Title 3 · Administration

Chapter 31: City Organizations

13 sections

§ 31.01 General Provisions.

(A) At the organizational meeting of the City Council, the Mayor shall appoint members of such standing committees as the City Council may by ordinance or resolution create.

(B) The membership of such standing committees may be changed at any time by the Mayor.

(C) The Mayor shall be a member ex officio of each standing committee.

(D) The members of the standing committees shall serve a term of office of one year, unless reappointed.

(E) The following standing committees shall be appointed or reappointed each year until changed by the governing body:

(1)Finance;

(2)Light, Water and Sewer;

(3)Street;

(4)Recreation Maintenance;

(5)Ordinance; and

(6)Insurance.

(1999 Code, § 2-101)

§ 31.15 Library Board.

(A) The Library Board shall be appointed by the Mayor and confirmed by a majority vote of the City Council. The Board shall consist of five members who shall be residents of the municipality. The members of the Library Board shall serve a four-year term of office as specified by state statutes. The Board shall serve without compensation and may be required, in the discretion of the City Council, to give a bond in a sum set by resolution of the City Council, and conditioned upon the faithful performance of their duties. At the time of the Board’s first meeting in July of each year, the Board shall organize by selecting from their number a Chairperson and Secretary.

(B) It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings, and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. A majority of the Board members shall constitute a quorum for the transaction of business. The Board shall meet at such times as the Board may designate.

(C) Special meetings may be held upon the call of the Chairperson, or any three members of the Board.

(D) The Library Board shall have the authority to appoint a librarian and all other employees. It shall be the duty of the Board to have general charge of the municipal library and to establish appropriate rules and regulations for the management, operation and use of the same. The Board shall have supervisory authority over all employees of the library including the librarian. All actions of the Board shall be subject to the review and supervision of the City Council. The Board shall be responsible for making such reports and performing such additional duties as the City Council may designate from time to time.

(E) No member of the City Council shall serve as a member of the Library Board while serving a term of office as a member of the City Council. No member of the Library Board shall serve in the capacity of both the Chairperson and Secretary of the Board.

(Neb. RS 51-202; 1999 Code, § 2-201)

§ 31.16 Planning Commission.

(A) The Planning Commission shall consist of five regular members who shall represent, insofar as is possible, the different professions or occupations in the municipality and shall be appointed by the Mayor, by and with the approval of a majority vote of the members elected to the City Council. Two of the regular members may be residents of the area over which the municipality is authorized to exercise extraterritorial zoning and subdivision regulation. When there is a sufficient number of residents in the area over which the municipality exercises extraterritorial zoning and subdivision regulation, one regular member of the Commission shall be a resident from such area. If it is determined by the City Council that a sufficient number of residents reside in the area subject to extraterritorial zoning and subdivision regulation, and no such resident is a regular member of the Commission, the first available vacancy on the Commission shall be filled by the appointment of such an individual. For purposes of this section, a “sufficient number of residents” shall mean 500 residents. The term of each regular member shall be three years, except that approximately one-third of the regular members of the first Commission shall serve for terms of one year, one-third for terms of two years and one-third for terms of three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the City Council, be removed by the Mayor, with the consent of a majority vote of the members elected to the City Council, for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by the Mayor.

(B) All regular members of the Commission shall serve without compensation and shall hold no other municipal office except when appointed to serve on the Board of Adjustment as provided in Neb. RS 19-908. All members of the Commission may be required, in the discretion of the Mayor and City Council, to give bond in a sum set by resolution of the City Council, and conditioned upon the faithful performance of their duties. The Commission shall elect its Chairperson and a Secretary from its members, and create and fill such other of its officers as it may determine. The term of the Chairperson and the Secretary shall be one year, and they shall be eligible for reelection. No member of the Commission shall serve in the capacity of both the Chairperson and Secretary of the Commission. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file them with the Municipal Clerk where they shall be available for public inspection during office hours. The Commission shall be funded by the City Council from time to time out of the General Fund. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the City Council; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts. A number of Commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business. The Commission shall hold at least one regular meeting in each calendar quarter, except the City Council may require the Commission to meet more frequently and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. Special meetings may also be held upon the call of any three members of the Commission. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. The Commission shall make and adopt plans for the physical development of the municipality, including any areas outside its boundaries which, in the Commission’s judgment, bear relation to the planning of the municipality, and shall carry out the other duties and exercise the powers specified in Neb. RS 19-929. All actions by the Commission shall be subject to the review and supervision of the Mayor and City Council. The Commission shall make its recommendations to the City Council so that they are received by the City Council within 45 days after the Commission begins consideration of a matter relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory or zoning. The Commission shall be responsible for making such reports and performing such other duties as the Mayor and City Council may, from time to time, designate.

(C) The Mayor, with the approval of a majority vote of the elected members of the City Council, shall appoint one alternate member to the Commission. The alternate member shall serve without compensation and shall hold no other municipal office. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the Mayor with the approval of a majority vote of the elected members of the City Council. The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular Commission members is present and capable of voting.

(Neb. RS 19-924 through 19-929; 1999 Code, § 2-202)

§ 31.17 Board of Adjustment.

(A) The Mayor shall appoint, with the consent of the City Council, a Board of Adjustment, which shall consist of five regular members, plus one additional member designated as an alternate, who shall attend and serve only when one of the regular members is unable to attend for any reason. Each member shall be appointed for a term of three years and shall be removable for cause by the Mayor upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member only of the Board of Adjustment shall be appointed from the membership of the Planning Commission, and the loss of membership on the Planning Commission by such member shall also result in his or her immediate loss of membership on the Board of Adjustment and the appointment of another Planning Commissioner to the Board of Adjustment. If the Board does not include a member who resides in the extraterritorial zoning jurisdiction of the city, the first vacancy occurring on the Board of Adjustment after the effective date of this section shall be filled by the appointment of a person who resides in the extraterritorial zoning jurisdiction of the city at such time as more than 200 persons reside within such area. Thereafter, at all times, at least one member of the Board of Adjustment shall reside outside the corporate boundaries of the city but within its extraterritorial zoning jurisdiction. Neither the Mayor nor any member of the City Council shall serve as a member of the Board of Adjustment.

(B) The members of the Board shall serve without compensation and may be required, in the discretion of the City Council, to give a bond in a sum set by resolution of the City Council and conditioned upon the faithful performance of their duties. The Board shall organize at its first meeting each year after the City Council meeting when appointments are regularly made and shall elect from its membership a Chairperson and Secretary. No member of the Board of Adjustment shall serve in the capacity of both Chairperson and Secretary of the Board.

(C) The Board shall adopt rules in accordance with the provisions of this section and Neb. RS 19-901 to 19-914. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Special meetings may be also held upon the call of any three members of the Board. A majority of the Board shall constitute a quorum for the purpose of doing business. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. It shall be the duty of the Secretary to keep complete and accurate minutes of the Board’s proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and to keep records of the Board’s examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. The Board shall be responsible for making such reports and performing such other duties as the Mayor and City Council may designate.

(D) Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(1)An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

(2)The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(E) The Board shall have only the following powers:

(1)To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures, except that the authority to hear and decide appeals shall not apply to decisions made by the City Council or Planning Commission regarding a conditional use or special exception;

(2)To hear and decide, in accordance with the provisions of any zoning regulation, requests for interpretation of any map; and

(3)When by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution.

(F) (1) No such variance shall be authorized by the Board unless it finds that:

(a) The strict application of the zoning regulation would produce undue hardship;

(b) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(c) The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and

(d) The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.

(2)No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning regulations.

(G) In exercising the powers granted in this section, the Board may, in conformity with Neb. RS 19-901 to 19-915, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such regulation or to effect any variation in such regulation.

(H) Appeals from a decision by the Board may be taken as provided in Neb. RS 19-912.

(Neb. RS 19-907 through 19-910; 1999 Code, § 2-203; Ord. 783)

§ 31.18 Board of Health.

(A) The governing body shall appoint a Board of Health which shall consist of four members. The members of the Board shall include the Mayor, who shall serve as Chairperson, the President of the City Council, and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the Board’s medical advisor. If the Mayor has appointed a Chief of Police, the Chief of Police shall serve on the Board as Secretary and quarantine officer. The members of the Board shall serve, without compensation, a one-year term of office, unless reappointed, and shall reorganize at the first meeting in December of each year. No member of the Board of Health shall hold more than one Board of Health position.

(B) The Secretary shall keep full and correct minutes and records of all meetings and file the same with the Municipal Clerk where they shall be available for public inspection during office hours. The Board of Health shall be funded by the governing body from time to time out of the General Fund. A majority of the Board shall constitute a quorum for the purpose of doing business. The Board shall meet at such times as the governing body may designate. Special meetings may be held upon the call of the Chairperson, or any two members of the Board.

(C) The Board shall enact rules and regulations, which shall have the full force and effect of law, to safeguard the health of the people of the municipality. The Board shall enforce the rules and regulations and provide fines and punishments for any violations thereof. It may regulate, suppress and prevent the occurrence of nuisances and enforce all laws of the state ordinances of the municipality relating to nuisances and to matters of sanitation which affect the health and safety of the people. The Board shall regularly inspect such premises and businesses as the governing body may direct. All members of the Board shall be responsible for making such reports and performing such other duties as the governing body may, from time to time, designate.

(Neb. RS 17-121; 1999 Code, § 2-204)

§ 31.19 Summer Recreation and Park Board.

(A) Appointment. The Mayor and City Council shall appoint the Park and Recreation Board of the municipality. The appointments of members of the Park and Recreation Board shall be made by the governing body at the first regularly scheduled meeting in the month of December of each year.

(B) Board. The Board shall consist of five (5) members, who shall be residents of the City of Hebron. The members shall serve a three (3) year term of office unless reappointed. Members of the Board shall serve without compensation and may be required, at the discretion of the Mayor and City Council, to give a bond in a sum set by resolution of the governing body, and conditioned upon the faithful performance of the duties of the. members. At the time of the first meeting of the Board in January of each year, the Board shall organize by selecting from its membership a Chairperson, Secretary and Treasurer. It shall be the duty of the Secretary to keep full and correct minutes and records of all meetings and to file the same with the municipal clerk where they shall be available for public inspection at any reasonable time. A majority of the Board members shall constitute a quorum for the transaction of business.

(C) Meetings. The Board shall meet at such times as the Mayor and City Council may designate. Special meetings may be held upon the call of the Chairperson, or any two (2) Board members.

(D) Duties and Responsibilities. It shall be the duty and responsibility of the Board to take immediate charge of all parks and recreational facilities belonging to the City of Hebron and to supervise all recreational activities organized and conducted in the parks and recreational facilities of the municipality. The Board shall establish appropriate rules and regulations for the management, use and operation of the parks and recreational facilities. All actions of the Board shall be subject to the review and control of the Mayor and City Council. The Board shall be responsible for making such reports and performing such other duties as the governing body, from time to time, may designate.

(E) Employees. All employees of the municipality doing work in or for a municipal park or recreational facility shall be under the supervision and direction of the Board.

(F) Restriction on Board Membership. Neither the Mayor, nor any member of the City Council, shall serve as a member of the Park and Recreation Board while serving a term of office as a member of the governing body. No member of the Park and Recreation Board shall serve in the capacity of both Chairperson and Secretary of the Board.

(Neb. RS 17-952; 1999 Code, § 2-205; Ord. 882; Code 2022)

§ 31.20 Cemetery Board.

The governing body shall appoint the Cemetery Board. The Board shall consist of five members, who shall be resident freeholders in the municipality. The members of the Board shall serve a three year term of office unless reappointed. The Board shall serve without compensation and may be required, in the discretion of the governing body, to give a bond in a sum set by resolution of the governing body, and conditioned upon the faithful performance of their duties. At the time of the Board’s first meeting in December of each year, the Board shall organize by selecting from their number a Chairperson and Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings, and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. A majority of the Board members shall constitute a quorum for the transaction of business. The Board shall meet at such time as the governing body may designate. Special meetings may be held upon the call of the Chairperson, or any three of the Board members. The Board shall have the general care, management and supervision of the municipal cemetery with the power and authority to limit and regulate the number of cemetery lots that may be owned by the same person; to prescribe rules for enclosing, adorning and erecting monuments and tombstones on cemetery lots; and to prohibit any diverse or improper use thereof; provided, no religious tests shall be made as to the ownership of lots, the burial therein, and the ornamentation of graves. The Board shall pass rules and regulations for the proper use of the cemetery and prescribe penalties and fines for violations thereof. The Board shall use all revenue received from the sale of lots, gifts or by devise for the care, management and administration of the cemetery. All actions of the Board shall be subject to the review and control of the governing body. The Board shall be responsible for making such reports and performing such other duties as the governing body may, from time to time, designate. No member of the governing body shall serve as a member of the Cemetery Board while serving a term of office as a member of the governing body. No member of the Cemetery Board shall hold more than one Cemetery Board office.

(Neb. RS 12-401 through 12-403; 1999 Code, § 2-206; Ord. 870)

§ 31.21 Community Development Agency.

(A) There is hereby created a Community Development Agency which Agency shall be known as the Hebron Community Development Agency. Such Agency shall consist of the Mayor and Council of the city. Such Agency shall function in a manner prescribed in this section and may exercise all of the power and authority granted to a Community Redevelopment Authority pursuant to Neb. RS 18-2101 to 18-2144 and Neb. RS 18-2147 to 18-2151 and 18-2154. The purposes for which said Agency is formed will be to formulate for the city a workable program for utilizing appropriate, private and public resources to eliminate or prevent the development or spread of urban blight, to encourage need urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards; the rehabilitation or conservation of substandard or blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.

(B) No member or employee of the Hebron Community Development Agency shall voluntarily acquire any interest, direct or indirect, in any redevelopment project or in any property included or planned by the Agency to be included in any project or in any contract or proposed contract in connection with any such project. Where the acquisition is not voluntary, such member or employee shall immediately disclose such interest in writing to the Agency and such disclosure shall be entered into the minutes of the Agency. If any member or employee of the Agency presently owns or controls or owned or controlled within the preceding two years, an interest, direct or indirect, in any property included or planned by the Agency to be included in any redevelopment project, they shall immediately disclose such interest in writing to the Agency and such disclosure shall be entered upon the minutes of the Agency. Upon such disclosure, such member or employee of the Agency shall not participate in any action by the Agency affecting such property.

(1999 Code, § 2-207)

§ 31.22 Housing Authority Board.

(A) Generally. The governing body shall appoint five persons who shall constitute the Housing Authority and such persons shall be called the Commissioners. One Commissioner shall be appointed each year. Each Commissioner shall serve a five-year term of office or until his or her successor is duly appointed; provided that all vacancies shall be filled for the unexpired terms. The governing body may appoint one of its members to serve as one of the five members of such Housing Authority for such term as the governing body may determine. No person shall serve as a Commissioner unless he or she resides within the area of operation of that Housing Authority. A certificate of the appointment or reappointment of any Commissioner shall he or she filed with the Municipal Clerk and such certificate shall be conclusive evidence of the proper appointment of such Commissioner. A Commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his or her duties. A majority of Commissioners shall constitute a quorum of the Authority for the purpose of conducting its business, exercising its powers, and for all other purposes. Action may be taken by the Authority upon the vote of the majority of the Commissioners present in any case the bylaws of the Authority shall require a larger number. The Commissioners shall elect a Chairperson and Vice-Chairperson from among the Commissioners and shall have the power to employ an executive director who shall serve as ex officio secretary of the Authority. The Authority may also employ legal counsel, or it may call upon the chief law officer of the municipality, for such services as it may require. It may employ technical experts and such other officers, agents and employees as it may require and shall determine their qualifications, duties, compensations and terms of office. The Authority may delegate such other powers and duties to its agents or employees as it may deem proper. During his or her tenure, and for one year thereafter, no Commissioner, officer or employee of the Municipal Housing Authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any housing project. If any such Commissioner, officer or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as Commissioner, officer or employee, he or she shall immediately disclose his or her interest in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority, and he or she shall not participate in any action by the Authority relating to the property or contract in which he or she has any interest; provided, that nothing herein shall apply to the acquisition of any interest in notes or bonds of the Authority issued in connection with any housing project, or to the execution of agreements by banking institutions for deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, to utility services, the rates for which are fixed or controlled by a governmental agency. The Mayor may remove a Commissioner for neglect of duty or misconduct in office in the manner prescribed hereinafter. The Mayor shall send a notice of removal to such Commissioner which notice shall contain a statement containing the charges against him or her. Unless within ten days from the receipt of such notice, such Commissioner files with the Clerk a request for a hearing before the governing body, the Commissioner shall be deemed as removed from office. If a request for a hearing is filed with the Clerk, the governing body of the municipality shall hold a hearing at which the Commissioner shall have the right to appear in person or by counsel and the governing body shall determine whether the removal shall be disapproved or upheld. If the removal is disapproved, the Commissioner shall continue to hold his or her position. The Housing Authority shall keep an accurate account of all its activities and all of its receipts and disbursements and shall make a report to the governing body on all such information.

(B) Continued existence as housing agency.

(1)The local housing authority established under prior state law and in existence on January 1, 2000, shall have continued existence as a housing agency under the Nebraska Housing Agency Act.

(2)The local housing agency shall conduct its operations consistent with the Nebraska Housing Agency Act. All property, rights in land, buildings, records and equipment and any funds, money, revenue, receipts or assets of the authority belong to the agency as successor. All obligations, debts, commitments and liabilities of the authority are obligations, debts, commitments and liabilities of the successor agency.

(3)Any resolution by the authority and any action taken by the authority prior to January 1, 2000, with regard to any project or program which is to completed within or to be conducted for a 12-month period following January 1, 2000, and which resolution or action is lawful under state law as it existed prior to January 1, 2000, is a lawful resolution or action of the successor agency and binding upon the successor agency and enforceable by or against the agency notwithstanding that such resolution or action is inconsistent with, not authorized by, or prohibited under the provisions of the Nebraska Housing Agency Act.

(4)All Commissioners of the local housing agency and all officers, legal counsel, technical experts, directors and other appointees or employees of the agency holding office or employment by virtue of any such prior law on January 1, 2000, shall be deemed to have been appointed or employed under the Nebraska Housing Agency Act.

(Neb. RS 71-1576; 1999 Code, § 2-208; Ord. 744)

§ 31.23 Joint Airport Zoning Board.

(A) There is hereby created a Joint Airport Zoning Board. The Joint Airport Zoning Board shall have four members, two of which are appointed by the Mayor and City Council of Hebron, Nebraska and two of which are appointed by the Board of Commissioners of Thayer County, Nebraska. The membership of the Joint Airport Zoning Board shall select a Chairperson, who shall be elected by a majority of the members appointed by the two political subdivisions. The term of the members of such Board shall be four years.

(B) The Joint Airport Zoning Board created by this section shall have the power to adopt, by resolution approved by a majority of the Board, airport zoning regulations applicable to the entire airport hazard area appertaining to the Hebron Municipal Airport, similar to that authority vested by Neb. RS § 3-303.

(C) Any airport zoning regulation, or any amendment thereto, adopted by a Joint Airport Zoning Board shall be filed with the official or administrative agency responsible for the enforcement of zoning regulations in each of the political subdivisions participating in the creation of this Joint Airport Zoning Board and shall be enforced as provided in Neb. RS § 3-319.

(Ord. 863)

§ 31.24 Community Redevelopment Authority.

(A) Establishment of Community Redevelopment Authority. There is hereby established and created a Community Redevelopment Authority , pursuant to the provisions of Neb. RS 18-2101.01, which shall be legally known as the Community Redevelopment Authority of the city.

(B) Membership. The membership of the Community Redevelopment Authority shall consist of the mayor and all sitting members of the City Council.

(C) Power and authority. The Community Redevelopment Authority of the city shall possess and be empowered to exercise all of the power and authority granted to a Community Redevelopment Authority in Neb. RS 18-2101 through 18-2144. Said Community Redevelopment Authority shall be further authorized and empowered to do all things necessary to cooperate with the federal government in all matters relating to community development program activities as a grantee, or as an agent or otherwise, under the provisions of the Federal Housing and Community Development Act of 1974, as amended through the Housing and Community Development Amendments of 1981.

(D) Function; exercise of powers; objective.

(1)The Community Redevelopment Authority of the city, to the greatest extent it deems to be feasible in carrying out the provisions of Neb. RS 18-2101 to 18-2144, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises.

(2)The Community Redevelopment Authority shall give consideration to this objective in exercising its powers under Neb. RS 18-2101 through 18-2144, inclusive, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.

(E) Governing law. The Community Redevelopment Authority established pursuant to this section shall function in accordance with, and be governed by, the provisions of Neb. RS 18-2101 through 18-2144.

(1999 Code, § 2-211; Ord. 763)

§ 31.25 Historic Preservation Commission.

(A) FINDINGS:

It is hereby declared a matter of the general welfare of the people of the City of Hebron to preserve, protect and enhance historic buildings, places, and districts. The preservation of properties of historical and cultural significance located within the City contribute to the prosperity, civic pride, and educational values for the people; that the economic, cultural, historical, and aesthetic interests of the City cannot be maintained or enhanced by disregarding the heritage of the City; and that the people of the City have an interest in the maintenance, preservation, demolition, or other actions regarding such historical and cultural assets.

(B) PURPOSE:

Upon these findings, the purpose of this section shall be to:

(1)Effect and accomplish the protection, enhancement, and perpetuation of properties that reflect elements of the City’s historical and cultural significance;

(2)Safeguard the City’s historical and cultural heritage, as reflected in such properties;

(3)Promote revitalization, enhancement of property values, and economic development by the preservation of historic and cultural properties;

(4)Foster civic pride in the heritage of the past;

(5)Stabilize or improve the economic vitality and values of historic and cultural properties;

(6)Enhance the City’s attraction to residents, tourists, and visitors

(7)Stimulate revitalization of the business district and neighborhoods;

(8)Promote the use of historic properties for the education, pleasure, and general welfare of the people of the City;

(9)Promote and encourage continued utilization and stewardship of historic properties; and

(10)Enhance and accomplish goals of comprehensive community planning.

(C) DEFINITIONS:

The following words and phrases below shall be the controlling definitions:

Alteration: Any act or process that changes one or more of the exterior architectural features of any landmark or property within a landmark district, exclusive of interior renovation or remodeling. Alteration includes demolition of a landmark or property within a landmark district or new construction within a landmark district. Certificate of Appropriateness. A certificate from the Historic Preservation Commission approving plans for the alteration of the exterior features of a historic property, demolition, or new construction within a landmark district.

Commission. The Historic Preservation Commission created under this Ordinance.

Compatible. Assessment of the general design and character of a proposed alteration to a landmark or property within a landmark district, consistent with the “Secretary of the Interior’s Standards for Rehabilitation” or design guidelines.

Director. The staff member appointed to serve the Historic Preservation Commission.

Design Guidelines. Design criteria for alterations that include the application of the Secretary of the Interior’s “Standards for Rehabilitation.”

Landmark. Any single building, site, structure, object, or improvement which has special historical or cultural significance to the City, state, or nation, or an integrated group of same on a single lot or parcel that has been designated as such, which may have the potential of being designated pursuant to the provisions of this Ordinance.

Landmark District. An area or section of the City containing a significant number of buildings, sites, structures, objects, or improvements which, considered as a whole, possess historical or cultural significance to the City, state, or nation pursuant to the provisions of this Ordinance.

National Register of Historic Places. The nation’s official list of properties worthy of preservation. Properties so designated have local, state, or national significance. The National Register is maintained by the U.S. Department of the Interior, National Park Service.

Owner. The owner of record. A fee simple owner or owner’s authorized agent, a corporation which owns real estate, partnership owning real estate, limited liability corporation, or other device constituting ownership of real estate.

Property. A building, site, structure, object, or improvement designated or proposed for designation as a landmark or within a landmark district.

Standards for Rehabilitation. Ten standards promulgated by the U.S. Department of the Interior to guide alterations to a landmark or property within a landmark district.

“Secretary of the Interior’s Standards for Identification and Registration.” Criteria and procedures for the designation of historic properties promulgated by the U.S. Department of the Interior, National Park Service.

(D) HISTORIC PRESERVATION COMMISSION:

There is hereby created the Historic Preservation Commission of the City of Hebron.

(1)The Commission shall be composed of not less than five (5) voting members and no more than (6) members, all of whom must have a demonstrated interest or expertise in historic preservation. All members shall reside within the cities’ zoning jurisdiction.

(2)It is suggested that a majority of the members shall be professionals in the fields of archeology, historic archeology, architectural history, architecture, and history. All such appointments are to the extent that these professionals are available in the City.

(3)The members of the Commission shall be appointed by the Mayor, subject to confirmation by the City Council. The Commission may recommend to the Mayor members to be appointed to the Commission.

(4)Initially, Two members of the Commission shall be appointed for a one year term, Two members shall be appointed for a two year term, and one or two (depending on whether a 6 member board or a 5 member board is appointed) members shall be appointed for a three year term. After the original appointment each succeeding appointed member shall serve for three year terms. No member shall serve more than three successive terms.

(5)In the event of a vacancy occurring in the membership of the Commission for any reason, an appointment shall be made to fill the vacancy in the same manner as the original appointments for the unexpired term.

(6)The members of the Commission shall serve without compensation.

(7)The Commission shall establish its own rules of procedure.

(8)A simple majority of the total number of appointed Commission members shall constitute a quorum for the transaction of business.

(9)A simple majority of affirmative votes shall be required for final action on any matter sent before the Commission.

(10)The Commission shall meet at least quarterly at such times and places as it may determine, or upon the call of the Chair.

(11)The Commission shall elect four (4) officers, each to serve for the full duration of his or her term of appointment to the Commission: Chair, Vice-Chair, Secretary, and Treasurer. The Chair shall preside at meetings, call special meetings, issue public statements for the Commission, and in general assume the duties of directing the activities of the Commission. The Vice-Chair shall act in the place of the Chair in the event of the latter’s absence. The Secretary shall keep a complete and current agenda, minutes of each meeting, and be responsible for publication and distribution of minutes, proceedings, and reports. The Treasurer shall be responsible for financial reports.

(12)The Commission shall adopt guidelines and such standards and procedures not inconsistent with the provisions of this Ordinance as it may deem necessary to further the purposes herein stated.

(E) DIRECTOR; DUTIES:

The Mayor shall assign a City staff member as the Director of the Commission, without the right to vote. In addition, the Director, for and on behalf of the Commission and with the approval and direction of the Commission, shall:

(1)Work in conjunction with the City Clerk or other City officials to keep complete and accurate records and accounting for all funds, grants, income, and expenditures of every nature of the Commission. All funds shall be placed with the City of Hebron in a specially designated account:

(2)Be the custodian of records, conduct official correspondence and generally supervise the clerical and technical work of the Commission as required to administer this Ordinance:

(3)Prepare annual reports and other such reports that may be required;

(4)Assure that public notices are posted and advertised, agendas are kept current and available for public inspection, and open meetings are conducted;

(5)Provide for (7) days public notice of a meeting prior to such meeting;

(6)Submit to the City Council for public hearing and approval, actions by the Commission;

(7)Make recommendations and do such other acts pursuant to this Ordinance as the Commission may require.

(F) POWERS AND DUTIES:

The Commission shall establish and provide for the following duties:

(1)Conduct an ongoing survey to identify historic and cultural properties and their eligibility as local landmarks and landmark districts;

(2)Identify and designate local landmarks and landmark districts and make an inventory of all sites, structures, and districts presently designated or eligible for designation as landmarks. All sites, structures and districts within the City limits cited in the Nebraska State Historical Society’s inventories of Thayer County shall be included initially on the inventory. All sites, structures and districts cited in the foregoing inventories of the Nebraska State Historical Society, doing business as History Nebraska, shall be reviewed by the Board and, if deserving, recommended for designation by Ordinance as historic landmarks, sites, structures or districts. The recommendations which the Board makes as to these sites, structures and districts shall be within twelve months of the first meeting of the Board, or as soon thereafter as may be done. Such inventory shall be updated annually as the Board directs.

(3)Adopt criteria and procedures for the survey, evaluation, and designation of local historic landmarks and districts which are consistent with the Secretary of the Interior’s “Standards for Identification and Registration”;

(4)Comment on properties nominated to the National Register of Historic Places and cause to be processed nominations of properties potentially eligible for listing in the National Register;

(5)Advise owners of the benefits of historic preservation and rehabilitation and the value to protect and enhance properties of historical and cultural value;

(6)Consult with and receive input from the Planning Commission, civic groups, public agencies, and citizens interested in historic preservation;

(7)Solicit gifts, contributions, and grants to be made to the City for the purpose of historic preservation; Disseminate information to the public concerning properties worthy of preservation and preservation in general;

(8)Inform and educate citizens concerning properties which have historical or cultural value;

(9)Call upon City staff members as well as other experts for technical advice;

(10)Testify before all boards and commissions on matters of this Ordinance;

(11)Present landmarks and landmark districts to the Planning Commission to determine if such designation is consistent with the comprehensive plan;

(12)Act in an advisory role to other officials and departments of local government regarding the preservation of properties having historical or cultural value;

(13)Hold public hearings and review applications for alterations to landmarks or properties within landmark districts;

(14)Adopt the Secretary of the Interior’s “Standards for Rehabilitation” and any design guidelines for the review of landmarks or properties within landmark districts that are consistent with the “Standards for Rehabilitation”;

(15)Review proposed zoning amendments, applications for special use permits, or variances that affect proposed or designated landmarks and landmark districts;

(16)Periodically review the City’s zoning ordinances and recommend to the Planning Commission and the City Council any of the same that are appropriate for the protection and preservation of landmarks or landmark districts;

(17)Cooperate with the Nebraska State Historical Society in matters of proposed certification of this Ordinance and related duties and requirements.

(G) LANDMARKS; LANDMARK DISTRICTS; REQUIREMENTS:

A landmark or landmark district must meet one or more of the following criteria:

(1)Be associated with important events that have contributed significantly to the broad patterns of history or culture, or the site of an historic event, or exemplifies the cultural, historical, political, economic, educational, social, aesthetic, or importance to the community.

(2)Be associated with the life of a person significant in the past.

(3)Embody the distinctive characteristics of a type, period, or method of construction, or represent the work of a master, or possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction.

(4)Archeological significance if a site has yielded or is likely to yield important information regarding history or prehistory. A landmark or landmark district shall possess integrity of design, location, setting, feeling, association, materials, and workmanship. In the case of a landmark district, provisions shall be made to define an accurate boundary, identify properties that contribute to the historical significance of the district, and those because of age or integrity do not contribute. A property shall be eligible if it is fifty (50) years of age or older, unless exceptional significance can be demonstrated.

(H) PROCEDURES FOR DESIGNATING LANDMARKS; LANDMARK DISTRICTS:

There is hereby established the provision for the designation of local landmarks and landmark districts.

(1)A landmark or landmark district may be proposed by the Commission, City Council, Planning Commission, or upon petition of any person, group of persons, owners, residents, or other interested parties. Any such proposal shall be filed with the Director upon forms prescribed by him or her and shall include all data required by the Commission. Applications shall require a description and statement of the significance of the landmark or landmark district to justify its proposed designation.

(2)The recommendation of the Commission for approval of a proposed landmark or landmark district shall state the applicable criteria for such designation.

(3)Each proposal of a landmark or landmark district shall be considered by the Commission at a public hearing.

(4)Notice of the time, place and purpose of the public hearing to be held upon the nomination of a landmark or landmark district shall be given by the Commission in the official newspaper of the City not less than 10 days prior to the date of the hearing and by mail to the owners of all property included in the proposed designation, using for that purpose the names and addresses of the last-known owners as shown by the county real property tax records. Failure to send notice by mail to any such property owner where the address of the owner is not so recorded shall not invalidate any proceedings in connection with the proposed designation. The Commission may also give such other notice or conduct a public meeting as may be deemed desirable and practicable.

(5)A record of the pertinent information presented at the hearing upon a proposed landmark or landmark district shall be made and maintained as a permanent public record.

(6)The Commission may approve, disapprove, or modify the proposal of a landmark or a landmark district and shall notify the applicant of the action taken within 10 days of the referral thereof to the Commission.

(7)Designation of a landmark shall not be proposed at the objection of an owner. Designation of a landmark district shall not be proposed if the owners of fifty-one (51%) percent of the front footage of the real property in the proposed landmark district object, not to include any public right-of-way located in such district. Applications must include a description and statement of significance. The description will include factors of “integrity” and delineation of “contributing” and “noncontributing.” The statement of significance must include the criteria for designation that is applied to the property.

(I) OVERLAY DISTRICT; ZONING OF LANDMARK DISTRICTS:

A landmark or landmark district shall constitute a zoning overlay district for historic preservation purposes and shall be included as such on the official land use or zoning map. This zoning shall be in addition to the existing underlying land use zoning. Zoning amendments, applications for special use permits, or variances shall be considered to assist in the preservation, use, or rehabilitation of designated properties.

(J) TRANSMITTAL TO; RECOMMENDATIONS BY PLANNING COMMISSION

Pursuant to the provisions of this Ordinance, and the procedures set forth herein, the Commission shall transmit the proposal, along with the Commission’s recommendations thereon, for the designation of a landmark or landmark district to the Planning Commission within 10 days after consideration. This Section shall require comment by the Planning Commission to consider the degree of conformity or nonconformity with the comprehensive development plan of the City. The proposal, along with recommendations by both the Commission and the Planning Commission thereon, for the designation of a landmark or landmark district shall then be transmitted to the City Council within 10 days after consideration. Comment by the planning commission is limited to conformance or nonconformance with the comprehensive plan.

(K) CONSIDERATION BY; ACTION BY COUNCIL:

Pursuant to the provisions of this Ordinance, and the procedures set forth herein, the City Council shall, by ordinance, designate a landmark or a landmark district.

(2)The City Council shall take into consideration the recommendation of the Commission and Planning Commission and shall further give consideration to the economic consequences to the City and the affected Owner.

(3)Within 10 days after final adoption of the ordinance designating the property as a landmark or landmark district, the Director shall send a copy of such ordinance and a letter outlining the basis of such designation and the obligations and restrictions which result from such designation to the owner of record of each landmark so designated or each property within a designated landmark district by registered or certified mail.

(L) PROCEDURES AND CRITERIA FOR ACTIONS SUBJECT TO REVIEW; CERTIFICATE OF APPROPRIATENESS:

No person shall carry out or cause to carry out alteration of a landmark or property within a landmark district for which a building or demolition permit is required except as provided by this Section. Actions shall be subject to the controls, standards, and procedures set forth in this Section. For the purposes of this Section, alteration includes any act or process that changes, obstructs, or is incompatible with the historic character of a landmark or property within a landmark district; changes to one or more of the exterior architectural features of a historic property upon any landmark or property within a landmark district, exclusive of interior renovation or remodeling; demolition or partial demolition of a landmark or property within a landmark district; changes to noncontributing properties within a landmark district; new construction within a landmark district; or additions to properties. Such actions shall be deemed to require a Certificate of Appropriateness. The Commission’s decision to approve, approve with modification(s), or deny an application for a Certificate of Appropriateness shall include the following criteria:

(1)Any alteration of an existing landmark shall be compatible with its historic character and meet the Secretary of the Interior’s “Standards for Rehabilitation” or other such design guidelines as may have been adopted;

(2)Any alteration of a property within a landmark district shall be compatible with its historic character and that of such district and meet the Secretary of the Interior’s “Standards for Rehabilitation” or other such design guidelines as may have been adopted;

(3)New construction shall be compatible with the landmark district in which it is located.

Procedures and conditions for obtaining a Certificate of Appropriateness shall be:

(a) Prior to commencement of work requiring a Certificate of Appropriateness, the owner shall file an application for such a certificate with the Commission on forms available at the Director’s office.

(b) All applications shall be immediately forwarded to the Commission.

(c) All plans, projects, proposals, evaluations, specifications, sketches, and other information necessary for the review of the Commission shall be made available to the Commission by the Owner or appropriate department of the City, along with a copy of the application for the building or demolition permit.

(4)The Commission shall hold a public hearing on applications for a Certificate of Appropriateness.

(5)The determination by the Commission on an application for a Certificate of Appropriateness, or report of any action taken, shall be forwarded to the Director for action not later than 10 days after receipt of the application by the Commission.

(6)The Commission, in considering the appropriateness of any work shall consider, among other things, the purposes of this Section; the historic and architectural value and significance of the landmark or property within a landmark district; the integrity of design, location, setting, feeling, association, materials, and workmanship of the property in question or its appurtenant structures; new additions or new construction, including appurtenant structures, signs, and fences; the relationship of such features to similar features of other properties within a landmark district; or a property’s relationship to the public right-of-way.

(7)If, after considering the application for a Certificate of Appropriateness required by this section, the Commission shall determine if the proposed alterations are consistent with the criteria for historic preservation established by this section.

(8)The Commission shall recommend to the Director the issuance of the Certificate of Appropriateness, Certificate of Appropriateness with modifications, or no certificate if the Commission finds that the application does not meet one or more of the criteria of this Section. The Commission’s decision must be accompanied by written findings of fact.

(9)If no certificate is issued, the Owner and the Commission shall enter into negotiations to develop a plan whereby modifications in the application will enable the Commission to issue a Certificate of Appropriateness under the criteria listed above.

(10)If negotiations result in no resolution, the applicant may appeal to the Council. If economic hardship is contended, Section 14 hereafter shall be applied.

(11)The determination by the Commission on an application for a Certificate of Appropriateness, or report of any action taken, shall be forwarded to the Director for appropriate action not later than 10 days after receipt of the application by the Commission.

(12)A Certificate of Appropriateness must be presented to the building official prior to any building or demolition permit being issued.

(13)Notwithstanding any other provision of law, the Director shall not permit any work except as pursuant to a Certificate of Appropriateness issued by the Commission.

(14)No change shall be made in the application for a building or demolition permit after issuance of a certificate by the Commission without the resubmittal to the Commission and approval in the same manner as provided above.

(15)The Commission may impose such reasonable conditions or restrictions as it deems necessary or appropriate on a case-by-case basis to promote or achieve the purpose of this Ordinance.

(M) HAZARDOUS STRUCTURES:

The Commission shall issue a Certificate of Appropriateness for razing a landmark or property within a landmark district if City codes determine that the landmark or property within a landmark district poses a hazard to human health and safety. However, no owner shall by deliberate acts or deliberate neglect allow a landmark or property within a landmark district to become hazardous to human health and safety with the intent of avoiding this section. In such cases, the owner shall be subject to Section 15. A deliberate act of neglect is often termed “demolition by neglect.”

(N) ECONOMIC HARDSHIP:

The Commission shall, in the administration and enforcement of the provisions of this Ordinance, take into account all economic factors presented to it. The Commission shall recognize the necessity of weighing potential economic detriments against preservation objectives and shall strive to affect a fair balance in all instances. A determination of economic hardship shall require the applicant to provide evidence sufficient to demonstrate that the application of the standards and regulations of this Ordinance deprives the applicant of all reasonable economic use or return on the subject property. The Commission shall apply the following standards and make findings concerning economic hardship:

(1)If the applicant was notified of pending landmark designation subsequent to acquisition;

(2)The current level of economic return on the property, if any;

(3)The marketability of the property for sale or lease, considered in relation to any listing of the property for sale or lease, and the price asked and offers received;

(4)The infeasibility of alternative uses that can earn a reasonable economic return for the property;

(5)Availability of economic incentives and/or funding available to the applicant through federal, state, city, or private programs.

(O) ENFORCEMENT; PENALTIES:

Whoever violates or fails to comply with any of the provisions of this Ordinance for which no penalty is otherwise provided, shall be fined not more than 500 dollars. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs and continues to occur.

(P) APPEALS:

Any person aggrieved by a decision of the Commission relating to a Certificate of Appropriateness may appeal to the City Council. Such appeal may be initiated by filing a petition to appeal, specifying the grounds therefore, with the Director within 30 days of the date of the decision of the Commission that is being appealed. The City Council shall hold a public hearing on the appeal and may by majority vote of its members reverse or modify any decision of the Commission.

(Q) APPLICATION TO PUBLIC PROPERTY:

Unless otherwise exempted, all properties owned by the City shall be subject to the provisions of this Ordinance. All visible modifications or additions to public areas near a landmark or within a landmark district, including street furniture, lighting fixtures, and paving materials shall be subject to review by the Commission.

(Ord. 966)

§ 31.99 Penalty.

(A) Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.

(B) (1) Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.

(2)Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.

(Neb. RS 17-505, 18-1720, 18-1722; 1999 Code, § 2-301; Ord. 744)