MEANS OF APPEAL

Omaha Municipal Code ch. 48, art. I, div. 11

in effect

Omaha Municipal Code § 48-101 Application for appeal.

Sec. 48-101. - Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the property maintenance appeals board established pursuant to division 14 of this chapter, provided that a timely written application for appeal is filed. For the purposes of an appeal from a notice of violation, to be timely, such appeal shall be filed before the expiration of 30 days after the final extension as defined in Table 48-62(4) in section 48-62. For the purposes of an appeal from an order to vacate or close or a demolition order, to be timely, such appeal shall be filed within 30 days after such order. If the decision, notice or order was served by first-class mail, then three business days shall be added to the time for appeal. Appealable issues shall include, but not be limited to, notices of violation, repair orders, placards, notices to vacate, closure orders, the results of inspections, orders to purchase permits or pay fees, and the denial of permits. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, the requirements of this code are adequately satisfied by other means, that the strict application of any requirement of this code would cause an undue hardship, or the applicant is not in violation of one or more of the code sections cited. (Ord. No. 36379, § 2, 9-16-03; Ord. No. 40237, § 14, 1-27-15)

Omaha Municipal Code § 48-102 Stays of enforcement.

Sec. 48-102. - Stays of enforcement. An appeal of a notice or order (other than an imminent danger notice or order) shall stay the administrative enforcement of the notice and order until the appeal is heard by the board, but shall not stay the criminal prosecution of any violation of any section of this code. (Ord. No. 36379, § 2, 9-16-03; Ord. No. 37950, § 9, 1-8-08)

Omaha Municipal Code § 48-103 Burden of proof.

Sec. 48-103. - Burden of proof. On appeal, the code official must first produce evidence substantiating the decision, notice or order at issue. If the board determines the code official has met this burden, then the appealing party must show why the decision, notice or order should be rescinded or modified, or why a requirement of the code should be waived. On all issues except for the removal of tenants and demolition orders, the appeal is denied unless a majority of the board votes to reverse, rescind, modify or waive. Orders to remove tenants or to demolish a building or structure must be sustained by majority vote. (Ord. No. 36379, § 2, 9-16-03)

Omaha Municipal Code § 48-104 Inspection fees.

Sec. 48-104. - Inspection fees. If an appealing property owner is successful upon an appeal, then an inspection fee based on the issue upon which the owner was successful shall be waived, unless other issues that triggered the inspection fee were not successfully appealed. The board may, at its discretion, waive an inspection fee in any case upon a showing of practical difficulty or unnecessary hardship, or upon showing that the fee would be inequitable under the circumstances. (Ord. No. 36379, § 2, 9-16-03)

Omaha Municipal Code § 48-105 Judicial review.

Sec. 48-105. - Judicial review. A decision of the board may be further contested by the filing of an error proceeding as described in section 43-67. (Ord. No. 36379, § 2, 9-16-03)

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_DIV11MEAPFetched: 10/28/2026