(1) Request For Voluntary Compliance: If it is determined by the Development Services Department that a violation of this chapter exists on any property, the Development Services Department shall cause a written request for voluntary compliance to be issued to the owner, occupier, and/or person in control of such property. Such request for voluntary compliance shall contain the street address and parcel number of the property, describe the existing violation of this chapter, request voluntary action to remedy the violation, and establish the time period for voluntary remedy of the violation, which shall be ten (10) days from the date of the request for voluntary compliance.
(2) Order Of Abatement: If, following the issuance of a request for voluntary compliance pursuant to subsection (1) of this section, Development Services Department finds that a violation of this chapter still exists on any property, the Development Services Department shall cause an order of abatement to be issued to the owner, occupier, and/or person in control of such property. Such order of abatement shall contain the street address and parcel number of the property, describe the existing violation of this chapter, order the abatement of the violation, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The Development Services Department shall issue such order of abatement to the owner, occupier, or person in control of the property on which the violation exists in one or more of the following ways:
A. By hand delivery upon such owner, occupier, or person in control of the property; or
B. By certified mail to such owner, occupier, or person in control of the property, at the address shown on the last available assessment roll, or as otherwise known; or
C. By posting such notice and order at a conspicuous place on the property.
(3) Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any violation exists, to abate such violation within ten (10) calendar days from notice pursuant to this section, however, the Development Services Department may require summary abatement of a nuisance condition where such condition presents an imminent threat to human health or safety.
(4) Summary Abatement: Nothing contained herein shall prevent the Development Services Department from requiring, undertaking, or causing summary abatement of a violation where such condition presents an imminent threat to human health or safety.
(5) Appeal: Within seven (7) calendar days from the date of service, mailing, or posting of the order of abatement, the owner, occupier, and/or person in charge or control of the subject property may appeal to the Board by filing a written appeal with the Development Services Department, which appeal shall enumerate the grounds for appeal. The Board shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order of abatement. The decision of the Board shall be final. If the Board affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the violation as ordered.
(6) Abatement Procedures: The Board, upon recommendation by the Development Services Department and after providing notice as provided herein, may abate or cause the abatement of any violation where the owner, occupant, agent or person in control of property does not comply with abatement notice. If the Board directs the abatement of the violation a service fee shall be imposed against the owner of the subject property for services provided. The fees imposed pursuant to this section shall be reasonably related to, but shall not exceed, the actual cost of the service being rendered. The Board shall cause the fee to be collected in the following manner:
A. Recovery Of Abatement Service Fee: DSD shall send to the owner, occupier, and/or person in control of the subject property, by regular mail, a billing statement requiring payment to cover the costs of abating the nuisance and the administrative services as established by fee schedule. Unless paid as voluntarily, as provided below, such charge shall be collected in the same manner provided by law for the collection of real and personal Property Taxes.
B. Automatic Lien Of Abatement Service Fee: Upon abatement, an automatic lien in the amount of the abatement service fee shall attach to the subject property, and a notice of lien shall be recorded within seventy two (72) hours. Upon payment of the charges in full the lien shall be released.
C. Certification Of Abatement Costs: If full payment is not made within thirty (30) days of the mailing of the billing statement requiring payment of abatement service fee, the Board shall certify such charge to be placed on the Property Tax roll.
(7) Certificate Of Noncompliance: In lieu of abatement, the Board may record a Certificate of Noncompliance detailing the violations existing on the property. Such certificate shall be removed upon remedy of the enumerated violation.
(8) Injunction And Other Remedy At Law: The County may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from violations of this chapter, and/or to recover any and all costs enforcement and/or litigation including, but not limited to attorney fees and court costs. (Ord. 19-038, 8-30-2019)