81-513 Buildings; condemnation or order to repair; conditions; power of State Fire Marshal; violation of order; penalty. - Nebraska Statutes

81-513. Buildings; condemnation or order to repair; conditions; power of State Fire Marshal; violation of order; penalty.The State Fire Marshal may condemn and by order direct the destruction, repair, or alteration of any building or structure which by reason of age, dilapidated condition, defective chimneys, defective electric wiring, gas connections, heating apparatus, or other defect is especially liable to fire and which, in his or her judgment, is so situated as to endanger life or limb or other buildings or property in the vicinity. Before he or she condemns or orders the destruction, closing, or nonoccupancy of any building or structure owned by a governmental entity for any other cause than fire prevention, he or she shall be required to submit a written report from a building contractor, an architect, or a professional engineer stating the condition of the building and the reason why such building or structure should be condemned, destroyed, closed, or ordered to remain unoccupied, and a copy of the report shall be attached to the order. In case the order requires the repair of a building, the owner, lessee, or other person upon whom rests the duty to keep the structure in repair and upon whom such order is served shall make such repairs as are thereby directed within the limit of time stated in the order. The order, if considered necessary by the State Fire Marshal for the protection of life or property, may direct that the structure be closed and not further used or occupied until such repairs are made. Any person who shall willfully disobey the order directing the closing of such buildings, pending the making of such repairs, shall be guilty of a Class III misdemeanor. Each day such person shall neglect or refuse to obey the order shall be deemed a separate and distinct offense in violation thereof. SourceLaws 1925, c. 183, § 12, p. 484; C.S.1929, § 81-5512; R.S.1943, § 81-513; Laws 1949, c. 280, § 1, p. 975; Laws 1977, LB 39, § 288; Laws 1988, LB 893, § 13; Laws 1993, LB 251, § 8; Laws 1997, LB 622, § 117. AnnotationsThe requirement of this section that a certificate of a building contractor, licensed architect, or licensed engineer be procured by the State Fire Marshal before ordering the demolition of a building applies only where the reason for destruction is other than fire protection. State Fire Marshal v. Schaneman, 203 Neb. 413, 279 N.W.2d 101 (1979).Under the provisions of this section, if an owner agrees to make repairs and then neglects or refuses to do so, demolition of the building may be ordered. State Fire Marshal v. Schaneman, 203 Neb. 413, 279 N.W.2d 101 (1979).Order for the repair or demolition of a building under this section must be supported by facts established by preponderance of evidence upon trial in district court. State Fire Marshal v. Village of Dorchester, 186 Neb. 94, 180 N.W.2d 919 (1970).Order by State Fire Marshal to either demolish or repair building was proper. First Investment Co. v. State Fire Marshal, 175 Neb. 66, 120 N.W.2d 549 (1963).The conditions prescribed by this section must exist to authorize order condemning premises as a fire hazard. Iverson v. Keith County, 152 Neb. 565, 41 N.W.2d 858 (1950).State Fire Marshal has the right to rest his order upon a requirement that building must be destroyed, but if he does so, he assumes burden of proving that destruction is a necessity. In re Application of Iverson, 151 Neb. 802, 39 N.W.2d 797 (1949).Decision of department that building is a nuisance and ordering it abated is not conclusive in courts. State v. Keller, 108 Neb. 742, 189 N.W. 374 (1922).