Nuisance citation appeal process proposed

The Urban Affairs Committee heard testimony Jan. 21 on a bill that would establish a procedure for a property owner or occupant to appeal a nuisance citation in a first or second class city or village.

Current law allows an appeal but does not specify the appeal procedure for general nuisance citations. Last year the Legislature enacted a measure that established an appeal procedure specifically for nuisance vegetation citations. LB801, introduced by the committee, would extend the same appeal procedure to other nuisance citations.

Under the bill, if a property owner files a written appeal of a nuisance citation within five days of notification, a city or village would be required to hold an appeal hearing within 14 days.

Greg Butcher, city attorney for Beatrice, testified in support of the bill. He said the current lack of an appeal procedure means that once a defendant requests an appeal hearing, the case is over.

“At that point, they’ve essentially won the battle,” he said.

No one testified in opposition to the bill and the committee took no immediate action on the measure.

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