A. Costs; notice.
1. Whenever the Director is required to cause the abatement of a public nuisance in accordance with the provisions of this chapter, the Director shall keep an accounting of the costs thereof, including incidental expenses concerning such abatement. The term “incidental expenses” shall include, but shall not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the abatement work, the costs of printing and mailing required under this chapter including the costs of attorneys fees. Upon abatement of the nuisance, the Director shall cause to be prepared an itemized statement of costs and set the same for a hearing before the Director. Upon receipt of the report itemizing the costs and expenses incurred in abating the nuisance, including incidental expenses, the Director shall cause a notice of hearing to be issued which form of notice shall be headed in letters not less than one (1") inch in height as follows:
“NOTICE OF COSTS OF ABATEMENT AND HEARING”
2. The notice shall otherwise be in form and content as set forth in § 15.212.040.B. and shall be served upon the owner or other person in charge or control of the property in the manner set forth in § 15.212.040.C.
('61 Code, § 18C.14)
B. Hearing before Director. At the time, date and place set for the hearing on the costs of abatement, which hearing shall be at least seven (7) working days after the date of the giving of the notice as set forth in paragraph A. above, the Director shall conduct a hearing on the report. The owner of the property, or such other person in charge or control of the property, shall be afforded an opportunity to be heard with respect to the costs and expenses set forth in the report. Any objections or protests raised by any of the persons liable to be assessed for the costs of abating the nuisance may be submitted orally, or in writing. Upon conclusion of the hearing, the Director shall make such revisions, corrections or modifications to the report as may be deemed appropriate, after which the report shall be confirmed as submitted, or as revised, corrected or modified. The hearing on the costs of abatement may be continued from time to time. The Director shall give notice in accordance with the provisions of § 15.212.040.C.1.b. to the owner of the property or to such other person in charge or in control of the property within five (5) days after the conclusion of the hearing as to the Director's final determination regarding the costs of abatement. The Director's decision shall be final unless appealed to the City Council in the time and manner set forth in paragraph D. below.
('61 Code, § 18C.15)
C. Assessment of lien. Upon expiration of the appeal period set forth in paragraph D. below, the Director shall prepare and file with the County Auditor a certified copy of the report and the amounts approved in the report shall be liens upon the property to be assessed. The assessment shall be filed in the form and manner required by the County Auditor.
('61 Code, § 18C.16)
D. Appeal to City Council. The owner or other person in control or in charge of the property may appeal the decision of the Director to the City Council. Any such appeal shall be filed with the City Clerk, in writing, within ten (10) business days from the date the notice of the Director's final determination concerning the costs of abatement in accordance with the provisions of § 15.212.060. The appeal, in writing, shall be accompanied by the fee required for the taking of any such appeal which fee shall be set by the City Council, by resolution. Upon the receipt of an appeal in writing, with the appropriate fee therefor, the City Clerk shall set the appeal for a hearing before the City Council, and the City Clerk shall notify the appellant of the time, date and location of the hearing at least ten (10) business days prior to the date of hearing, pursuant to the provisions of § 15.212.040.C.1.b.
('61 Code, § 18C.17)
E. Hearing before Council. At the time and place set for the appeal hearing concerning the costs of abatement before the City Council, the City Council shall review the decision of the Director and shall afford the appellant a reasonable opportunity to be heard in connection therewith. Any objections or protests raised by any of the persons liable to be assessed for the costs of abating the nuisance may be submitted orally, or in writing. Upon conclusion of the hearing, the City Council may make such revisions, corrections or modifications to the determination of the Director as the Council may deem appropriate, after which said report shall be confirmed as submitted, or as revised, corrected or modified. The City Council may continue the hearing on the appeal from time to time if such continuance is deemed warranted in the Council's sole discretion.
('61 Code, § 18C.18)
F. Resolution assessing lien. Upon the conclusion of the City Council, the City Council shall adopt its resolution making its findings and determinations with respect to the amounts to be assessed with respect to the costs of abating the nuisance. The amounts so approved by the City Council shall be a lien upon the property. The City Council shall adopt a resolution assessing such amounts as a lien upon the property as that property is shown upon the last available assessment roll.
('61 Code, § 18C.19)
G. Recording of resolution. The City Clerk shall prepare and file with the County Auditor a certified copy of the resolution and the amounts approved in the resolution. The assessment contained therein shall be filed in the form and manner required by the County Auditor.
('61 Code, § 18C.20)
H. Payment of costs. Any person liable for the costs of abatement may pay said costs of abatement at a time prior to the hearing before the City Council.
('61 Code, § 18C.21)
(Ord. 754, passed - - )