts thereof, which is characterized by holes, breaks, rot, crumbling, peeling, rusting, or any other evidence of physical decay, neglect or lack of maintenance. (g) Evidence of vacancy shall mean any condition or circumstance that on its own, or combined with other conditions or circumstances present, would lead a reasonable person to believe that a property is vacant. Such conditions may include, but not are limited to: (1) Overgrown or dead vegetation, including lawns, shrubbery and other plantings; (2) Accumulation of abandoned personal property, trash or waste; (3) Visible deterioration or lack of maintenance of any building or structure on the property; (4) Graffiti on or other defacement of any building or structures on the property; or (5) Any other condition or circumstance reasonably indicating that the property is not occupied. (h) Foreclosure shall mean the process, either judicial or non-judicial, invoked by the owner or holder of a mortgage or deed of trust, by which a property placed as security for a real estate loan is sold at public or private sale to satisfy the debt of the borrower in the event of a default by the borrower under the terms of the promissory note, mortgage or deed of trust. (i) Mortgagee shall mean the person or entity that is the owner or holder of a mortgage, deed of trust or similar instrument encumbering real property as security for a promissory note or other debt. (j) Neglected building shall mean any structure that is vacant and exhibits evidence of vacancy and wherein one or more of the following events have occurred: (1) Within the last six months, the property is the subject of two or more notices of violation of the provisions of chapter 48 of this code; (2) The structure is repeatedly unsecured for 30 days or more; (3) The structure has sustained significant fire, wind, or water damage, is uninhabitable and no visible signs of consistent efforts to repair, rehabilitate, demolish, or remove the structure are evident within 90 days after the occurrence resulting in the damage described herein; (4) The structure has been declared a nuisance pursuant to R.R.S. § 18-1722; (5) The structure has been boarded up for a period of more than 90 days; (6) The structure has been declared and placarded by the permits and inspection division as an unsafe structure pursuant to this code for more than two years; (7) The structure 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 this code; (8) The owner has failed to appear and a warrant has been issued in the County Court of Douglas County, Nebraska for a violation of chapter 48 of this Code regarding an unoccupied building or structure with violations; and (9) The owner has refused to accept service of notices of violations of chapter 48 of this Code, when proper service has been attempted. A vacant structure shall not be deemed a neglected building if such structure is compliant with this code, except that water, electric, or other utilities have been disconnected at the request of the owner. (k) Owner shall mean any person or entity who is a holder of any legal or equitable interest in the property, and either alone or jointly or severally with others: (1) Has record legal title to the property or any structure, regardless of any actual possession thereof; or (2) Has charge, care or control of the property or any structure, pursuant to any legal or equitable interest or as personal representative, trustee, or guardian of the estate of the owner. "Owner" shall not include a property manager or mortgagee, except a mortgagee defined as a responsible party under section 48-146(m). (l) Property manager shall mean a property manager, property management or maintenance company, or similar person or entity responsible for the maintenance of real property as agent of an owner or other responsible party. (m) Responsible party shall mean: (1) The owner; or (2) The owner or holder of a mortgage, deed of trust or similar instrument encumbering real property ("mortgagee") when the encumbered real property is subject to: a. A deed in lieu of foreclosure in favor of the mortgagee that has been delivered to the mortgagee; or b. A decree in foreclosure in favor of the mortgagee; or c. A trustee or sheriffs sale in which the mortgagee was the successful or highest bidder; or (3) Both the party described in section 48-146(m)(1) and (2) above. (n) Structure shall mean a building, accessory structure, or other framework used or intended to support permanent or continuous occupancy of either a residential or non-residential nature. (o) Unsecured shall mean that access to the structure may be obtained through open, unlocked, broken, or missing doors or windows in such a manner that access may be gained with little or no damage to any portion of the building. (p) Vacant parcel shall mean any property on which no building or structure exists thereon that exhibits evidence of vacancy or is not legally occupied. (Ord. No. 40565, § 1, 11-17-15)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=OMMUCOCHGEORVOII_CH48PRMA_ARTIAD_DIV15ABVAPR_S48-146DEFetched: 10/28/2026