reglab/housing_qa huggingface dataset:
NE Code § 14-407 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-407 - Zoning; exercise of powers; planning board or official; notice to military installation; notice to neighborhood association.

14-407.  Zoning; exercise of powers; planning board or official; notice to military installation; notice to neighborhood association.(1) A city of the metropolitan class shall exercise the powers conferred by sections 14-401 to 14-418 through such appropriate planning board or official as exists in such city.(2) When the city is considering the adoption or amendment of a zoning ordinance or the approval of the platting or replatting of any development of real estate, the city shall notify any military installation which is located within the corporate boundary limits or the extraterritorial zoning jurisdiction of the city if the city has received a written request for such notification from the military installation. The planning board shall deliver the notification to the military installation at least ten days prior to the meeting of the planning board at which the proposal is to be considered.(3) When the city is considering the adoption or amendment of a zoning ordinance, except for an amendment that serves only to correct a misspelling or other typographical error, the city shall notify any registered neighborhood association whose area of representation is located in whole or in part within the area that will be included in such zoning ordinance. Each neighborhood association desiring to receive such notice shall register with the city the area of representation of such association and provide the name of and contact information for the individual designated to receive notice on behalf of such association and the requested manner of service, whether by email or first-class or certified mail. The registration shall be in accordance with any rules and regulations adopted and promulgated by the city. The planning board shall deliver the notification to the neighborhood association (a) in the manner requested by the neighborhood association and (b) at least ten days prior to the meeting of the planning board at which the proposal is to be considered.Source   Laws 1925, c. 45, § 7, p. 181;   C.S.1929, § 14-410;   R.S.1943, § 14-407;   Laws 1959, c. 37, § 2, p. 212;  Laws 2010, LB279, § 1;  Laws 2016, LB700, § 1;  Laws 2019, LB196, § 1.  Cross References  Planning board, extraterritorial member, see sections 14-373.01 and 14-373.02.
NE Code § 14-408 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-408 - Building zones; board of appeals; members; term; vacancy; removal; meetings; oaths; subpoenas; record; public access.

14-408.  Building zones; board of appeals; members; term; vacancy; removal; meetings; oaths; subpoenas; record; public access.The city council may provide for the appointment of a board of appeals consisting of five regular members. Two additional alternate members shall be appointed and designated as first alternate and second alternate members, either or both of whom may attend any meeting and may serve as voting and participating members of the board with the authority of a regular board member at any time when less than the full number of regular board members is present and capable of voting. If both alternate members are present when only a single regular member is absent, the first alternate member shall serve for the balance of the meeting. Upon the expiration of the initial terms of such regular and alternate members, all members and alternates shall be appointed for a term of five years. The appointing authority shall have the power to remove any regular or alternate member of the board for cause and after public hearing. Vacancies shall be filled for the unexpired term of a regular or alternate member whose place has become vacant. All meetings of the board of appeals shall be held at the call of the chairperson and at such other times as such board may determine. Such chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of such board shall be open to the public. Such board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the board shall immediately be filed in the office of the board and shall be a public record.Source   Laws 1925, c. 45, § 8, p. 181;   C.S.1929, § 14-411;   R.S.1943, § 14-408;   Laws 1974, LB 703, § 1;  Laws 2001, LB 179, § 1. Annotations  Board of appeals is vested with discretion in determination of matters within its province subject to court review for abuse of discretion. Peterson v. Vasak, 162 Neb. 498, 76 N.W.2d 420 (1956). This section provides for the appointment of members of a zoning board of appeals, their tenure of office, meetings, hearings, and records. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).
NE Code § 14-409 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-409 - Board of appeals; powers and duties; vote required for reversal.

14-409.  Board of appeals; powers and duties; vote required for reversal.Such board of appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to sections 14-401 to 14-418. It shall also hear and decide all matters referred to it or upon which it is required to pass under any such ordinance. 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 any matter upon which it is required to pass under any such ordinance or to affect any variation in such ordinance.Source   Laws 1925, c. 45, § 8, p. 182;   C.S.1929, § 14-411;   R.S.1943, § 14-409. Annotations Zoning board of appeals may review any order made by an administrative official charged with enforcement of a zoning ordinance. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).
NE Code § 14-410 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-410 - Board of appeals; appeal; procedure; effect.

14-410.  Board of appeals; appeal; procedure; effect.Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by general rule, by filing with the officer from whom the appeal is taken and with the board of appeals 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. 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 of appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.Source   Laws 1925, c. 45, § 8, p. 182;   C.S.1929, § 14-411;   R.S.1943, § 14-410. Annotations  Regardless of whether a request for variances was termed an "appeal," a zoning board of appeals was exercising appellate jurisdiction when the board granted certain variances. Lamar Co. v. Omaha Zoning Bd. of Appeals, 271 Neb. 473, 713 N.W.2d 406 (2006). Appeal procedure is provided. Peterson v. Vasak, 162 Neb. 498, 76 N.W.2d 420 (1956).
NE Code § 14-412 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-412 - Board of appeals; special permits; power to grant; conditions.

14-412.  Board of appeals; special permits; power to grant; conditions.The board of appeals shall have specific power to grant special permits to the state, or any political subdivision thereof, and to public utilities for public service purposes, although the application may be in conflict with the provisions of ordinances or regulations adopted under the authority of sections 14-401 to 14-418; Provided, that the permit shall be granted upon such conditions as the board of appeals may deem necessary, proper or expedient, to promote the objects of said sections.Source   Laws 1925, c. 45, § 8, p. 183;   C.S.1929, § 14-411;   R.S.1943, § 14-412.
NE Code § 14-413 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-413 - Board of appeals; decision; review by district court; procedure.

14-413.  Board of appeals; decision; review by district court; procedure.Any person or persons, jointly or severally aggrieved by any decision of the board of appeals, or any officer, department, board or bureau of the municipality, may present to the district court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition must be presented to the court within thirty days after the filing of the decision in the office of the board.Source   Laws 1925, c. 45, § 8, p. 183;   C.S.1929, § 14-411;   R.S.1943, § 14-413. Annotations  A decision of a zoning board of appeals may be reviewed by a district court, but this section limits the scope of the district court's review to the legality or illegality of the board's decision. Kuhlmann v. City of Omaha, 251 Neb. 176, 556 N.W.2d 15 (1996). Any person aggrieved by order of zoning board of appeals may file petition in district court setting up the illegality of action of board. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950).
NE Code § 14-414 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-414 - Board of appeals; decision; review by district court; priority; evidence; judgment; costs.

14-414.  Board of appeals; decision; review by district court; priority; evidence; judgment; costs.If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. All issues in any proceeding under sections 14-408 to 14-414 shall have preference over all other civil actions and proceedings.Source   Laws 1925, c. 45, § 8, p. 184;   C.S.1929, § 14-411;   R.S.1943, § 14-414. Annotations  Pursuant to this section, the district court is given only the power to reverse, modify, or affirm the decision of the zoning board of appeals brought up for review. Kuhlmann v. City of Omaha, 251 Neb. 176, 556 N.W.2d 15 (1996). Acts of board of appeals are judicial in nature and subject to court review. Peterson v. Vasak, 162 Neb. 498, 76 N.W.2d 420 (1956). On review of action of zoning board of appeals, district court is empowered to reverse or affirm, wholly or partly, or may modify the decision brought up for review. Roncka v. Fogarty, 152 Neb. 467, 41 N.W.2d 745 (1950). When a district court hears a zoning board decision on appeal, the district court cannot grant a motion of summary judgment. Eastroads, L.L.C. v. Omaha Zoning Bd. of Appeals, 7 Neb. App. 951, 587 N.W.2d 413 (1998). A district court reviewing a decision of a zoning board of appeals under this section, without taking additional evidence or appointing a referee to do so, functions as an intermediate court of appeals. The filing of a motion for new trial in a court which functions as an intermediate court of appeals does not stop the running of the time within which to perfect an appeal. Morello v. City of Omaha, 5 Neb. App. 785, 565 N.W.2d 41 (1997).
NE Code § 14-415 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-415 - Building ordinance or regulations; enforcement; inspection; violations; penalty.

14-415.  Building ordinance or regulations; enforcement; inspection; violations; penalty.The city, in addition to other remedies, may institute any appropriate action or proceedings to prevent an unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use of any building or structure in violation of any ordinance or regulations enacted or issued pursuant to sections 14-401 to 14-418, to restrain, correct, or abate such violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. The ordinance or regulations shall be enforced by the city as it may provide. In addition to and not in restriction of any other powers, the city may cause any building, structure, place, or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the ordinance or regulations made under authority of such sections. The owner, general agent, lessee, or tenant of a building or premises or of any part of such building or premises where a violation of any provision of the ordinance or regulations has been committed or shall exist or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a Class IV misdemeanor for a first or second violation and a Class II misdemeanor for a third or subsequent violation, if the third or subsequent violation is committed within two years after the commission of the prior violation.Source   Laws 1925, c. 45, § 9, p. 184;   C.S.1929, § 14-412;   R.S.1943, § 14-415;   Laws 1959, c. 37, § 3, p. 212;  Laws 2014, LB174, § 1.
NE Code § 14-416 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-416 - Building regulations; other laws; applicability.

14-416.  Building regulations; other laws; applicability.Wherever the regulations made under authority of sections 14-401 to 14-418 require a greater width or size of yards, courts or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute, local ordinance or regulation, the provisions of the regulations made under authority of said sections shall govern. Wherever the provisions of any other statute, local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of said sections, the provisions of such statute, local ordinance or regulation shall govern.Source   Laws 1925, c. 45, § 10, p. 185;   C.S.1929, § 14-413;   R.S.1943, § 14-416.
NE Code § 14-417 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-417 - Existing commission, board of appeals; regulations, decisions; continuance.

14-417.  Existing commission, board of appeals; regulations, decisions; continuance.Where there already exist a city planning commission and a board of appeals, their continuance is hereby authorized without further act of the city council. All ordinances, rules and regulations, hearings, orders or decisions existing or in effect on April 1, 1925, or substituted or in effect thereafter, shall continue in effect, except insofar as any such shall be in conflict with the provisions hereof.Source   Laws 1925, c. 45, § 11, p. 185;   C.S.1929, § 14-414;   R.S.1943, § 14-417.
NE Code § 14-418 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-418 - Building regulations; scope of operation; jurisdiction of city council.

14-418.  Building regulations; scope of operation; jurisdiction of city council.The powers granted in sections 14-401 to 14-417 may be exercised by the authorities in whom the powers are vested in said sections over such city and all territory not over three miles beyond the limits of such city.Source   Laws 1925, c. 45, § 12, p. 186;   C.S.1929, § 14-415;   R.S.1943, § 14-418. Annotations  Cities of metropolitan class were authorized to zone territory within three miles of corporate limits. Schlientz v. City of North Platte, 172 Neb. 477, 110 N.W.2d 58 (1961). Authority of city to zone may be exercised over all territory not over three miles beyond city limits. Peterson v. Vasak, 162 Neb. 498, 76 N.W.2d 420 (1956).
NE Code § 14-419 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-419 - Building regulations; within three miles of corporate limits; jurisdiction of city council; powers granted.

14-419.  Building regulations; within three miles of corporate limits; jurisdiction of city council; powers granted.The city council, in cities of the metropolitan class, shall have the power by ordinance to regulate, within the corporate limits of the city or within three miles of the corporate limits, except as to construction on farms for farm purposes, (1) the minimum standards of construction of buildings, dwellings, and other structures, in order to provide safe and sound condition thereof for the preservation of health, safety, security, and general welfare, and as to electric wiring, heating, plumbing, pipefitting, sewer connections, ventilation, size of habitable rooms, and the method of constructing buildings, and to provide for inspection thereof and building permits, (2) the removal and tearing down of buildings, dwellings, and other structures in such areas which constitute nuisances because of the dilapidated, unsafe, or rundown condition or conditions, and (3) except as to the United States of America, the State of Nebraska, any county of the state, or any city or village in the state, the nature, kind, and manner of constructing streets, alleys, sidewalks, curbing or abridging curbs, driveway approaches constructed on public right-of-way, and sewers. Any building or construction code implemented under this section shall be adopted and enforced as provided in section 71-6406.Source   Laws 1955, c. 21, § 1, p. 99;   Laws 1965, c. 40, § 1, p. 233;  Laws 2016, LB704, § 1.  Annotations  A district court cannot properly order a zoning board of appeals to issue building permits, as this section provides that issuance of those permits is the province of a city council. Stratbucker Children's Trust v. Zoning Bd. of Appeals, 243 Neb. 68, 497 N.W.2d 671 (1993). Power was granted to city of metropolitan class to regulate curb cuts within three-mile zoning limits. Jacobs v. City of Omaha, 181 Neb. 101, 147 N.W.2d 160 (1966).
NE Code § 14-501 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-501 - Statutory funds; appropriation; limitation.

14-501.  Statutory funds; appropriation; limitation.The city council shall annually or biennially and within the first week of January, if possible, appropriate money and credits of the city in such amounts as may be deemed necessary and proper and set the same aside to the following designated funds to be known as statutory funds: (1) For the fire department of the city, (2) for the police department of the city, (3) for the health department of the city, (4) for the public library, (5) for the purposes of the welfare board, and (6) for the purpose of paying judgments and costs. The amounts so appropriated and set aside to such funds respectively shall be the maximum amounts that may be appropriated to or expended from such funds within the fiscal year or biennial period for the purposes for which such funds respectively are created.Source   Laws 1921, c. 116, art. IV, § 1, p. 468;   C.S.1922, § 3624;   C.S.1929, § 14-501;   R.S.1943, § 14-501;  Laws 2000, LB 1116, § 10. Annotations Levy of city and school district taxes within metropolitan city is computed on actual valuation and assessment as returned by county assessor and as equalized for preceding year. Chicago & N. W. Ry. Co. v. Bauman, 132 Neb. 67, 271 N.W. 256 (1937).
NE Code § 14-501.01 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-501.01 - Biennial budget authorized.

14-501.01.  Biennial budget authorized.A city of the metropolitan class may adopt biennial budgets for biennial periods if such budgets are provided for by a city charter provision. For purposes of this section:(1) Biennial budget means a budget that provides for a biennial period to determine and carry on the city's financial and taxing affairs; and(2) Biennial period means the two fiscal years comprising a biennium commencing in odd-numbered or even-numbered years.Source  Laws 2000, LB 1116, § 2;  Laws 2010, LB779, § 16.
NE Code § 14-502 (2021)
2021 Nebraska Revised Statutes|Chapter 14 - Cities of the Metropolitan Class|14-502 - Department funds; appropriation; miscellaneous expense fund; requirements; use.

14-502.  Department funds; appropriation; miscellaneous expense fund; requirements; use.The city council shall at the same time appropriate, from the remaining amount of tax levy of such year and from revenue to be derived from all other sources available for such purposes, money and credits of the city and set the same aside to funds to be designated department funds. The department funds shall be of the same number and of the same designation as the departments into which the government of the city is divided for administration under the commission plan of government. The amount so appropriated and set aside to each of the funds respectively shall be an amount deemed sufficient and necessary to take care of the expenses in such department for the fiscal year or biennial period for which the appropriation is made. The amount thus appropriated to each of such departments respectively may be divided and subdivided for the purpose of expenditure as the council may direct, but shall be the maximum amount which may be appropriated to any such department for the fiscal year or biennial period, or which may be expended for the purpose of such department for the fiscal year or biennial period. Any transfer of duties or burdens of one department to another, after an appropriation has been made, shall carry with it a just and equitable pro rata proportion of the appropriation. The amounts so appropriated to the several department funds shall be used only for the purpose of paying the expenses and liabilities for which appropriated. The city council shall, at the time of the appropriation, estimate the total credits available from taxes levied and other sources for municipal purposes for the fiscal year or biennial period, and the amount remaining after deducting therefrom the amounts appropriated for statutory and department funds shall be the miscellaneous expense fund. The money and credits in the miscellaneous expense fund may be used from time to time to pay the miscellaneous expenses and obligations of the city for which an appropriation has not been made or which are not properly included within the purposes of the appropriation to any of the other funds.Source   Laws 1921, c. 116, art. IV, § 2, p. 469;   C.S.1922, § 3625;   C.S.1929, § 14-502;   R.S.1943, § 14-502;  Laws 2000, LB 1116, § 11;  Laws 2019, LB193, § 1.