Lincoln, Neb., Mun. Code ch. 21.05 § 21.05.120

Section 106 of the International Property Maintenance Code is amended to read as follows:

SECTION 106 - VIOLATIONS

106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.

106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107.

106.2.1 Inspections and fees for single-family and two-family dwelling unit . Following the finding of any violation of this title, the code official shall provide the violating party reasonable time to correct the violation. A single family or two-family dwelling unit shall be placed on a six month inspection schedule upon the occurrence of any one of the following:

Two or more different complaint inspections, each resulting in code violations, within any twelve-month period;

Adjudication by a court of competent jurisdiction of one or more code violations. A dwelling unit placed on a six-month inspection schedule shall remain on said schedule until it has received two consecutive six-month inspections with no code violations during that time.

An inspection fee shall be charged in an amount set by the Director, subject to the approval of the Mayor.

For dwelling units on a six-month inspection schedule: Inspection fee is waived for a preliminary complaint-based inspection when no code violations are found.

For dwelling units not on a six-month inspection schedule:

Inspection fee is waived for a preliminary inspection.

Inspection fee is waived for the first re-inspection when all code violations noted in the preliminary complaint-based inspection are repaired within the time allowed by the Building Official

106.2.2 Inspections and fees for dwelling units other than single-family or two-family dwelling units. Following the finding of any violation of this title, the code official shall provide the violating party reasonable time to correct the violation. Inspections, schedules, and fees shall be those set forth in Section 5.38.040 .

106.3 Prosecution of violation . Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the City, and the violation shall be deemed a strict liability offense. If the notice of the violation or order is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the City on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

106.4 Violation penalties. Any person upon whom a duty is placed by the provisions of this title who shall fail, neglect, or refuse to perform such duty, or who shall violate a provision of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed $500.00 or be imprisoned in the county jail for a period not to exceed six months, or both, except that each person so convicted shall be fined in a sum of not less than $200.00 for the first offense, not less than $300.00 for a second offense, and not less than $400.00 for the third offense and each offense thereafter. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license, permit, or right elsewhere provided for violation thereof or as provided by law. Each day that a violation of this title continues shall constitute a separate and distinct offense and shall be punishable as such.

106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the city attorney from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. (Ord. 19422 §1; August 2, 2010: prior Ord. 19349 §12; March 1, 2009).