Registration penalty; lien on property; assessment process.

Omaha Municipal Code § 48-156

in effect

Sec. 48-156. - Registration penalty; lien on property; assessment process. (a) In addition to reimbursing the city for all registration fees paid by the city, any responsible party who fails to timely register abandoned real property or a neglected building, as required by this chapter, shall be liable for a civil penalty of $500.00. (b) Each civil penalty herein shall automatically renew for an additional 90 days, unless the abandoned real property or neglected building is properly registered and the current and any outstanding fee(s) is paid, as required by this division, or is removed from the registration list as set forth in this division. (c) If a building continues to meet the definition of abandoned real property or a neglected building for a period of more than 90 calendar days after notice is given, or has been registered, and the owner fails or refuses to register or re-register the abandoned real property or neglected building after the initial registration expires, or if the city has not been reimbursed for any portion of registration fees paid by the city, or an assessed civil penalty is not paid, the building official shall continue to assess a penalty of $500.00 for each 90-calendar-day period, or portion thereof, the abandoned real property or neglected building continues to be unregistered or the registration fees or civil penalties are not paid. At no time shall the amount of unreimbursed registration fees, civil penalties, and assessments exceed $4,000.00 per property or structure in a calendar year, but shall be cumulative in following years. The building official, upon approval by the property maintenance appeals board, may reduce, waive, or stay the imposition of a civil penalty herein for good cause shown by the responsible party in efforts to comply with this section or an approved plan. (d) All registration fee reimbursements and civil penalties assessed shall be payable directly to permits and inspection division. (e) The responsible party for the property at the time any notice given pursuant to section 48-148(a) is issued shall be personally liable for all unreimbursed registration fees and unpaid civil penalties. Any unreimbursed fees and penalties shall also be a lien on any real property upon which the abandoned real property or neglected building is wholly or partially located, from the date of assessment of fees and civil penalties. Interest as allowed by applicable Nebraska law shall also accrue. In the event any responsible party fails to pay the fee or penalty required herein, the city may assess such penalty upon the property in the same manner as special assessments, or the city may sue any such person or persons in any court of competent jurisdiction for the amount of the fee or penalty due and payable under the terms and provisions of this division, and may recover a judgment against such person or persons for the amount so due, together with interest. (f) The building official shall develop policies and procedures for the implementation of this penalty. (g) The building official shall keep an itemized account through the use of the appropriate system or software employed by the permits and inspections division of the expenses incurred by the city pursuant to this section. For assessment of unpaid fees and civil penalties hereunder, the building official shall prepare and file with the city clerk a report specifying the actions taken, the itemized and total cost of the actions, a description of the real property upon which the building or structure is or was located, and the names and addresses of the owners of the property. (h) Upon receipt of said report, the city clerk shall present it to the city council for consideration. The city council shall fix a time, date, and place for hearing said report and any protests or objections thereto. The city clerk shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the city, and served by regular first class U.S. Mail, postage prepaid, addressed to the owner of said property as the owner's name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the clerk. Deposit of the notice with the United States Postal Service shall be deemed good service. Such notice shall be given at least ten days prior to the date set for the hearing and shall specify the day, hour, and place the city council will hear and pass upon the building official's report, together with any objection or protests which may be made thereto, and assess such property with such cost. Such assessment shall be a lien upon such property from the date of assessment, shall become delinquent 30 days after the date of assessment, and shall draw interest from said date until paid at the same rate as provided by law for delinquent general real estate taxes. Foreclosure on a lien shall be pursuant to Nebraska law. (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_S48-156REPELIPRASPRFetched: 10/28/2026